SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000045887

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-16-R-0004

5. SOLICITATION NUMBER

2016 JUL 18

6. SOLICITATION ISSUE 

 DATE

Jennifer Dam PSPTRA3

a. NAME

Phone: 215-737-7898

b. TELEPHONE NUMBER (No Collect

 calls)

2016 AUG 31

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 488190

1250 SIZE STANDARD:

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

12. DISCOUNT TERMS 

 

13a. THIS CONTRACT IS A 

RATED ORDER UNDER 

DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

See Schedule

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

 

DATED . YOUR OFFER ON SOLICITATION 

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION 

INFORMATION CALL:

SEE SCHEDULE

PAGE 1 OF 50

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

19. 

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR 

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)
 

 CONTINUED ON NEXT PAGE

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SPE3S1-16-R-0004
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Part 12 Clauses

---

NOTICE TO OUR VALUED SUPPLIERS

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

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

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

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

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

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

AUTHORIZED NEGOTIATORS

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

PLACE OF PERFORMANCE 

Please submit the following identification numbers:

CAGE CODE: _____________________ DUNS#:___________________________________

SYSTEM FOR AWARD MANAGEMENT (FORMERLY CENTRAL CONTRACTOR REGISTRATION)

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

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

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

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

least one individual listed as the Electronic Business Point of Contact (EB POC) in SAM. To register or update profile please go to the SAM website 

at: http://www.sam.gov

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SPE3S1-16-R-0004
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Continuation of Blocks from SF 1449

1. Block 8

 Offer Due Date/Local Time: August 31, 2016/3:00 PM (EST)

2. Block 9

 › Address and Submit “mailed” offers to:

 Defense Logistics Agency

 Troop Support

 Post Office Box 56667

 Philadelphia, PA 19111-6667

 Solicitation Number: SPE3S1-16-R-0003

 Opening/Closing Date and Time: August 31, 2016/3:00 PM (EST)

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

 DLA Troop Support

 Business Opportunities Office

 Bldg. 36, 2nd Floor, Room 2035

 700 Robbins Avenue

 Philadelphia, PA 19111-5092

 Solicitation Number: SPE3S1-16-R-0003

 Opening/Closing Date and Time: August 31, 2016/3:00 PM (EST)

Notes: 1. All hand carried offers are to be delivered to the Business Opportunities Office

 between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal

 federal holidays as set forth in 5 USC 6103. Offerors using a commercial 

 carrier service must ensure that the carrier service “hand carries” the package

 to the Business Opportunities Office specified above for hand carried offers 

 prior to the scheduled opening/closing time. Package must be plainly marked

 ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with

 the solicitation number, date, and time set forth for receipt of offers as indicated

 in Block 8 of the Standard Form 1449.

 2. Examples of “hand carried” offers include: In-person delivery by contractor,

 Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express

 Mail, and USPS Certified Mail.

 › Transmit “facsimile” offers (if authorized; see “Addendum” to 52.212-1(b)) or offer

modifications/withdrawals to: (215) 737-9300, 9301, 9302 or 9303.

 Offers submitted to any other facsimile number shall not be considered for award. The numbers listed here are THE ONLY 

ACCEPTABLE fax numbers for this solicitation. Offerors should return ALL pages of the solicitation with their offer.

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

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

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

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

responsibility to ensure that the offers are received at the correct location at the correct time. Please allow 

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

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

least one hour prior to the time solicitation closes to allow for security processing and to secure an escort. 

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

BASE IF YOU ARRIVE ONE HOUR BEFORE THE OFFER IS DUE.

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SPE3S1-16-R-0004
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NOTE: E-mail offers are not acceptable forms of transmission for submission of initial proposals or revisions to initial proposals submitted in 

response to this solicitation. As directed by the Contracting Officer, facsimile and e-mail may be used during discussions/negotiations, if 

discussions/negotiations are held, for proposal revision(s).

OFFERORS SHOULD RETURN ALL PAGES OF THE SOLICITATION WITH THEIR OFFER ALONG WITH 2 COMPLETE 

COPIES.

3. Block 15

Required delivery dates shall begin within 45 days after issuance of each delivery order. Delivery quantities shall be provided via delivery orders 

issued on an as needed basis. Delivery shall be FOB Destination to the following ship to address: 

DODAAC: W62G2T

Address: DLA Distribution San Joaquin

 25600 S Chrisman Road

 Rec Warehouse 30-UGR

 Tracy, CA 95304-5000

 United States

Please note: Appointments must be scheduled prior to making all deliveries (call 209-839-5597), 24 hours prior to delivery to schedule 

appointments).

Inspection/Acceptance is at Destination. Required delivery dates shall begin within 45 days after issuance of each delivery order. 

4. Block 17a

 › Offeror’s assigned Data Universal Numbering System (DUNS) Number:_______________ (If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—

Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

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

 › Offeror’s: Specify Fax Number(s):______________________________________________________

Email Address(s): ___________________________________________________________

5. Block 17b

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

 ________________________________

 ________________________________

 ________________________________

 AUTHORIZED NEGOTIATORS:

 The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in 

 connection with this request for proposal. Please list names, titles, telephone numbers, facsimile (FAX) numbers and 

 emails for each authorized negotiator.

 ______________________________________________________________________________________

 ______________________________________________________________________________________

 ______________________________________________________________________________________

6. Blocks 19-24(continued)

SCHEDULE OF SUPPLIES 

1. Effective Period of Contract

 This solicitation is total set-aside acquisition for small business. Offerors must meet all terms, conditions and requirements of this solicitation. 

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DLA Troop Support intends to enter into one or more Indefinite Delivery/Quantity Contracts using Trade-Off Source Selection Procedures. The 

resulting contract(s) will utilize formula pricing, i.e. Cost of goods plus a Fixed Distribution Fee. The contract(s) will be five (5) year contract, 

consisting of five 12-Month Tier Periods to supply Various Commercial Components of the Unitized Group Ration Heat & Serve, Unitized Group 

Ration B and Unitized Group Ration M end-items/modules used by the military services. 

NOTE: Deliveries might fall outside of effective period

 See FAR clause 52.216-22, Indefinite Quantity (Oct 1995) and DFAR clause 252.216-7006, Ordering (MAY 2011) for delivery periods and 

ordering.

The solicitation contains the following seven groups: Beverages, Fruits and Vegetables, Canned Meats, Starches, Condiments, Dehydrated 

Spices & Bases and Bakery Items. 

The Government reserves the right to make multiple awards not based on groups to the responsible offeror(s) whose offer will be most 

advantageous to the government. See FAR 52.212-2 Evaluation – Commercial Items.

2. Formula Item Pricing and Contractor Price Catalog 

a. Pricing will be based on the following pricing formula:

Unit Price = Delivered Price + Distribution Price 

b. Definitions:

Unit Price - The total price charged DLA Troop Support per unit for a product delivered to the Government, consisting of two components: 

“delivered price” and “distribution price”.

Delivered Price - The actual invoice prices for the food that the prime contractor has paid to a manufacturer or supplier for that product delivered to 

the distribution point (sometimes referred to as the “landed cost”). 

Note: The Delivered Price portion of the Unit Price, for the first tier/year and that to be used in evaluating the next four tiers, shall be that Delivered 

Price effective the week of solicitation closing. 

Distribution Price – The firm fixed price, offered as a dollar amount, which represents all the elements of the contract unit price other than the 

delivered price. This distribution price typically consists of the prime contractor’s projected general and administrative, overhead, direct labor, any 

other projected expenses associated with the prime contractor’s function, and anticipated profit. The Distribution Price is intended to reflect the 

difference between the Delivered Price and the Unit Price to deliver the specific product to the depots. The Distribution Price dollar amount shall 

remain fixed for the term of the contract.

 The Delivered Price portion of the Unit Price, for the first year and that to be used in evaluating the next four years, shall be that Delivered Price 

effective the week of solicitation closing. 

 All items will have type pack 1.

3. All prices offered for the following items must be F.O.B. Destination. Prices must include freight to the following destination:

DLA Distribution San Joaquin

25600 S Chrisman Road

Rec Warehouse 30-UGR

Tracy, CA 95304-5000

4. Offerors shall also include their prices for all five years. The Fixed Distribution Price remains the same for each tier period. Offer on each tier 

is mandatory. See FAR 52.216.

5. Unit prices and extended prices must be formatted no more than two decimal places. Ex: $XX.XX

6. Below is the NSN and item description for the requirements of this solicitation. See Attachment for pricing spreadsheet of these component items. 

It is anticipated that more items may be added after award.

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7. Offerors are reminded that the quantities stated in the solicitation represent only the estimated quantities. Price evaluation will be based on all 

items (or NSN) listed in the Attachment. Pricing will be evaluated for all five-year period. The estimated quantities will be multiplied by the 

offered unit prices for all five tiers, to estimate the lowest overall aggregate cost to the Government. 

NSN ITEM DESCRIPTION Quantity Unit of 

Issue

Group 1 - Beverages

8915-00-183-7135

JUICE, APPLE, CANNED, or apple juice from concentrate, canned, single strength, clear, US 

Grade A, 5-1/4 to 6 fluid oz (155.264 to 177.444 ml) can, U.S. Standards for Grades, product 

description (a), style I

259,200

CN

8915-01-623-6133 APPLE JUICE, CONCENTRATE, SHELF STABLE, 100% JUICE 11.5 OZ CN 27,048 EA

8940-01-487-7780 CREAMER, NONDAIRY, dry, 25/3 grams pgs per intermediate box, CID A-A-20043B 89,100 CO

8955-01-484-9676 CAPPUCCINO, Instant, Powder, French Vanilla, 1 oz.(28.35 g) pg, 25 pgs/co., CID A-A-20336A, 

type II , style A, regular, flavor 1 21,900 BX

8955-01-513-4514 CAPPUCCINO, COFFEE, INST, regular, irish cream, 1 oz pg, 25pgs/co, CID A-A-20336A, 

flavor 4 19,200 BX

8955-01-519-5603

COFFEE, ROASTED, filter pack, grd, jet grind, arabica blend, five 1.25 oz. filter pgs/module co, 

1.75 gal yield, vacuum sealed and waterproof for extended shelf life, 31 module co/case (for 

Unitized Group Ration)

126,000

CO

8955-01-540-7860 Iced Tea Mix, Peach, pdr, non-nutritive sweetener, ind. serving pg., 10 pgs/box, CID A-A-20183C, 

variety I, style B, type 1, flavor d (for Unitized Group Ration). 3,540 BX

8955-01-451-1572 TEA MIX, INST, pdr, lemon flavored, w/sugar, 24 oz pkg, 2 gallon yield, CID A-A-20098E, type 1 

or 2, class 6 31,860 BX

8960-01-487-7787 COCOA BEV PDR, swt, nonfortified, 16 oz pgs per intermediate box, CID A-A-20189B 21,900 BX

8960-01-395-1139 BEV BASE, lemonade, pink, swt, w/ascorbic acid, 24 oz pkg, 2 gal yield, CID A-A-20098E, flavor 

19, type II (for UGR) 10,620 PG

8960-01-419-3689 BEV BASE, grape, pdr, swt, w/ or w/o ascorbic acid, 24 oz pg, 2 gal yield pg, CID A-A-20098E, 

form a or b, flavor 5, type II (for UGR) 35,640 PG

8960-01-419-3690 BEV BASE, orange, pdr, swt, w/ or w/o ascorbic acid, 24 oz pg, 2 gal yield pg, CID A-A-20098E, 

form a or b, flavor 1, type II (for UGR). 37,620 PG

8960-01-419-3691 BEV BASE, cherry, swt, pdr, 24 oz pg, 2 gal yield/pg, CID A-A-20098E, form a or b, flavor 6, 

type II (for UGR). 19,260 PG

8960-01-419-3693 BEV BASE, lemonade, pdr, swt, w/ or w/o ascorbic acid, 24 oz pg, 2 gal yield pg, CID A-A20098E, form a or b, flavor 8, type II (for UGR) 54,000 PG

8960-01-540-7857 Bev. Base, Lemonade, pdr, non-nutritive sweetener, ind. serving pg, 10 pgs/box, CID A-A-20098E, 

flavor 8, type III (for UGR). 3,540 BX

8960-01-585-8062 Bev. Base, Lemon Lime, sugar free, 10 count per box, CID A-A-20098, type III, flavor 4, for UGR 

E and Heat & Serve 3,540 BX

8960-01-585-8064 Bev. Base, Fruit Punch, sugar free, 20 count per box, CID A-A-20098, type III, flavor 7, for UGR 

E and Heat & Serve 10,620 BX

8960-01-585-8082 Bev. Base, Cranberry-Pomegranate, sugar free, 20 count per box, CID A-A-20098, type III, formula 

a, for UGR E and Heat & Serve 3,540 BX

8960-01-623-6087 SPORTS DRINK BASE, POWDER, FRUIT PUNCH 21OZ PG 8,694 EA

8960-01-623-6088 SPORTS DRINK BASE, POWDER, GRAPE 21OZ PG 8,694 EA

8960-01-623-6081 SPORTS DRINK BASE, POWDER, MIXED BERRY 21OZ PG 8,694 EA

8960-01-623-6085 SPORTS DRINK BASE, ORANGE 21OZ PG 14,490 EA

8955-01-623-6277 TEA BAGS, BLACK PEKOE, INDIVIDUALLY WRAPPED, 100BG/ BX 7,728 EA

Group 2 - Fruits and Vegetables Unit of 

Issue

8915-00-127-8272 APPLESAUCE, CANNED, US Grade A, no. 10 size can, U.S. Standards for Grades, color (a), 

Flavor (a), type of pack (b), style (a) 3,840 CN

8915-00-127-9282 PEAS, CANNED, Early or sweet, US Grade A, no. 10 size can, U.S. Standards for Grades, type (a) 5,760 CN

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or (b), size 1, 2,3,4,5,6 or 7, or combination thereof.

8915-00-251-8068 CRANBERRY SAUCE, CANNED, jellied or strained, US Grade A, no. #300 size can, U.S. 

Standards for Grades, style I 14,160 CN

8915-00-257-3947 CORN, CANNED, golden, whole Kernel or whole grain, US grade A, no. 10 size can, 603 x 700, 

Brine packed 55,920 CN

8915-00-286-5482 FRUIT COCKTAIL, CANNED, LIGHT SYRUP PACK, US Grade A or B, no. 10 size can, U.S. 

standards For Grades 51,960 CN

8915-00-577-4203 PEACHES, Cling, Quarters or Slices, Light or Heavy Syrup, Style b or c, Grade B, # 10 Can 48,720 CN

8915-00-582-4058 TOMATO PASTE, 12 oz can, heavy, med, or light conc, coarse or fine texture, US Grade A, US 

std for gr, kinds of texture (1) or (2) 1,920 CN

8915-00-616-0223 PEARS, Bartlett, Halves, Light or Heavy syrup, Style a, Grade A or B, # 10 can 20,160 CN

8915-00-616-4820 BEANS, Green, Style a, d, or e, Type a or b, Size 1 thru 6, Grade A, # 10 can 53,040 CN

8915-00-634-2436 CARROTS, CANNED, slices or quarters, US Grade A, no. 10 size can, U.S. Standards for Grades, 

style b or c 16,380 CN

8915-01-373-4977 TOMATOES, Diced, US Grade A, Style e, # 300 can 2,880 CN

8915-01-647-9650 WATER CHESTNUTS, SLICED #10 CN 966 CN

8915-01-450-7295 VEGETABLES, Mixed, Canned, US Grade A, # 10 can, CID A-A-20120D 27,960 CN

8915-01-487-7519 Peas & Carrots, mixed, canned, US Grade A, No. 10 size can 21,240 CN

8915-01-516-9406 BEANS, BLACK, CANNED, dried, in brine, meatless, no. 10 size can, CID A-A-20134B, type i, 

class k, style 1 (for unitized b ration) 960 CN

8915-01-516-9413 BEANS, GREAT NORTHERN, CANNED, dried, in brine, meatless, no. 10 size can, CID A-A20134B, type i, class c, style 1 (for unitized b ration) 3,840 CN

8915-01-518-0230 PEPPERS, JALAPENO, SLICED, CANNED, in brine, 4 oz. can (for Operational B Ration) 960 CN

8915-01-623-6993 MUSHROOMS, SLICED # 10 CN 1,932 EA

8940-00-616-0226 PIE FILLING, Regular, Apple, Type I, Flavor A, #10 size can, CID A-A-20161A 1,920 EA

8940-01-623-6683 CHERRY PIE FILLING, FRUIT, PREPARED, REGULAR #10 CN 1,932 EA

8940-01-623-6691 BLUEBERRY PIE FILLING, FRUIT, PREPARED, REGULAR #10 CN 4,830 EA

Group 3 - Canned Meats Unit of 

Issue

8905-00-023-8284 HAM CHUNKS, with Juices, packaged in a # 10 CN, Shelf Stable, PCR-H-011 4,620 CN

8905-01-560-8354 CHICKEN, BONED, CANNED, pieces, solid pack, 48 oz. 17,280 CN

8905-01-504-1235 PORK SAUSAGE LINKS IN BRINE, SHELF STABLE, min 75 intact links/can, 106 oz (3.005 

kg) net wt, no. 10 size can, PCR-P-035 5,400 CN

8905-01-504-8540 TURKEY SAUSAGE LINKS IN BRINE, SHELF STABLE, min 75 intact links/can, 106 oz 

(3.005 kg) net wt, no. 10 size can 5,400 CN

8905-01-568-6928 BEEF CHUNKS, Canned, in beef broth, 6/48 oz. can 13,440 CN

8905-01-627-2696 BEEF CHUNKS, CUBE SIZE 3/4- 1 INCH, 104 OZ ISP 5,796 EA

8940-01-067-7960 MEAT BALLS IN TOMATO SAUCE, min 50% ckd meatballs, no. 10 size can 3,840 CN

8940-01-517-9950 GRAVY W/SAUSAGE, READY TO SERVE, CANNED, cream gravy, country style, no. 10 size 

can (for Operational B Ration), PCR-P-040 5,400 CN

8940-01-627-2702

MEATBALLS IN TOMATO SAUCE, FLEXIBLE POUCH, SHELF STABLE, ISP POUCH 104 

OZ 3,864 EA

Group 4 - Starches Unit of 

Issue

8915-01-367-8976 POTATOES, , White, Dehydrated, Hash Brown, 40 0z box, CID A-A-20032 27,000 EA

8915-01-394-9960

POTATOES, WHITE, DEHYDRATED, instant mashed (Precooked, rapid rehydrating), 

agglomerates, gable top paperboard box, min. fifty 1/2 cup servings per box, CID A-A-20032, form 

(B), style 4 (for Unitized Group Ration)

2,880

BX

8915-01-516-9347 POTATOES, White, Dehydrated, Au Gratin, 36 -38 oz. Box 1,920 BX

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8920-00-272-8934 SPAGHETTI, long form, regular cooking, enriched, 1 lb box, CID A-A-20062E 5,760 BX

8920-00-782-2979 MACARONI, elbow form, regular cooking, enriched, 1 lb box, CID A-A20062E 6,720 BX

8920-01-079-1583 CEREAL, WHEAT, FARINA, quick-cooking, enriched, 28 oz box, CID A-A-20108, type i, class b, 

style 2 5,400 BX

8920-01-079-1585 HOMINY GRITS, white, quick-cooking, enriched, 24 oz (68.04 g) container, CID A-A-20035D, 

type I, style B, flavor 1 16,200 CO

8920-01-123-2298

RICE, PARBOILED, long grain, enriched, max 13.5% moisture, max 2% white ungelatinized 

kernels, us no. 1 gr or us no. 2 gr (parboiled light), 5 lb bag, us standards of identity for enriched 

rice (21 cfr 137.350) and us standards for milled rice (7 cfr 68.301)

6,720

BG

8920-01-134-3703 HOMINY GRITS, white, regular, enriched, 12/ 0.8 oz pkg, CID A-A-20035D, type I, style c, 

flavor 1 50,000 CO

8920-01-647-9792 BROWN RICE 5 LB BG 966 EA

8920-01-368-7386 STUFFING MIX, Chicken flavored with vegetable seasoning, in hermetically sealed paper/foil 

laminate pouch, 28 oz. box 2,880 BX

8920-01-429-6306 CEREAL, ROLLED OATS, quick cooking, 42 oz (1.191 kg) co, cid a-a-20090E (for unitized group 

ration) 2,700 BX

8920-01-623-6299 SPAGHETTI, DRY, THIN, 10" LONG FORM 1 LB BX 5,796 EA

8920-01-623-6377 LINGUINI, DRY, WHOLE GRAIN, 1 LB BX 17,388 EA

8920-01-623-6286 OATMEAL, VARIETY PACK 10-12 INDIVIDUAL PACKETS/BX 20,796 EA

8920-01-627-2687 MACARONI, DRY, WHOLE GRAIN, ELBOW FORM 1 LB BX 2,898 EA

Group 5 - Condiments Unit of 

Issue

8925-01-368-1611

SYRUP, imitation maple, regular, thick, 12 fluid oz plastic bottles, 8.5 in. max height, 

Type IV, Style 1, Flavor A, CID A-A-20124D. Note: The plastic syrup bottle shall be 

closed with a retractable pour spout. Pour spout closure shall be secured in such a manner 

to prevent loosening of the cap or leakage during shipment and storage. A tamper evident 

seal over the mouth of the bottle and around the circumference of the juncture of the cap 

shall be used.

67,500

BT

8930-01-393-4270 JELLY, GRAPE (CONCORD), US Grade A, 22 oz hermetically sealed plastic squeeze bottle 

w/reclosable pouring cap, CID A-A-20078C 66,000 BT

8930-01-487-7485 JAM, STRAWBERRY, US Grade A, 22 oz hermetically sealed plastic squeeze bottle w/reclosable 

pouring cap. ADCOP 33,000 BT

8940-01-393-8412 PUDDING, CANNED, Chocolate or milk chocolate, ready-to-serve, artificially flavored, artificial 

coloring, # 10 size can, CID A-A-20051E 1,920 CN

8940-01-647-9784

VANILLA PUDDING, Shelf Stable, Ready-to-Eat, Regular, No. 10 can, Type I, Flavor I, CID AA-20051 2,898 CN

8940-01-531-4946 CHEESE SPREAD, Cheddar, Fortified, in Pouch, Jalapeño, Type II, 24 pouches per bag, PCR-P039 7,080 EA

8950-01-059-5269 WORCESTERSHIRE SAUCE, 5 to 10 fluid oz (147.87 to 295.74 ml) bottle, CID A-A-20099B 2,700 BT

8950-01-368-1608 BARBECUE SAUCE, Plain, w/o added fruit purees, 1/2 gal plastic co., CID A-A-20335A (for 

unitized group ration) 1,920 CO

8950-01-647-9789 SOY SAUCE, LOW SODIUM 4 TO 10 OZ BT, Type III or IV, CID A-A-20087 1,932 EA

8950-01-393-8422 Soy Sauce, fermented, 5 oz. CID A-A-20087C, type I (for Unitized Group Ration) 3,540 BT

8950-01-396-3998 CATSUP, TOMATO, US Grade A, 20 oz. Plastic squeeze container w/resealable pouring cap, U.S. 

Standards for Grade 56,100 BT

8950-01-396-4011 CREOLE SAUCE, 4 lb 5 oz plastic co (for unitized group ration) 8,640 CO

8950-01-433-2207 HOT SAUCE, Extra hot – 4x, Type II, 3 oz. bottle, CID A-A-20097F 118,920 BT

8950-01-487-7784 SALSA, TOMATO, BASED, mild, chunky, 48 oz., plastic squeeze bottle, hermetically 

sealed with reclosable pouring cap. Type 1, Style b, CID A-A20210B 20,040

BT

8950-01-516-9416 SALSA, MILD, SHELF STABLE, tomato based, chunky, 1⁄2 gallon bottle, CID A-A-20210B, type 

I, pungency B, style 2 for Unitized B Ration) 7,680 BT

8950-01-519-0201 CATSUP, JALAPENO 20 OZ SQUEEZE BOTTLE, CID A-A-20346A 33,000 EA

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8950-01-644-9045 HOT SAUCE, CHILI & LIME, type VII, 12 oz. bottle, CID A-A-20097F 7,080 EA

8950-01-623-6703 BBQ SAUCE, BOURBON STYLE 64 OZ BT 1,932 EA

8950-01-623-6671 SAUCE, CHILI GARLIC. KOREAN 64 OZ BT 1,932 EA

Group 6 - Dehy Spices & bases

8910-01-623-6213 CHEDDAR CHEESE SHREDS, DEHYDRATED 24 OZ BG 5,796 EA

8910-01-625-4588 AMERICAN CHEESE, processed, pasteurized, dehydrated, 32 oz. foil laminated bag. 960 BG

8915-00-227-1387 PEPPERS, GREEN, DEHY, swt, diced, unckd, w/desiccant, 4.25 oz co., CID A-A-20070C, type i, 

style a or b, class 1 2,700 CN

8915-01-647-9785

PEPPERS DEHYDRATED GREEN AND RED 4.25 OZ PG, Type III, Style A, Class 1, CID 

A-A-20070

1,932

EA

8915-01-368-1613 ONIONS, DEHY, chopped, 1.62 oz plastic co (for unitized group ration) 5,580 CO

8935-01-503-6689 BROTH, CHICKEN, DEHY, 8 servings/box, CID A-A-20329A 1,920 BX

8940-01-534-2621 Butter Flavored Granules, 100% Natural Flavor, 2 oz. pouch package. 53,400 EA

8940-01-368-0321 GRAVY MIX, inst, pork, 13 oz foil laminate bag, 1 gal yield (for unitized group ration) 960 BG

8940-01-368-1614 GRAVY MIX, inst, brown, 16 oz foil laminate bag, yields 1 gal, (for unitized group ration) 6744 BG

8940-01-368-1615 GRAVY MIX, inst, chicken, 16 oz foil laminate bag, yields 1 gal, (for unitized group ration) 5778 BG

8940-01-623-6942

GRAVY MIX, PEPPERED FOR BISCUITS, INSTANT,TRANS FAT-FREE, NO MSG 16 OZ 

FOIL LAMINATE BG 1,932 EA

8950-01-368-7389 SAUCE MIX, INST. CHEESE, 32 oz. foil bag 1,920 EA

8950-01-623-6791 SAUCE MIX, ALFREDO, INSTANT, 16 OZ FOIL LAMINATE BG 1,932 EA

8950-01-623-6708 SEASONING MIX, FRIED RICE, 1.75 OZ FOIL LAMINATE PG 9,660 EA

8950-01-369-3276

SALT AND PEPPER, TWIN PACK, salt, table iodized, fine granulated or evaporated, 4 oz. 

shaker w/sprinkle/pour lid, and pepper, black, ground, 1.5 oz. shaker /sprinkle/pour lid, 

ADCOP (for Unitized Group Ration)

26,940

EA

8950-01-518-0209 CAJUN SEASONING, 3.18 oz plastic bottle, CID A-A-20001A, type II, class F (for Operational B 

Ration) 960 CO

8950-01-518-0220 ITALIAN SEASONING, 0.75 oz. plastic bottle, CID A-A-20001A, type II, class I (for Operational 

B Ration) 960 CO

8950-01-518-0226 SOUTHWEST SEASONING, 3.15 oz. plastic bottle, CID A-A-20001A, type II, class L (for 

Operational B Ration) 1,920 CO

8950-01-518-0238 CREOLE SEASONING, 3.0 oz., plastic bottle, CID A-A20001A, type II, class K, (for Operational 

B Ration) 960 CO

8950-01-647-9793 GARLIC POWDER with added anticaking agent, 1.1 OZ BT 966 CO

8950-01-627-2763 CINNAMON, GROUND 1 OZ BT 2,898 EA

Group 7 - Bakery Items Unit of 

Issue

8925-00-935-3260 ICING MIX, powder, chocolate flavored, no. 10 size can 2,880 CN

8925-01-647-9788 BROWN SUGAR, 16 OZ BX, Type II, Style A or B, CID A-A-20135 1,932 EA

8925-01-623-7023 SUGAR, REFINED GRANULATED 20 OZ BX 1,932 EA

8925-01-623-7028 SUGAR CONFECTIONARY, 1LB BX 11,592 EA

8925-01-627-2776 VANILLA ICING MIX #10 CN 966 EA

8945-01-393-8426 SHORTENING COMPOUND, general purpose type, semi-solid, all veg oil, 1 lb composite can 

w/ resealable plastic lid, (for unitized group ration), CID A-A-20100C 13,500 CN

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Business Proposal/Offer Prices:

Offeror shall submit their price proposals by completing the Proposed Price Excel Spreadsheet (same as the downloadable Attachment 

of solicitation SPE3S1-16-R-0004 in FedbizzOpps website) which will be e-mailed to the offeror upon its request to the Contract

Specialist, Jennifer Dam at 215-737-7898 or at email address Jennifer.Dam@dla.mil or the Contracting Officer, Thomas Haley at 215-

737-2064 or at email address Thomas.Haley@dla.mil. The completed spreadsheet shall be renamed by the offeror, by prefixing the 

Spreadsheet name with the name of the offeror, e.g. “Acme Co. Pricing.xls”. The price proposal shall also state the brand/label offered for the 

items in the Schedule of Supplies. The price proposal shall include the delivered price effective the week of solicitation closing, the fixed 

distribution price and the total offered unit price.

Prices shall be submitted for the all five tiered years. It is requested that all pricing information be provided in writing.

Note: Submission of the offer prices should be hand carried/faxed to the Business Opportunities Office at (215) 737-9300, 9301, 9302 or 9303 (see 

additional information on pages 4 & 5). A courtesy copy of the offer can be emailed to the Contract Specialist Jennifer Dam, however lacking 

submission of the business proposal/offer prices to the Business Opportunities Office will deemed the proposal invalid.

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

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

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

conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of 

improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor 

may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, 

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

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

the False Claims Act. (31 U.S.C. 3729-3733)

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

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

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

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

of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written 

code of business ethics and conduct to the contracting officer upon request by the contracting officer.

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TECHNICAL/QUALITY DATA 

1. ITEM REQUIREMENTS:

a. Shelf Life

A minimum of 18 months’ shelf life is required for all items. 

b. Description/Specification:

Please see Section Schedule of Supplies above for a complete list of product item descriptions and specifications.

Copies of the required technical specifications (i.e.: Performance Contract Requirements (PCRs), Commercial Item Descriptions (CIDs), etc) may be 

obtained upon request from:

Defense Logistics Agency

DLA Troop Support

Ms. Ramona Hemphill, Food Technologist

ATTN: FTSC

700 Robbins Avenue, Philadelphia, PA 19111-5092

Telephone: (215-737-2986)

e-mail: Ramona.Hemphill@dla.mil

Copies of the stated documents may also be obtained at the DLA Troop Support Subsistence Internet website located at 

http://www.troopsupport.dla.mil/subs/support/specs/procure.asp

2. INSPECTION AND ACCEPTANCE REQUIREMENTS

A. For the purposes of Inspection/Acceptance and Shipment/Delivery, a manufacturer’s “lot” shall be considered no greater than a single 

shift’s production. 

Note: When product is being delivered to Tracy Depot in California, lot numbers will not be mixed on the same pallet.

B. OPTIONAL CONTRACTOR TESTING is provided by the alternate inspection requirements of DLAD 52.246-9024, Alternative 

Inspection Requirements for Selected Items.

3. PACKAGING:

Preservation, packaging, etc. furnished by suppliers shall meet or exceed the following requirements:

Unit packages shall be designed and constructed so that the contents of each package shall be protected from damage during shipment and storage. 

Unit packages shall also be able to withstand subsequent handling. Unit packs susceptible to corrosion or deterioration shall be protected by 

preservative coatings. Items requiring protection from physical damage, or which are fragile in nature (i.e., glass) shall be protected by wrapping, 

cushioning, etc. or other means to mitigate damage during handling and shipment. If screw caps are used, they shall be secured to the bottles with a 

band of plastic shrink film or plastic tape. All bottles shall be hermetically sealed (inner seal) and secured to withstand any position in the shipping 

container without leaking.

4. LABELING:

Labeling for unit and intermediate containers shall meet those used in the commercial distribution or over the counter retail sales. The labeling shall 

be sufficient to clearly and visibly identify the contents of the package. All markings must comply with the applicable laws as set forth by the 

Federal Food Drug and Cosmetic Act and regulations promulgated there under.

5. PACKING:

The shipping container (including any necessary blocking, bracing cushioning or waterproofing) shall comply with the regulations of the carrier used 

and provide safe delivery to the destination point at the lowest possible tariff cost. It shall be capable of multiple handling and storage under 

favorable conditions for a minimum of one year.

6. TRACEABILITY:

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In order to facilitate an effective traceability for the Unitized Group Ration Program, the contractor shall ensure that each primary container (unit 

pack) and intermediate container, if required, has a lot number and Date of Pack (DOP). The date of pack on the Placards shall be identical to the 

material code on each individual case. These package codes shall be permanent and legible. Failure to comply will result in delayed payment.

Use of the Julian Date for the lot number and a time stamp (hour and minute of filling/sealing) is preferred. For example (1296 12:15), 1296 = 

October 23, 2011 and 12:15 representing the time of filling/sealing. When not required by specification, the contractor’s lot identification may be of 

their own coding, i.e. a closed code, but the contractor shall provide the coding information for the primary containers and the contract data markings 

upon delivery. Package codes per case lot number shall be identified on the appropriate accompanying Bill of Lading/DD Form 250 upon delivery.

Additionally, the contractor shall ensure that traceability records include identifying ALL ingredients and ALL sources for those ingredients. This 

shall be accomplished for the each item, brand and component that is shipped to the Defense Depot (Assembler) for the Unitized Group Ration 

Programs.

This information shall be made available within 24 hours.

7. DATE OF PACK

Acceptance will be limited to product processed and packed subsequent to date of award of delivery order. Additionally, all shipments of 

components/product from a producer to destination/assembly points shall not be older than 60 days at time of shipment.

8. MISCELLANEOUS REQUIREMENTS

Compliance with the provisions contained in Title 21, Code of Federal Regulations Part 110 “Current Good Manufacturing Practice in 

Manufacturing, Packaging or Holding Human Food,” and all regulations referenced herein, is required. In addition, the contractor is required to 

comply with all the provisions contained within specific parts of the Code of Federal Regulations. For example, low-acid canned food 

manufacturers, Part 110 and 113 are applicable.

The Contracting Officer or any Government personnel designated by him shall be permitted entry into the contractor’s and subcontractor’s plants 

during performance of manufacturing operations. Except for inspection service, the Contracting Officer shall give prior notice of the purpose of the 

meetings and shall furnish dates of the visit.

9. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

As required by 48 CFR 246.471 Authorizing Shipment of Supplies, AR 40-657, Veterinary/Medical Food Safety, Quality Assurance and Laboratory 

Service, DLAR 4155.3, Inspections of Subsistence Supplies and Services, DLAD 52.246-9044, "SANITARY CONDITIONS (APR 2014), and as 

clarified by the Armed Forces Food Risk Evaluation Committee, 31 JAN 1996, all Operational Ration Food Components will originate from 

sanitarily approved establishments. Acceptable sanitary approval is constituted by listing in the "Directory of Sanitarily Approved Food 

Establishments for Armed Forces Procurement," published by the U.S. Army Institute of Public Health (USAIPH), or an establishment inspected and 

approved by the U.S. Department of Agriculture (USDA) or the U.S. Department of Commerce (USDC) and possessing a USDA/USDC 

establishment number. This requirement applies to all GFM and CFM Operational Ration Food Components and to all Operational Ration types. 

Requests for inspection and "Directory" listing by USAIPH will be routed through DLA Troop 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.

SANITARY CONDITIONS

(a) Food establishments.

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

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

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

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

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

may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in 

an appropriate Government directory as a sanitarily approved establishment when required. Accordingly, the 

supplier agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this 

contract will originate only in establishments listed in the U.S. Army Institute of Public Health (USAIPH) Circular 

40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, 

(Worldwide Directory) (available at: 

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). Compliance with the 

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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 USDA Poultry 

and Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at 

http://www.ams.usda.gov/poultry/grading.htm.

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

and Egg Product Inspection Directory” published by the USDA FSIS at 

http://apps.ams.usda.gov/plantbook/Query_Pages/PlantBook_Query.asp . All products, to be acceptable, shall, 

on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend 

or label of the inspection agency and applicable establishment number.

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

“U.S. Establishments Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the 

“USDC Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of 

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

seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or 

shipping container, as applicable, the full name and address of the producing facility.

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

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

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

Human Services, Food and Drug Administration (USDHHS, FDA) at 

http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm. These plants 

may serve as sources of pasteurized milk and milk products as defined in Section I of the “Grade ‘A’ 

Pasteurized Milk Ordinance” (PMO) published by the USDHHS, FDA at 

http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htm.

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

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

(available at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022 ) may serve as 

sources of manufactured or processed dairy products as listed by the specific USDA product/operation code. 

Plants producing products not specifically listed by USDA product/operation code must be Worldwide Directory 

listed (e.g., plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed 

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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.

(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.

10. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS

All Shipping Containers and Unit Loads shall be clearly marked, in accordance with DLA Troop Support Form 

3556 entitled “Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semi-perishable 

Subsistence, dated April 2014, with the following information on two adjacent sides of the load with the largest 

characters possible as follows: 

Unitized Ration Component

National Stock Number

Item Name

Date of Pack and Lot Number

Number of Shipping Containers per Pallet

Contract Number

Contractor’s name and Address

Inspection Test Date (ITD)

Note: For the Inspection Test Date, the expected shelf life is found in the applicable solicitation/contract. To calculate the ITD, add the shelf life 

value to the month/year date of pack.

Example, if the Date of Pack is June 2007, and the shelf life is 36 months (3 years), then the ITD is computed as follows: 6/07 + 3 years = 6/10. If 

labels are used, they shall be permanently affixed with water-resistant adhesive tape.

Shipments without the appropriate Shipping Container and Unit Load Markings will be rejected and returned to origin, or at the Contracting Officers 

discretion, reworked at a labor rate determined by the destination activity (not DLA Troop Support).

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11. UNITIZATION

Unit loads shall have the shipping containers arranged on a 40 inch by 48 inch commercial wood or

plywood four-way entry pallet, or on a 48 inch by 40 inch Grocery Manufacturers of America wood four-way entry pallet. The load shall be bonded 

with non-metallic strapping, shrink or stretch film, or others means that comply with carrier rules and regulations applicable to the mode of 

transportation (adhesive bonding is not acceptable).

Bonding material shall secure the load to the pallet to form a consolidated, stable cargo which can be handled as a unit. For example, when strapping 

is used to secure the load, the straps shall pass under the top deck boards of the pallet. When stretch or shrink film is used, it must be applied low 

enough on the pallet to secure the load to the pallet. The unit load height shall not exceed 50 inches.

Inspection of unit loads shall be in accordance with classification Type III, Class G of DLA Troop Support Form 3507 of April 2014 entitled “Loads, 

Unit: Preparation of Semi-perishable Subsistence Items.”

NOTE: The unit load dimensions are 40 inches in length by 48 inches in width and 50 inches in height (Please note: In the height dimension, 

this includes the 1-3/8" slave board that the pallet and material are placed on).

These dimensions are exact and can be no larger than what is specified. No overhang is permitted.

12. QUALITY ASSURANCE PROVISIONS 

FAR Clause 52.246-2 is applicable.

By submitting an offer, the contractor certifies that the product offered meets: the specified finished product salient characteristics and all 

requirements of this contract; conforms to the producer’s own specifications and standards, including product characteristics, manufacturing 

procedures, quality control procedures, and storage and handling practices; has a national or regional distribution from storage facilities located 

within the United States, its territories, or possessions; and is sold on the commercial market.

The Government reserves the right to determine proof of such conformance prior to the first delivery from the point of origin and any time thereafter, 

as may be necessary, to include delivery at final destination, and for the time the product is covered under warranty, to determine conformance with 

the provisions of the contract.

End item lots determined nonconforming may be reworked to correct or screen out the defective units. Rework shall only be considered acceptable 

to the Government when the rework procedure has a reasonable probability of correcting the deficiency. 

Any rework plan at a minimum will be approved by DSCP-FTRA, except for instances involving a rejection/retention of a lot due to foreign material. 

A lot rejected/retained due to the actual presence of foreign material or the likelihood of the presence of foreign material shall be retained in full and 

will require coordination with DSCP-FTRA prior to initiation of any rework.

A nonconforming lot, other than a lot retained for the presence of foreign material, may only be reworked one time without any specific authorization 

from the Contracting Officer. If a contractor elects to rework a lot a second time, a petition with supporting valid technical reasons as to why a 

second rework will provide more success than the first must be submitted in writing to the Contracting Officer for approval.

An end item lot rejected by the contractor or Government must be reworked and re-offered within 30 days from the date of initial rejection.

The supplies or products furnished under the contract shall be produced in accordance with the provisions of 21 CFR, Part 110, “Current Good 

Manufacturing Practices in Manufacturing, Packing or Holding Human Food,” and all regulations referenced therein.

13. GOVERNMENT INSPECTION/ACCEPTANCE 

The contractor must meet all characteristics specified herein. Government inspection and acceptance shall be at destination for identity, count and 

condition for all terms and conditions of the contract. This shall include but is not limited to the following:

1. All shipments must be accompanied by a Bill of Lading or DD-250, and a WAWF report.

2. All unit loads must be marked in accordance with DLA Troop Support Form 3507.

3. All unit loads shall be stable and not exceed 50 inches in height including pallet material.

4. All delivered product shall be free of defects.

5. All shipments must contain the correct quantity as specified by DLA Troop Support.

6. Appointments must be scheduled with the receiving activity prior to delivery.

7. All delivered product must meet or exceed the appropriate product requirements as described in this Solicitation.

8. All delivered products must meet the required date of pack/shelf life requirements.

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9. To determine the date of pack, any closed date code must be accompanied with documentation deciphering the closed product code.

10. All delivered products must be free of insect and rodent infestation. 

Failure to comply with ANY of the above conditions may result in the shipment(s) being rejected and returned to origin, or at the Contracting 

Officer’s discretion reworked at a labor rate determined by the destination activity (not DLA Troop Support).

14. iRAPT FORMERLY WIDE AREA WORKFLOW

ALL SUPPLIERS ARE REQUIRED TO PROCESS INVOICES ELECTRONICALLY THROUGH THE DLA INVOICING, RECEIPT, 

ACCEPTANCE, AND PROPERTY TRANSFER (iRAPT) SYSTEM formerly known as WIDE AREA WORKFLOW (WAWF). iRAPT is a secure 

web based system for electronic invoicing, receipt, acceptance, and property transfer. iRAPT allows government vendors to submit and track 

invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless 

environment. It is also the only application that will be used to capture the Unique Identification (UID) of Tangible Items information. iRapt is in 

accordance with the 2001 National Defense Authorization Act (DFARS 252.232-7003/252.232.7003 Electronic Submission of Payment Requests 

and Receiving Reports) which requires claims for payment under a Department of Defense Contract to be submitted in electronic form. As of March 

03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation supplement (DFARS) to require use of the iRAPT 

formerly Wide Area Workflow as the only acceptable electronic system for submitting requests for payment (invoices and receiving reports) under 

DOD contracts. For access to the iRAPT formerly WAWF system, please go to the following website: https://wawf.eb.mil/.

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Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Items (MAY 2015) is incorporated in this solicitation by reference. Its full 

text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions 

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

Addendum to 52.212-4:

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

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

Supplies – Fixed Price (AUG 1996). FAR 52.246-2 expands the definition of “Supplies,” to include, but not limit to, raw materials, components, 

intermediate assemblies, end products, and supply lots. FAR 52.246-2 provides a basis for the Government’s right to perform Product Verification 

Testing (PVT), which is a requirement on any resulting contract(s). PVT is addressed in DLAD clause 52.246-9004. Each clause is contained in full 

text elsewhere in the solicitation.

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

 (c) Changes.

 

The Contracting Officer may at any time, by unilateral written order, make changes within 

the general scope of this contract in any one or more of the following:

(i) Method of shipment or packing;

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

 

 (2) If such change causes an increase or decrease in the cost of, or time required for,

 performance for any part of the work under this contract, the Contracting Officer shall make 

 equitable adjustment in the contract price, the delivery schedule, or both, and shall modify 

 the contract.

 

 (3) The Contractor must assert its right to an adjustment under this clause within thirty (30) days 

 from the date of receipt of the written order. However, if the Contracting Officer decides that 

 the facts justify it, the Contracting Officer may receive and act upon a proposal submitted 

 before final payment of the contract.

 

 (4) Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, 

 nothing in this clause shall excuse the Contractor from proceeding with the contract.

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

 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) 

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the 

parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when 

ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. 

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation 

rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for 

the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with 

legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining 

ADR to be inappropriate. 

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

4. Paragraph (m), Termination for Cause.

 Delete paragraph (m) in its entirety and substitute the following:

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

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

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

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

law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by 

the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in 

addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall 

accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs 

shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any 

incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract 

for default, such termination shall be deemed a termination for convenience.

5. Paragraph (o), Warranty: The following clause will supersede FAR 52.212-4(o) referenced in this solicitation.

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

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

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

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

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

“data.”

(b) Contractor’s obligations.

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

any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 6 months 

after receipt of supplies at destination or, in the case of supplies required to bear an expiration date, for the 

expiration date indicated in the labeling thereof, 

(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.

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

45 days after discovery of the defect.

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

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

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

(b)(1) of this clause; or

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

(3)

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

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

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

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

quantity of supplies on which warranty action is proposed;

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

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

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

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

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the 

Contracting 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)

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

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 The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal 

contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, 

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

Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 

423 relating to procurement integrity.

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

 Add the following paragraph:

 (a) Definitions.

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

information required for the conduct of business with the Government.

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

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

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

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

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

unique business entities.

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

may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the 

discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see 

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

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

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

Government Entity (CAGE) code into the SAM database;

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

registration in the SAM database; 

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

the Internal Revenue Service. The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM 

registration process; and

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

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded 

using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --

Negotiation.

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

to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, 

Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating 

to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under 

the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such 

appeals, litigation, or claims are finally resolved.

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

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

ordinary course of business or pursuant to a provision of law.

(b) 

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, 

other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow 

down shall be as required by the clause—

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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer 

further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 

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

subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with 

paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

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

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

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _X___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as 

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

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down 

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

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 

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

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 

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

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

necessary to satisfy its contractual obligations.

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Addendum

The following additional clauses are set forth in full text:

52.211-16 VARIATION IN QUANTITY (APR 1984)

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

loading, shipping, or packing, or allowances in 

manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

 (b) The permissible variation shall be limited to:

 2 percent increase

 2 percent decrease

This increase or decrease shall apply to each line item.

52.216-19 ORDER LIMITATIONS (OCT 1995) – FAR

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

one pallet layer for any item 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 maximum quantity for each item;

(2) Any order for a combination of items in excess of ____N/A__________; or 

(3) A series of orders from the same ordering office within 7 calendar days that together call for quantities exceeding the 

limitation in paragraph (b)(1) or (2) of this section. 

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

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

Contractor if that requirement exceeds the 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 7 days after 

issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon 

receiving this notice, the Government may acquire the supplies or services from another source. 

52.216-22 INDEFINITE QUANTITY (OCT 1995) – FAR

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period 

stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only 

and are not purchased by this contract. 

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

clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified 

in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The 

Government shall order at least the quantity of supplies or services designated in the Schedule as the 

“minimum.” 

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

on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple 

destinations or performance at multiple locations. 

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

completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s 

and Government’s rights and obligations with respect to that order to the same extent as if the order were 

completed during the contract’s effective period; provided, that the Contractor shall not be required to make 

any deliveries under this contract after 120 days after the effective period expires.

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

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

with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at 

source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this 

contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the 

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

occurred.

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

receiving report distributed to the payment office or attached to the CAO copy when contract administration 

(Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a 

copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report 

accompanying the shipment.

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

by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair 

the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies 

or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of 

lading or shipping document] in accordance with all applicable requirements. I further certify that 

the supplies or services are of the quality specified and conform in all respects with the contract 

requirements, including specifications, drawings, preservation, packaging, packing, marking 

requirements, and physical item identification (part number), and are in the quantity shown on 

this or on the attached acceptance document.

Date of Execution: _____________________________

Signature: _____________________________________

Title: _________________________________________

52.246-9004 PRODUCT VERIFICATION TESTING (NOV 2011) – DLAD

(a) The requirements of Federal Acquisition Regulation (FAR) clause 52.246-2, “Inspection of Supplies-Fixed 

Price,” American National Standards Institute (ANSI)/American Society for Quality (ASQ) Z1.4-1993, “Sampling 

Procedures and Tables for Inspection by Attributes,” apply. These documents form the basis for the 

Government’s right to perform product verification testing (PVT) of this product. FAR 52.246-2 is hereby 

incorporated by reference into the contract if not otherwise called out in the purchase document. The current 

version of ANSI/ASQC Z1.4 can be found at http://asq.org. The private sector and non-Department of Defense 

(DOD) agencies may purchase copies of ANSI/ASQC Z1.4 from the American Society for Quality at 

http://asq.org/index.aspx.

(b) The Contractor is responsible for ensuring that supplies are manufactured, produced, and subjected to all 

tests required by applicable material specifications/drawings specified in the purchase description of the 

contract. Notwithstanding any other clause to the contrary, and/or in addition thereto, the Government reserves 

the right to conduct PVT to ascertain if any or all requirements of the purchase identification description 

contained elsewhere herein are met prior to final acceptance.

(c) On any given contract, the Government may require PVT through a Government-designated testing 

laboratory on the contract or production lot at Government expense to verify conformance. When the contract 

is designated by the Procurement Contracting Officer (PCO)/Administrative Contracting Officer (ACO) for PVT, 

the Government Quality Assurance Representative (QAR) will select a random sample, from lots presented by 

the Contractor for Government acceptance, to verify that the entire lot tendered meets the requirements of the 

contract or during production to ensure critical manufacturing processes are in control and send the samples to 

a Government-designated laboratory for testing at the Government’s expense. The PVT samples shall be 

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shipped with a copy of the Department of Defense (DD) Form 250, a DD Form 1222 (as prepared in 

coordination with the QAR) and marked as follows: “Product Verification Test Samples, Contract number 

___________, lot/item number ____________." Upon shipment of the PVT samples, the original unsigned DD 

Form 250, along with a copy of the DD Form 1222, shall be submitted to the PCO. 

Upon notification to the Contractor that PVT is invoked, the Contractor shall not ship any material from the 

sampled lot until the Contractor receives notification of acceptable PVT results. Government reserves the right 

to reject the lot, or withhold payment if the Contractor ships prior to Government approval of the PVT. The 

Government will notify the Contractor of the results of the testing within 15 working days after receipt of the 

samples by the Government.

(d) Samples subjected to PVT are deemed to be part of the contract quantity. Samples destroyed during 

testing will be paid for at the contract price, provided the samples pass PVT. Those samples not destroyed 

during PVT will be returned to the Contractor at the Government's expense and will be included as part of the 

total contract quantity within the limits of the quantity variation clause specified in the contract.

(e) The Contractor will not be paid for those samples destroyed during testing which fail PVT. Such failure will 

result in rejection of the entire contract lot from which the samples were taken. Those samples from a rejected 

lot which were not destroyed during PVT may be returned to the Contractor at the Contractor's request and 

expense.

(f) [This subparagraph pertains only to contracts and bilateral purchase orders.]

(1) The QAR will evaluate the test results and accept or reject the rest of the production lot based on those 

results. At acceptance, the QAR is authorized to notify the Contractor and send copies of the report to the 

Product Verification Program (PVP) Office and the PCO. If the Government fails to act within the period set 

forth herein for notification, the Contracting Officer shall, upon timely written request, equitably adjust, under 

the Changes clause of this contract, the delivery or performance dates and/or the contract price and any other 

contractual terms affected by the delay. The Government is not required to accept/reject the supplies tendered 

until after receipt of the PVT results.

(2) The Government shall have the option to require the Contractor to screen the entire lot tendered for any 

defects noted by the PVT. Any defects found shall be corrected before re-tendering the lot for acceptance by 

the Government. Furthermore, the Government may subject this lot to additional PVT. If the Government 

disapproves the lot tendered for acceptance because of a failure to pass PVT, the Contractor shall be deemed 

to have failed to make delivery within the meaning of the Default clause of this contract. In such case, the 

Government reserves all rights to remedies to which it is otherwise entitled by law, regulation, or this contract.

(g) [This subparagraph pertains only to unilateral purchase orders.]

(1) The QAR will evaluate the test results and accept or reject the rest of the production lot based on those 

results. At acceptance, the QAR is authorized to notify the Contractor and send copies of the report to the PVP 

Office and the PCO. The Government is not required to accept/reject the supplies tendered until after receipt of 

the PVT results.

(2) The Government shall have the option to require the Contractor to screen the entire lot tendered for any 

defects noted by the PVT. Any defects so found shall be corrected before re-tendering the lot for acceptance 

by the Government. Furthermore, the Government may subject this lot to additional PVT. If the Government 

disapproves the lot tendered for acceptance because of a failure to pass the PVT, the Government has the 

right to reject the entire offer, thereby releasing the parties from further obligations under the purchase order.

Alternate III When acquiring Instrument Bearings, use paragraphs (a) and (c) in addition to the basic clause 

and paragraph (b) in lieu of paragraph (c) in the basic clause.

(a) When PVT is a requirement, the Contractor shall notify the PCO and the QAR in writing at least 30 calendar 

days before anticipated completion of manufacture of the contract quantity or first manufacturing lot. This is to 

allow for sufficient time for scheduling and PCO coordination with the Government test facility.

(b) In the event that the Government test activity performs destructive testing on any of the PVT samples, the 

Contractor shall receive the full contract unit price for that sample or samples as long as the testing found that 

sample or samples to be in conformance with technical requirements. PVT samples determined to be 

conforming and not destroyed or degraded in testing shall be returned, by the Government test activity, to the 

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Contractor at Government expense. The Contractor shall examine the returned PVT samples, refurbish as 

necessary, and may include them in the production quantity if found to be unharmed by the PVT.

(c) The PCO may waive the requirement for PVT where supplies being offered are identical to supplies that 

were accepted by the Government within a period of two years prior to the date of current solicitation. Offerors 

offering such products, who wish to rely on such prior acceptance by the Government, must furnish evidence 

with the offer that prior Government acceptance is presently appropriate for the products to be furnished 

hereunder by indicating below the information for identical supplies accepted by the Government. 

Government Agency_______________________________________________

Contract Number _____________________________________________

Date of Contract_________________________________________

NSN______________________Specification/Part Number ___________________

In all cases, the PCO reserves the right to make final waiver determination.

The contract delivery schedule shall be reduced by 30 calendar days (time allotted for submission and approval of PVT sample(s)) if submission of 

PVT sample(s) is waived by the Government.

52.246-9024 ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS - DLA TROOP 

SUPPORT - SUBSISTENCE (NOV 2011)

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

To expedite shipment, the Contractor has the option to perform, or have performed by an independent 

laboratory, contractually-required tests of end items or component material not specified by the U.S. Standards 

of Grade. The inspector for the Government agency having jurisdiction over ascertaining compliance may 

permit shipment, provided all other requirements of the contract are met. The designated Government 

inspector will select random samples of each lot of end items or component material for verification testing until 

the Contractor’s testing system is determined reliable in accordance with paragraph (c) of this clause. It is the 

intent of the Government to rely on Contractor test results to the maximum extent practicable and minimize 

Government verification testing.

(b) Compliance of Product.

Acceptance of material as complying with required characteristics shall be based on the Contractor’s test 

results; provided that Government verification indicates the Contractor’s testing system is reliable, in 

accordance with paragraph (c) of this clause, as to each of the required characteristics. If the Contractor’s test 

system is determined to be unreliable, product compliance will be determined based solely on Government test 

results. In the event the Government detects any irregularities in the Contractor’s testing system, the 

designated Government inspector may withhold approval until Government test results indicate products 

conform to contract requirements. (For Meal, Ready-to-Eat (MRE) items, if Government laboratory test results 

show that product is nonconforming, the product shall be withheld from final assembly and subject to return 

and replacement by the component Contractor, even if previously approved by the Government inspector.)

(c) Reliability Conditions.

(1) To be considered reliable, the Contractor’s testing system shall produce results comparable to the 

Government test results; unless the Government agency having jurisdiction has inspected the item produced at 

the Contractor’s plant within the previous 120 days. Unless otherwise specified in this contract, the 

Government inspector will select samples randomly from the first three lots of end items presented for 

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

selection of samples from not less than one lot in six consecutive lots presented for inspection. The sampling 

procedure under skip-lot places the succeeding lots not chosen for inspection back into the universe available 

for subsequent inspection. (For instance, starting with a group of six lots (i.e., 1-6), one lot is randomly selected 

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for inspection. If lot 4 is selected, the next samples will be selected from lots 5, 6, 7, 8, 9, or 10. If lot 8 is 

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

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

indicate product nonconformance to contract requirements; and (ii) a significant disparity exists between 

Government laboratory results and Contractor test results. When a Contractor’s testing system is determined 

to be unreliable, compliance testing will revert to the Government, and all items shall be inspected by the 

Government prior to shipment.

(3) Contractor’s testing system will be considered doubtful when (i) a significant disparity exists between 

Government laboratory results and Contractor test results; (ii) the Government test results indicate significantly 

poorer quality than the Contractor’s; and (iii) the Government laboratory test results do not indicate product 

nonconformance to a statistically significant degree. When the Contractor’s testing system is considered 

doubtful, verification testing will be performed on each lot produced; however, the Government will continue to 

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

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

Contractor’s and Government’s test results. These determinations shall be accomplished by the DLA Troop 

Support, Directorate of Subsistence, Product Services Office, 700 Robbins Avenue, Philadelphia, 

Pennsylvania 19111-5092.

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

details of the statistical determinations and test results used in reliability studies. Telephonic notification and 

copies of these determinations will be provided to the Government by DLA Troop Support FTRE.

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

(1) Reporting of Contractor’s Results. Test reports for each lot of end item and components shall be submitted 

in the format contained in this clause by the Contractor in an original and one copy to the designated 

Government inspector. The inspector will forward one completed copy to DLA Troop Support FTRE.

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

required by the contract to assure that the Contractor’s testing results are reliable. Verification samples will be 

accompanied by a DD Form 1222, Request for and Results of Tests. The Government laboratory that performs 

the tests will provide copies of the test results to the Government inspector and to DLA Troop Support FTRE. 

The Government laboratory will telephone the results to DLA Troop Support HS (215-737-4259) when testing 

identifies nonconformance. The Government reserves the right to (i) increase the rate or amount of verification 

testing up to and including full lot-by-lot testing, in the event the Contractor does not furnish reliable test results 

or certificates; or (ii) obtain additional data when significant disparities exist between the Contractor’s results 

and the results of the Government laboratory testing. When any element of the Contractor testing system is 

determined unreliable, the Government may consider the testing system as a whole unreliable and return to full 

lot-by-lot verification for every test. Testing by the Government will continue until such time as the Contractor’s 

reliability is again established.

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

component or finished product or both (the quantity of which shall be the next larger available sample size 

required for unit testing and the same sample size required for composite testing) for inspection purposes. 

Unused samples will be returned to the Contractor.

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

inspection during the period that its testing system is considered unreliable. These charges will be processed 

and approved by the Contracting Officer.

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(f) Format for Contractor/subcontractor test report.

Name and Address of Contractor: 

Name and Address of Subcontractor: (if applicable)

Received for Testing: (date) 

Contract Number:

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

Quantity Tested: 

Applicable Specification: 

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

Quantity in Lot: (units)

Testing Completed: (date) 

Test Report

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

composite samples.)

(Typed name and title of laboratory official and signature)

The following certification shall be affixed to the test report when testing was performed on component items 

by supplier’s laboratory or by subcontractor’s laboratory.

Certification

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

representative of the lot, and to the best of my knowledge and belief, have been found to comply with the 

analytical requirements of the specification, contract no. _______________ 

Signature:______________________________

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

The following certification shall be affixed to the test report when testing was performed on component and/or 

end item by Contractor’s laboratory or an independent laboratory.

Certification

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

required by the contract, through the testing of samples that were representative of the lot, and to the best of 

my knowledge and belief, were found to comply with the analytical requirements of the specification and the 

contract. 

Signature: ___________________________________________________________________

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

Distribution:

(Original and one (1) copy to Government inspector, who will forward one (1) copy to DLA Troop Support 

FTRE; and hard copy with each shipment, when DD Form 250 (MIRR) reports are not provided.)

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 

730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes:

(1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense

services, and related technical data, and further defined in the ITAR, 22 CFR Part 120.

(2) “Items,” defined in the EAR as “commodities”, “software”, and “technology,” terms that are also defined in the

EAR, 15 CFR 772.1.

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the 

requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department 

of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions 

relating to compliance with the EAR.

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is 

not established or limited by, the information provided by this clause.

(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, 

and regulations, including but not limited to—

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(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);

(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);

(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);

(4) The Export Administration Regulations (15 CFR Parts 730-774);

(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and

(6) Executive Order 13222, as extended.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.

(End of clause)

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

(a) Definitions. As used in this clauses—

“Apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations 

even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

“Excess food” means food that—

(1) Is not required to meet the needs of the executive agencies; and

(2) Would otherwise be discarded.

“Food-insecure” means inconsistent access to sufficient, safe, and nutritious food.

“Nonprofit organization” means any organization that is—

(1) Described in section 501(c) of the Internal Revenue Code of 1986; and

(2) Exempt from tax under section 501(a) of that Code.

(b) In accordance with the Federal Food Donation Act of 2008 (42 U.S.C. 1792), the Contractor is encouraged, to the maximum extent practicable 

and safe, to donate excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States.

(c) Costs.

(1) The Contractor, including any subcontractors, shall assume the responsibility for all the costs and the logistical support to collect, 

transport, maintain the safety of, or distribute the excess, apparently wholesome food to the nonprofit organization(s) that provides 

assistance to food-insecure people.

(2) The Contractor will not be reimbursed for any costs incurred or associated with the donation of excess foods. Any costs incurred for 

excess food donations are unallowable.

(d) Liability. The Government and the Contractor, including any subcontractors, shall be exempt from civil and criminal liability to the extent 

provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). Nothing in this clause shall be construed to supersede State 

or local health regulations (subsection (f) of 42 U.S.C. 1791).

(e) Flowdown. The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and other similar instruments 

greater than $25,000 with its subcontractors or suppliers, at any tier, who will perform, under this contract, the provision, service, or sale of food in 

the United States.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

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

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

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE/DATE

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252.204-7003

252.204-7012

Control of Government Personnel Work Product (APR 1992) DFARS

Safeguarding Covered Defense Information and Cyber Incident Reporting

(DEC 2015) DFARS

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013)

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

is a State Sponsor of Terrorism (OCT 2015) DFARS

52.211-9010 Shipping Label Requirements—Military Standard (MIL-STD)-129P (APR 2014) DLAD

52.211-9014

52.216-9006

Contractor Retention of Traceability Documentation (AUG 2012) DLAD

Addition/Deletion of Items (AUG 2005) DLAD

52.223-1

52-223-2

52.223-4

52.223-5 

52.223-12

252.225-7002

Biobased Product Certification (May 2012) FAR

Affirmative Procurement of Biobased Products Under Service And

Construction Contracts (SEP 2013) FAR

Recovered Material Certification (MAY 2008) FAR

Pollution Prevention and Right-to-Know Information (MAY 2011) FAR

Refrigeration Equipment and Air Conditioners (May 1995) FAR

Qualifying Country Sources as Subcontractors (DEC 2012) DFARS

52.232-17 Interest (MAY 2014) FAR

52.242-13 Bankruptcy (JUL 1995) FAR

52.242-15

52.246-9003

52.246-9013

52.246-9023

52.246-9025

52.246-9039

52.246-9044

52.246-9045 

Stop Work Order (AUG 1989) FAR

Measuring and Test Equipment (JAN 2014) DLAD

Contractor and Government Samples at Origin (SEP 2007) DLAD

General Inspection Requirements (NOV 2011) DLAD

Re-inspection of Nonconforming Suppliers (NOV 2011) DLAD

Removal of Government Identification from Non-accepted Supplies (NOV 2011) DLAD

Sanitary Conditions (APR 2014) DLAD

Federal Food, Drug and Cosmetic Act (AUG 2008) DLAD

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

52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) 

(FEB 2007) DLAD

STATEMENT OF WORK

INTRODUCTION 

A firm receiving an award under the formula pricing arrangement will be subject to price verification techniques such as market analysis and random 

price and invoice analysis. The fixed distribution prices, and initial unit prices, of the item will be determined to be fair and reasonable. During the 

life of the contract, price analysis will be performed to ensure that prices are fair and reasonable.

Contracting officer may request product samples prior to award. All offerors must provide product samples within 7 days after date of request. 

Failure to do so may result in an unsuccessful offer.

3. Product Brand/Label changes:

The contractors may also propose, in writing to the Contracting Officer at any time, another brand/label of product for any contract item. If 

another brand/label is proposed, the government may request new product samples. If the Government considers the new proposed item an 

improvement, and a better value considering price, it will advise the contractor in writing of its acceptance of the replacement brand/label, and the 

new item will be the contract brand/label evaluated for future delivery orders. An approved brand/label replacement shall not modify any existing 

delivery order(s), unless such delivery order is formally modified. 

Complete delivery instructions will be provided with each delivery order.

Minimum/Maximum Quantities: See clause 52.216-22 – Indefinite Quantity

The minimum to be ordered under each contract shall be equal to 5% of the estimate total dollar value of the contract. The Government is only 

obligated to purchase the contract minimum dollar value, not a minimum quantity for any item or destination. The 

contract maximum will be 150% of the estimated total contract dollar value awarded.

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

the right to conduct physical surveys of the plants which are to be used in the performance of a contract. In the event the 

government is prevented from making such survey by; the offeror or its proposed subcontractor, the offer may be rejected. 

As a part of the pre-award survey, the offeror may be required to obtain from its intended sources of supply, letters 

confirming availability of components, materials machinery and tooling.

C. CONTRACTING AUTHORITY

DLA Troop Support Contracting Officer is the ONLY person authorized to approve changes to, or modify

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

Support Contracting Officer.

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

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

any costs associated with such change.

D. NEGOTIATIONS

For the subject acquisition, the Government intends to award on initial offers but reserves the right to conduct negotiations if determined by the 

Contracting Officer to be necessary. Initial responses to negotiations shall be in a form of communication customary in the industry for transmitting 

information to include phone, facsimile transmission, letter, in-person and e-mail. However, any information provided during negotiations, to include 

all changes to the initial offer, must be reduced to writing and transmitted to the DLA Troop Support Business Opportunities Office by the time and 

date specified at the time of Final Proposal Revisions. Information not submitted to the DLA Troop Support Business Opportunities Office by the 

specified date and time will not be considered by the Government during final evaluations.

Solicitation Provisions

Note: 52.212-1, Instructions to Offerors—Commercial Items (OCT 2015) is incorporated in this solicitation by reference. Its full text may be 

accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and

Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-1:

The following paragraphs of 52.212-1 are amended as indicated below:

 1. Paragraph (b), Submission of Offers.

 a. Delete the 1st sentence and substitute the following:

 Submit signed and dated offers as specified on page 3 of this solicitation at Block 9 on or before the exact due date/local time as specified 

on page 3 at Block 8. [ ] Facsimile offers are NOT authorized for this solicitation. [ X ] Facsimile offers are authorized for this solicitation. 

Facsimile offers that fail to furnish required representations, or information, or that reject any of the terms, conditions and provisions of the 

solicitations, may be excluded from consideration. Facsimile offers must contain the required signatures. The Government reserves the right to 

make award solely on the facsimile offer. However, if requested to do so by the Contracting Officer, the apparently successful offeror agrees to 

promptly submit the complete original signed proposal. The Government will not be responsible for any failure attributable to the transmission or

receipt of the facsimile offer.

 

 b. SUBMISSION REQUIREMENTS: Offerors are required to submit the completed solicitation, the pricing 

proposal and the past performance information. A cover letter may accompany the proposal to set forth any 

information you wish to bring to the attention of the solicitation SPE3S1-16-R-0004 to the Government. The

Non-Price Proposal must be prepared separately and shall not be combined with the Price Proposal.

1.0 Past Performance

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Offerors shall provide a list of contracts, commercial or government, performed within the last two years. Offerors shall provide a point of 

contact address, telephone number, average dollar amount of the contract per annum, period of performance, and a description of the items provided. For 

government contracts, provide the government agency, point of contact, telephone number, contract number, dollar value, period of performance, and a 

sample listing of the items provided. 

Offerors shall list and address how any “problems” or discrepancies (i.e. late deliveries, shortages, overages, damages, defects, mis-shipments, 

etc) experienced in the past two years for the customers reported in response to commercial accounts listed above and for prior Government contracts, were 

handled and remedied. 

NOTE: The Government reserves the right to limit the number of accounts reviewed for verifying past contract performance. Furthermore, we 

reserve the right to contact other contractor accounts, both commercial and Governmental, that are not provided in the proposal for the purpose of 

reviewing past performance.

 2. Paragraph (c), Period for acceptance of offers.

 Change “30 calendar days” to read “180 calendar days”.

 3. Paragraph (d), Product samples: Add the following:

Product samples are not required at time of submission of proposals, however the Government reserves the 

right to request product samples when needed to verify the product’s technical acceptability pertaining to, but 

not limited to, packaging, shelf life and organoleptic quality. All offerors are required to provide, in the 

technical and pricing proposal, the brand/label of all items offered.

When Product Samples are required, they shall be submitted at no expense to the Government. Product 

samples will become the property of the Government and will not be returned to the offeror. Failure to submit 

Product samples when requested may result in rejection of an offer.

If the product is # 10 can, then 4 cans are required as product samples. If the product has a small unit of issue 

such as Capuccino, Instant Vanilla, 5 pgs per box, then one box of 25 is required as sample. The Product 

Samples shall be submitted to:

a. Four Product Samples shall be sent to Natick: 

 Natick 

 RDNS-SEC-F 

 Bldg. 36, Rm E107

 ATTN: Jill M. Bates

 15 Kansas St.

 Natick, MA 01760-5056

b. Four Product Samples shall be sent to:

 DLA Troop Support

 Directorate of Subsistence, Building 6

 ATTN: FTRE, Ramona Hemphill, 6B113 for Sol# SPE3S1-16-R-0004

700 Robbins Ave.

Philadelphia, PA 19111-5092

 4. Paragraph (i), Availability of Requirements Documents Cited in the Solicitation.

 Contact: Ramona Hemphill, Food Technologist, Jennifer Dam, Contract Specialists for the 

 applicable specifications described in the solicitation at:

e-mail: Ramona.Hemphill@dla.mil or telephone: 215-737-2986

e-mail: Jennifer.Dam@dla.mil or telephone: 215-737-7898

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

The Government will award a contract resulting from this solicitation to the responsible offeror(s) whose offer 

conforming to the solicitation will be most advantageous to the Government, technical factors and price considered. 

Factor 1 is more important than factor 2. Subfactors 1.1 and 1.2 are of equal importance. Technical merit will be 

determined by assessment of the following evaluation factors, listed in descending order of importance.

Past Performance

Delivery

Quality history

 Technical factors, when combined, are significantly more important than cost or price. As technical and past performance factors become more 

equal, the evaluated cost or price becomes more important.

Pricing: The Government will evaluate each offeror’s unit prices. Pricing will be evaluated for the estimated quantity. 

The estimated quantities for this acquisition will be multiplied by the offered unit price for each tier. The total price on all 

five tiers of each line item will be used to estimate the aggregate price per line item. The Government may determine that 

an offer is unacceptable if the Tier prices are significantly unbalanced. Offerors are reminded that the quantities stated in 

the Schedule of Supplies represent only the estimated quantities.

Product Samples: When product samples are required, they will be evaluated for product acceptability.

All required submissions must be received from offerors before the time set for closing. Failure to furnish this information by the time specified 

may be cause for rejection if not otherwise acceptable under FAR provisions for considering late offers. 

 (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful 

offeror within the time for acceptance specified in the offer, shall result in a binding contract without further 

action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part 

of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is 

received before award.

 (c) Evaluation Process:

(1) Subsequent to the date specified in the solicitation for receipt of proposals, all timely proposals will undergo an evaluation for the factors above. 

Each evaluation factor will be evaluated separately and then an integrated assessment of the offeror will be made by the contracting officer. The 

contracting officer will make a competitive range determination (CRD) based on these evaluations and submit it to the Source Selection Authority 

(SSA) for approval. Offers so technically deficient as to make them technically unacceptable will be rejected as unacceptable and will not be 

included in the competitive range. If award is not made on the basis of initial proposals, written and/or oral discussions will be conducted with all 

offerors in the competitive range. 

Final Revision Proposals and offers resulting from discussions will undergo further similar evaluations. Finally, a proposal will be selected for award 

by the Source Selection Authority (SSA), as described below. While the SSA’s assessment will strive to determine the overall value of each offeror, 

subjective judgment on the part of the Government evaluators is implicit in the entire process. The Government reserves the right to select a 

successful offeror at other than the lowest price submitted and in accordance with the evaluation factors set forth. Also, the Government reserves the 

right to make award per line item or multiple awards on a single group.

 (d) Selection. Final evaluation reports will be furnished to the contracting officer. The contracting officer will analyze the reports and prepare a 

written source evaluation report and present it to the SSA. Based on the reports and analysis, the SSA will make the decision as to which offeror(s) is 

(are) selected for award. The responsible offeror(s) whose proposal(s) is (are) most advantageous to the Government, as determined by the 

evaluation of proposal(s) according to the evaluation factors established above will be selected for award.

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52.212-2 EVALUATION COMMERCIAL ITEMS (OCT 2014)

 (Continuation)

TECHNICAL PROPOSAL EVALUATION CRITERIA 

1.0 Past Performance

The Government will assess the offeror’s performance record for the past two years, regarding timely delivery, product quality history of 

the offered or similar items, and customer service, and based on that evaluation, will assign each offeror a rating that will reflect the government's 

degree of confidence that the offeror will perform satisfactorily. 

The assessment will be based on the information provided by the offeror in its proposal, Government in house records including PPIRS if 

available, and information obtained from other sources. 

Delivery

The government will evaluate the offeror’s past performance for the past two years as it relates to delivery of each 

offeror‘s own corporate entity and any partners, joint ventures, subcontractors, etc., who will be performing on the 

proposed contract for the offered item or similar item. Based on that evaluation, each offeror will be assigned a rating that 

will reflect the government’s degree of confidence that the offeror will perform satisfactorily. The government will 

evaluate the offeror’s record of past performance as reflected in its performance of previous government and commercial 

contracts, and the contractor’s reliability in providing delivery of product that conforms to the solicitation.

The government will consider all relevant facts and circumstances, and therefore, encourages offeror to divulge and 

explain in their proposal any unfavorable delivery instances that occurred for the past two years.

1.2 Quality History

The government will evaluate the offeror’s record of past performance as reflected in its performance of previous government and 

commercial contracts, and the contractor’s reliability in providing product that conforms to the solicitation requirements. Based on that evaluation, 

each offeror will be assigned a rating that will reflect the government’s degree of confidence that the offeror has the ability to produce an acceptable 

quality product that meet the specification requirements.

This assessment will be based on information provided by the offeror in its proposal, information 

contained in records maintained by the government and possibly by investigation of the contractor’s record of 

performing commercial contracts. The government will consider all relevant facts and circumstances, and 

therefore, encourages offerors to divulge and explain in their proposal any unfavorable quality instance that 

occurred for the past two years.

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52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

 ITEMS (APR 2016) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification 

electronically via the System for Award Management (SAM) website accessed through https://www.acquisition.gov. If the Offeror has not 

completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision —

“Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly 

and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens 

of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned 

small business eligible under the WOSB Program.

“Forced or indentured child labor “ means all work or service --

 (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer 

himself voluntarily; or

 (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that 

control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. 

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, 

one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, 

and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6U.S.C. 

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials 

into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the 

place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oilrelated activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. 

L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan 

Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly 

exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian

organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically —

 (i) To restrict the free flow of unbiased information in Iran; or

 (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

 (2) Does not include information or informational materials the export of which the President does not have the authority 

to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency

 Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business

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concern”—

 (1) Means a small business concern—

 (i)Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the 

 case of any publicly owned business, not less than 51 percent of the stock of which is owned by one

 or more service-disabled veterans; and

 (ii) The management and daily business operations of which are controlled by one or more service-

 disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, 

 the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is 

service connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation 

in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this 

solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the 

acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

 (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically 

 disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

 (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after 

 taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

 (2) The management and daily business operations of which are controlled (as defined at 13.CFR 

 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. “Subsidiary” means an entity in which 

more than 50 percent of the entity is owned—

 (1) Directly by a parent corporation; or

 (2) Through another subsidiary of a parent corporation.

“Veteran-Owned Small Business Concern” means a small business concern—

 (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2))

 or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by 

 one or more veterans; and

 (2) The management and daily business operations of which are controlled by one or more veterans.

“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. 

“Women-Owned Business Concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly 

owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled 

by one or more women “Women-Owned Small Business Concern” means a small business concern--

 (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock 

of which is owned by one or more women; and

 (2) Whose management and daily business operations are controlled by one or more women.

“Women-Owned Small Business (WOSB) Concern eligible under the WOSB Program”

(in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the 

management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

 (b) 

 (1)Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b) (2) of this provision do not automatically 

change the representations and certifications posted on the SAM website.

 (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through 

https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the 

representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, 

have been entered or updated in the last 12 months, are current, accurate, complete and applicable to this solicitation (including the business size 

standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see 

FAR 4.1201), except for paragraphs _________________________.

 [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the 

purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in 

this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are 

applicable to this solicitation only, and do not result in an update to the representations and certifications posted on 

SAM.]

 (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. 

Check all that apply.

 (1) Small Business Concern.

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 The offeror represents as part of its offer that it is, is not, a small business concern.

 (2) Veteran-Owned Small Business Concern.

 [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

 The offeror represents as part of its offer that it is, is not, a veteran-owned small business concern.

 (3) Service-Disabled Veteran-Owned Small Business Concern.

 [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.]

 The offeror represents as part of its offer that it is, is not, a service-disabled veteran-owned small business concern.

 (4) Small Disadvantaged Business Concern.

 [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this 

provision.] The offeror represents, for general statistical purposes, that it is, is not, a small disadvantaged business concern as defined in 13 

CFR 124.1002.

 (5) Women-Owned Small Business Concern.

 [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this 

provision.] The offeror represents that it is, is not, a women-owned small business concern.

 (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business 

concern in paragraph (c)(5) of this provision.]

 

The offeror represents that—

 (i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB 

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

 (ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph 

(c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall 

enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint 

venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy 

of the WOSB representation.

 (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a 

WOSB concern eligible under the WOSB Program in (c)(6) of this provision.]

 The offeror represents that—

 (i) It is, is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in 

circumstances or adverse decisions have been issued that affects its eligibility; and

 (ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph 

(c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the 

EDWOSB concern and other small businesses that are participating in the joint venture: _____________. ] Each EDWOSB concern participating in 

the joint venture shall submit a separate signed copy of the EDWOSB representation.

NOTE: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

 (8) Women-Owned Business Concern (other than small business concern).

 [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph 

(c)(1) of this provision.]

 The offeror represents that it is a women-owned business concern.

 (9) Tie Bid Priority for Labor Surplus Area Concerns.

 If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of 

manufacturing or production (by offeror or firsttier subcontractors) amount to more than 50 percent of the contract price: ______________

_______________________________________________________________________________.

 (10) HUBZone Small Business Concern.

 [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

 The offeror represents as part of its offer that--

 (i) It is, is not, a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone 

Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or 

HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

 (ii) It is, is not, a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph 

(c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the HUBZone joint venture. 

[The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: 

_____________________________________________

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_______________________________________________________________________________.]

Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. 

 (11) (Complete if the offerof has represented itself as disadvantaged in paragraph (c)(4) of this provision)

 Black American.

 Hispanic American.

 Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

 Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, 

Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of 

Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

 Subcontinent Asia (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives 

Islands, or Nepal.

 Individual/concern, other than one of the preceding. 

 (d) Representations required to implement provisions of Executive Order 11246--

 (1) Previous Contracts and Compliance.

 The offeror represents that--

 (i) It has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; 

and

 (ii) It has, has not, filed all required compliance reports.

 (2) Affirmative Action Compliance.

 The offeror represents that--

 (i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action 

programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

 (ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the 

Secretary of Labor.

 (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

 (Applies only if the contract is expected to exceed $150,000.)

 By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or 

will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or 

employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any 

registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror 

shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The 

offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

 (f) Buy American Statute Certificate.

 (The certificate in DFARS 252.225-7000 shall be completed when it is provided as an Attachment to 52.212-3.)

 (g) Buy American --Free Trade Agreements--Israeli Trade Act Certificate.

 (The certificate in DFARS 252.225-7020 or 7035 shall be completed when it is provided as an Attachment to 52.212-3.)

 (h) Certification Regarding Responsibility Matters (Executive Order 12689).

 (Applies only if the contract value is expected to exceed the simplified acquisition 

threshold.)

The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its 

principals-- (1) Are, are not, presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any 

Federal agency;

 (2) Have, have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them 

for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government 

contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, 

forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen 

property;

 (3) Are, are not, presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any 

of these offenses enumerated in paragraph (h)(2) of this clause; and

 (4) Have, have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that 

exceeds $3,500 for which the liability remains unsatisfied.

 (i) Taxes are considered delinquent if both of the following criteria apply:

 (A) The tax liability is finally determined.

 The tax liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending 

administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal 

rights have been exhausted.

 (B) The taxpayer is delinquent in making payment.

 The taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer 

is not delinquent in cases where enforced collection action is precluded.

 (ii) Examples.

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 (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitled the taxpayer to seek Tax Court 

review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, 

this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

 (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice 

under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the 

Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability 

because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the 

taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

 (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and 

is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

 (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed 

under 11 U.S.C. §362 (the Bankruptcy Code).

 (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

 (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of 

Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).)

 (1) Listed End Products.

 Listed End Product Listed Countries of Origin

 ________________ ____________________

 ________________ ____________________

 ________________ ____________________

 ________________ ____________________

 ________________ ____________________

 (2) Certification.

 (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the Offeror must 

certify to either (i)(2)(i) or (i)(2)(ii) by 

checking the appropriate block.)

 (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in 

the corresponding country as listed for that product.

 (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the 

corresponding country as listed for that product. The Offeror certifies that it has made a good faith effort to determine whether forced or indentured 

child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the Offeror 

certifies that it is not aware of any such use of child labor.

 (j) Place of Manufacture.

 (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.)

 For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to 

this solicitation is predominantly—

 (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the 

total anticipated price of offered end products manufactured outside the United States); or 

 (2) Outside the United States.

 (k) Certificates Regarding Exemptions from the Application of the Service Contract Act.

 (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its 

subcontractor if it subcontracts out the exempt services.)

 [The contracting officer is to check a box to indicate if paragraph (k)(l) or (k)(2) applies.]

 (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1).

 The offeror does does not certify that—

 (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or 

traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal 

business operations;

 (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-

4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

 (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same 

as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

 (2) Certain services as described in FAR 22.1003-4(d)(1).

 The offeror does does not certify that—

 (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or 

subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

 (ii) the contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-

4(d)(2)(iii));

 (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a 

monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract 

period if the contract period is less than a month) servicing the Government contract; and

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 (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as 

that used for these employees and equivalent employees servicing commercial customers.

 (3) If paragraph (k)(l) or (k)(2) of this clause applies—

 (i) If the offeror does not certify to the conditions in paragraph (k)(l) or (k)(2) and the Contracting Officer did not attach a Service 

contract Act wage determination to the solicitation, 

the offeror shall notify the Contracting Officer as soon as possible; and

 (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(l) or 

(k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

 (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701).

 (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

 (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection 

requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued 

by the Internal Revenue Service (IRS).

 (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the 

Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN 

provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

 (3) Taxpayer Identification Number (TIN).

 TIN: __________________________

 TIN has been applied for.

 TIN is not required because: _________________________________________

 Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the 

conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

 Offeror is an agency or instrumentality of a foreign government;

 Offeror is an agency or instrumentality of the Federal government.

 (4) Type of Organization.

 Sole proprietorship;

 Partnership;

 Corporate entity (not tax-exempt);

 Corporate entity (tax-exempt);

 Government entity (Federal, State, or local);

 Foreign government;

 International organization per 26 CFR 1.6049-4;

 Other: __________________________________________________________.

 (5) Common Parent.

 Offeror is not owned or controlled by a common parent;

 Name and TIN of common parent:

 Name _________________________________________________________

 TIN __________________________________________________________

 (m) Restricted Business Operations in Sudan.

 By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

 (n) Prohibition on Contracting with Inverted Domestic Corporations.

 (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted 

domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.10802(b) applies or the requirement is waived in 

accordance with the procedures at 9.108-4.

 (2) Representation. The offeror represents that—

 (i) It is, is not an inverted domestic corporation; and

 (ii) It is, is not a subsidiary of an inverted domestic corporation.

 (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

 (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

 (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by 

submission of its offer, the offeror –

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government 

of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government or Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which 

sanctions may be imposed under section 5 of the Iran Sanctions Act; and,

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction 

that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which 

are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals 

and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf) .

 (3) The representation and certification requirements of paragraph (o)(2) of this provision does not apply if—

 (i)This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and

 (ii) The offeror has certified that all the offered products to be supplied are designated country end products.

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 (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a 

DUNS Number in the solicitation).

 (1) The Offeror represents that it ❏ has or ❏ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a 

joint venture), then the Offeror

shall respond to paragraph (2) and if applicable, paragraph (3)of this provision for each participant in the joint venture. 

 (2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:

 Immediate owner CAGE code:____________________________________________________

 Immediate owner legal name: _____________________________________________________

 (Do not use a “doing business as” name)

 Is the immediate owner owned or controlled by another entity: ❏ Yes or ❏ No.

 (3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another 

entity then enter the following information:

 Highest-level owner CAGE code:_______________________________________________

 Highest-level owner legal name:________________________________________________

 (Do not use a “doing business as” name)

 (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any 

corporation that—

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been

exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible 

for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has considered 

suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect 

the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding 

agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a 

determination that this action is not necessary to protect the interests of the Government.

 (2) The Offeror represents that--

(i) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and 

administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an 

agreement with the authority responsible for collecting the tax liability; and 

(ii) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24

months. 

 (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code 

Reporting.)

 (1) The Offeror represents that it is or is not a successor to a predecessor that held a Federal contract or grant within the last three years. 

 (2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal 

contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): 

 Predecessor CAGE code: __________ (or mark “Unknown”)

 Predecessor legal name: _____________________________

 (Do not use a “doing business as” name)

(End of provision)

Addendum

The following additional provisions are set forth in full text:

52.215-9003 Use of Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR) 

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 Information in Past Performance Evaluation (APR 2014)

 (a) General. 

 (1) Past performance is an indicator of a Contractor’s ability to perform satisfactorily on future awards. 

 (2) When used in best value source selections, past performance information will be evaluated based upon the currency and relevancy of past 

performance information in order to reach a confidence assessment for each offeror from which offers were received. 

 (3) The Defense Logistics Agency (DLA) will evaluate offerors’ past performance, which may include, but is not limited to, their record of 

conforming to specifications, conformance to the standards of good workmanship, adherence to contract schedules, and commitment to customer 

satisfaction. 

 (b) Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR), authorized by the Department of Defense for use by 

participating activities during the acquisition of supplies and services may, be used in evaluating contractor past performance.

 (c) PPIRS-SR classifications are established for each supplier and can be reviewed at http://www.ppirs.gov/. Contractors are granted access to 

PPIRS-SR for their own classifications. Offerors are encouraged to review their own classifications as well as the PPIRS-SR reporting procedures 

and rating methodology detailed in the PPIRS-SR procedures manual and the PPIRS-SR user guide available at http://www.ppirs.gov. 

 (1) PPIRS-SR classifications. Specific information as to how PPIRS-SR determines delivery and quality classifications can be found in the 

PPIRS Reference Material, specifically the “PPIRS-SR Evaluation Criteria” document on the PPIRS-SR Website at 

http://www.ppirs.gov/ppirsfiles/reference.htm. 

 (2) Classifications are calculated based upon three years of data.

 (3) Data sources for PPIRS-SR information can be found in the PPIRS Reference Material, “PPIRS-SR Evaluation Criteria” document on the 

PPIRS-SR Website at http://www.ppirs.gov/ppirsfiles/reference.htm. 

 (4) PPIRS-SR will make negative quality and delivery data reflected in the PPIRS-SR Classification available to contractors for review and 

challenge. This is accomplished within the PPIRS-SR system.

 (d) The following procedures will be followed when the Contracting Officer evaluates PPIRS-SR classifications: 

 (1) The Contracting Officer may consider the volume of business on which the classification is based as a measure of confidence in the 

classification as an indication of performance risk.

 (2) Specifics as to how PPIRS-SR calculations are affected when there is no delivery or quality information provided by the source data bases 

can be found in the PPIRS Reference Material, specifically the “PPIRS-SR Evaluation Criteria” document on the PPIRS-SR Website at 

http://www.ppirs.gov/ppirsfiles/reference.htm. 

 (3) In the case of a Contractor without a record of relevant past performance or for whom information on past performance is not available in 

the PPIRS-SR, the Contractor will be evaluated neither favorably nor unfavorably on past performance. 

 (4) Contractor-caused discrepancies or delinquencies will be reflected in a contractor's past performance assessment. Repair, replacement or 

reimbursement of quality and packaging defects will not provide relief of negative DLA performance data. Contractor-caused delivery extensions, 

regardless of consideration paid, will be reflected in the delivery classification for contracts issued by DLA. 

 (e) The Contracting Officer may collect and analyze other relevant information in addition to any past performance information derived from 

PPIRS-SR. 

(End of Provision)

52.215-9023 REVERSE AUCTION (OCT 2013) – DLAD

The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price discussions 

under this solicitation. If the Contracting Officer does not conduct a reverse auction, award may be made on 

the basis of initial offers or following discussions not using reverse auctioning as a pricing technique. If the 

Contracting Officer decides to use on-line reverse auctioning to conduct price negotiations, the Contracting 

Officer will notify Offerors of this decision and the following provisions will apply: 

(a) The award decision will be made in accordance with the evaluation factors as set forth in the solicitation. 

The reverse on-line auction will be used as a pricing technique during discussions to establish the final offered 

prices from each Offeror. These prices will be used in conjunction with the evaluation factors stated elsewhere 

in the solicitation in order to make the award decision in accordance with the basis for award stated in the 

solicitation. 

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(b) Following the decision to conduct discussions using reverse auctioning as a pricing technique, the 

Contracting Officer or his/her representative will provide Offerors determined to be in the competitive range 

with information concerning the auction process. 

(c) Prior to conducting the reverse auction, the Contracting Officer may hold discussions with the Offerors 

concerning matters appropriate for discussion, such as issues involving technical proposals or unbalanced 

pricing. 

(d) Unless auction instructions indicate that only Offeror’s rankings will be displayed, the lowest Offeror’s 

price(s) for each round of the reverse auction will be disclosed to other Offerors and anyone else having 

authorized access to the auction. This disclosure is anonymous, meaning that each Offeror’s identity will be 

concealed from other Offerors (although it will be known to the Government; only a generic identifier will be 

used for each Offeror’s proposed pricing, such as “Offeror 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.

(e) An Offeror’s final auction price at the close of the reverse auction will be 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. 

(f) The following requirements apply when the Government uses a commercial web-based product to conduct 

the reverse auction: 

(1) Each Offeror identified by the Contracting Officer as a participant in the reverse auction will be contacted by 

Defense Logistic Agency’s commercial reverse auction service provider to advise the Offeror of the event and 

to provide an explanation of the process. 

(2) In order for an Offeror to participate in the reverse auction, such Offeror must agree with terms and 

conditions of the entire solicitation, including this provision, and agree to the commercial reverse auction 

service provider’s terms and conditions for using its service. Information concerning the reverse auction 

process and the commercial service provider’s terms and conditions is embedded within the email notification 

sent by the on-line reverse auction pricing tool system administrator. 

(3) Offerors shall secure the passwords and other confidential materials provided by the commercial reverse 

auction service provider or the Government and ensure they are used only for purposes of participation in the 

reverse auction. Offerors shall keep their own and other Offeror’s pricing in confidence until after contract 

award. 

(4) The reverse auction system currently in use 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." Offerors shall not submit a tie offer, since this is inconsistent with 

the purpose of the reverse auction. If a tie offer is submitted and no evaluation factors other than price were 

identified in the solicitation, the "Not Lead” Offeror that submitted the tie offer must offer a changed price; 

otherwise its offer will be ineligible for award if their final price in the auction is the tie offer price. If evaluation 

factors in addition to price were listed in the solicitation, tie offers that are "Not Lead" will be considered and 

evaluated in accordance with those evaluation factors.

(5) Any Offerors unable to enter pricing through the commercial reverse auction service provider’s system 

during a reverse auction must notify the Contracting Officer or designated representative immediately. The 

Contracting Officer may, at his/her 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) The reverse auction will be conducted using the commercial reverse auction service provider’s website as 

embedded in the email notification. Offerors shall be responsible for providing their own computer and internet 

connection. 

(7) Training: 

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(i) The commercial reverse auction service provider and/or a Government representative will provide 

familiarization training to Offerors’ employees; this training may be provided through written material, the 

commercial reverse auction service provider’s website, and/or other means. 

(ii) An employee of an Offeror who successfully completes the training shall be designated as a “Trained 

Offeror.” Only Trained Offerors may participate in a reverse auction. The Contracting Officer reserves the right 

to request that Offerors provide an alternate Offeror employee to become a Trained Offeror. The Contracting 

Officer also reserves the right to take away the Trained Offeror’s designation from any Trained Offeror who 

fails to abide by the solicitation’s or commercial reverse auction service provider’s terms and conditions. 

52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE 

 RESOLUTION (NOV 2011)

 (a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the 

parties will use alternative dispute resolution (ADR) 

techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the 

party rejecting ADR to be inappropriate for resolving the dispute.

 (b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. 

The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, 

for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the

ADR Specialist and with legal counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include 

the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

 (c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be 

completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the 

provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may 

be accessed electronically at this/these address(es):

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

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

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

The following additional provisions are incorporated by reference:

PROVISION NUMBER TITLE/DATE

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (DEC 2015)

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

Transactions Relating to Iran - Representation and Certification (OCT 2015)

52.233-9000 Agency Protests (NOV 2011)

The Contractor shall comply with any clause that is checked on the following list which, if checked, is included in this contract by 

reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

1. X FAR 52.203-3, Gratuities (APR 1984)

2. X DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

3. X DFARS 252.203-7003, Agency Office of the Inspector General (DEC 2012)

4. _____ DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials

 (NOV 2011)

5. _____ DFARS 252.204-7011, Alternative Line Item Structure (SEP 2011)

6. X DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting 

 (DEC 2015)

7. _____ DFARS 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support 

 Solicitation Offerors (FEB 2014)

8. _____ DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support 

 Contractors (FEB 2014)

9. _____ DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors (FEB 2014)

10. _____ DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991)

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11. _____ DFARS 252.211-7003, Item Unique Identification and Valuation (DEC 2013)

12. X DFARS 252.211-7006, Passive Radio Frequency Identification (SEP 2011)

13. _____ DFARS 252.211-7007, Reporting of Government-Furnished Property (AUG 2012)

14. _____ DFARS 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or

 Pricing Data—Canadian Commercial Corporation (JUL 2012)

15. _____ DFARS 252.215-7004, Requirement for Submission of Data other Than Certified Cost or Pricing 

 Data—Modifications—Canadian Commercial Corporation (OCT 2013)

16. _____ DFARS 252.215-7007, Notice of Intent to Resolicit (JUN 2012)

17. _____ DFARS 252.215-7008, Only One Offer (OCT 2013)

18. DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2014)

19. _____ DFARS 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2014)

20. _____ DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)

21. _____ DFARS 252.225-7000, Buy American—Balance of Payments Program Certificate (NOV 2014)

a. _____Alternate I (NOV 2014) of 52.225-7000

22. X DFARS 252.225-7001, Buy American and Balance of Payments Program (NOV 2014)

a. _____Alternate I (NOV 2014) of 252.225-7001

23. _____ DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013)

24. _____ DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals 

 (OCT 2014)

25. _____ DFARS 252.225-7010, Commercial Derivative Military Article—Specialty Metals Compliance 

 Certificate (JUL 2009)

26. X DFARS 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013)

27. _____ DFARS 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005)

28. _____ DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)

29. _____ DFARS 252.225-7017, Photovoltaic Devices (OCT 2015)

30. _____ DFARS 252.225-7018, Photovoltaic Devices—Certificate (OCT 2015)

31. _____ DFARS 252.225-7020, Trade Agreements Certificate (NOV 2014)

a. _____Alternate I (NOV 2014) of 252.225-7020

32. X DFARS 252.225-7021, Trade Agreements (OCT 2015)

a. _____Alternate II (OCT 2015) of 252.225-7021

33. _____ DFARS 252.225-7023, Preference for Products or Services from Afghanistan (SEP 2013)

34. _____ DFARS 252.225-7024, Requirement for Products or Services from Afghanistan (SEP 2013)

35. _____ DFARS 252.225-7026, Acquisition Restricted to Products or Services from Afghanistan (SEP 2013)

36. _____ DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)

37. _____ DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003)

38. _____ DFARS 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National 

 Police (SEP 2013)

39. _____ DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)

40. _____ DFARS 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program 

 Certificate (NOV 2014)

a. _____Alternate I (NOV 2014) of 252.225-7035

b. _____Alternate II (NOV 2014) of 252.225-7035

c. _____Alternate III (NOV 2014) of 252.225-7035

d. _____Alternate IV(NOV 2014) of 252.225-7035

e. _____Alternate V (NOV 2014) of 252.225-7035

41. X DFARS 252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program 

 (NOV 2014)

a. _____Alternate I (NOV 2014) of 252.225-7036

b. _____Alternate II (NOV 2014) of 252.225-7036

c. _____Alternate III (NOV 2014) of 252.225-7036

d. _____Alternate IV (NOV 2014) of 252.225-7036

e. _____Alternate V (NOV 2014) of 252.225-7036

42. _____ DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the 

 United States (AUG 2015)

43. _____ DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the 

 United States (JUN 2015)

44. X DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, 

 and Native Hawaiian Small Business Concerns (SEP 2004)

45. X DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

46. X DFARS 252.227-7015, Technical Data -- Commercial Items (FEB 2014)

47. X DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013),

48. X DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 

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 (JUN 2012)

49. _____ DFARS 252.232-7009, Mandatory Payment by Government wide Commercial Purchase Card

 (DEC 2006)

50. X DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)

51. _____ DFARS 252.232-7011, Payments in Support of Emergencies and Contingency Operations 

 (MAY 2013)

52. _____ DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel 

 (JUN 2013)

53. X DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

54. _____ DFARS 252.239-7017, Notice of Supply Chain Risk (NOV 2013)

55. _____ DFARS 252.239-7018, Supply Chain Risk (OCT 2015)

56. X DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012) 

57. _____ DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013)

58. _____ DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013)

59. _____ DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military

 Operations (OCT 2010) 

60. X DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer 

 (JUN 2013) 

61. _____ DFARS 252.247-7022, Representation of Extent of Transportation by Sea (AUG 1992)

62. X DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014).

a. _____ Alternate I (APR 2014) of 252.247-7023.

b. _____Alternate II (APR 2014) of 252.247-7023

63. X DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) 

64. _____ DFARS 252.247-7025, Reflagging or Repair Work (JUN 2005)

65. _____ DFARS 252.247-7026, Evaluation Preference for Use of Domestic Shipyards –

 Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or 

 Noncontiguous Trade (NOV 2008)

66. _____ DFARS 252.247-7027, Riding Gang Member Requirements (OCT 2011) 

67. _____ DFARS 252.247-7028, Application for U.S Government Shipping Documentation/Instructions 

 (JUN 2012)

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or 

Executive Orders-Commercial Items, the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for 

commercial items or commercial components, awarded at any tier under this contract:

1. DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

2. DFARS 252.227-7015, Technical Data – Commercial Items (FEB 2014)

3. DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013)

4. DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

5. DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

6. DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

 (JUN 2013)

7. DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014)

8. DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

CLAUSES ADDED TO PART 12 BY ADDENDUM

 

52.202-01 DEFINITIONS (NOV 2013) FAR

 

52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

 

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR

 

52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014) FAR

 

52.203-08 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 (OCT 2010) FAR

 

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252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

 

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES 

(DEC 2008) DFARS

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

 

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

 

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, 

SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2015) FAR

 

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

TERRORIST COUNTRY (OCT 2015) DFARS

 

52.215-08 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR

 

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (FEB 2016) FAR

 

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

 

52.222-26 EQUAL OPPORTUNITY (APR 2015) FAR

 

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) FAR

 

52.222-50 COMBATTING TRAFFICKING IN PERSONS (MAR 2015) FAR

 

52.226-06 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAR 2009) FAR

(a) Definitions. As used in this clause—

“Apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local laws and 

regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other

conditions. 

“Excess food” means food that—

(1) Is not required to meet the needs of the executive agencies; and 

(2) Would otherwise be discarded. 

“Food-insecure” means inconsistent access to sufficient, safe, and nutritious food. 

“Nonprofit organization” means any organization that is—

(1) Described in section 501(c) of the Internal Revenue Code of 1986; and 

(2) Exempt from tax under section 501(a) of that Code. 

(b) In accordance with the Federal Food Donation Act of 2008 (Pub. L. 110-247), the Contractor is encouraged, to the maximum extent 

practicable and safe, to donate excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure 

people in the United States. 

(c) Costs. 

(1) The Contractor, including any subcontractors, shall assume the responsibility for all the costs and the logistical support to collect, 

transport, maintain the safety of, or distribute the excess, apparently wholesome food to the nonprofit organization(s) that provides 

assistance to food-insecure people. 

(2) The Contractor will not be reimbursed for any costs incurred or associated with the donation of excess foods. Any costs incurred for 

excess food donations are unallowable. 

(d) Liability. The Government and the Contractor, including any subcontractors, shall be exempt from civil and criminal liability to the 

extent provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). Nothing in this clause shall be construed 

to supersede State or local health regulations (subsection (f) of 42 U.S.C. 1791). 

(e) Flowdown. The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and other similar 

instruments greater than $25,000 with its subcontractors or suppliers, at any tier, who will perform, under this contract, the provision, 

service, or sale of food in the United States. 

(End of clause)

52.232-17 INTEREST (MAY 2014) FAR

 

52.232-25 PROMPT PAYMENT (JUL 2013) FAR

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252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

 

52.233-03 PROTEST AFTER AWARD (AUG 1996) FAR

 

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR

 

52.242-13 BANKRUPTCY (JUL 1995) FAR

 

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

****

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

threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to cer tify the request on 

behalf of the Contractor:

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

knowledge and belief.

_____________________________________________

(Official’s Name)

_____________________________________________ 

(Title)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2015) FAR

 

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS

 

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD

 

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015) DFARS

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations 

(EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term 

includes:

(1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense 

services, and related technical data, and further defined in the ITAR, 22 CFR Part 120.

(2) “Items,” defined in the EAR as “commodities”, “software”, and “technology,” terms that are also defined in the 

EAR, 15 CFR 772.1.

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not 

limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor 

shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with 

the Department of Commerce regarding any questions relating to compliance with the EAR.

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists 

independent of, and is not established or limited by, the information provided by this clause.

(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal 

laws, Executive orders, and regulations, including but not limited to—

(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);

(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);

(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);

(4) The Export Administration Regulations (15 CFR Parts 730-774); 

(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and

(6) Executive Order 13222, as extended.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.

(End of clause)

Part 12 Provisions

PROVISIONS ADDED TO PART 12 BY ADDENDUM

 

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS

 

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52.211-9011 DELIVERY TERMS AND EVALUATION (APR 2014) DLAD

 

52.233-9000 AGENCY PROTESTS (NOV 2011) DLAD

 

52.233-02 SERVICE OF PROTEST (SEP 2006) FAR

(a) Protests, as defined in section 31.101 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)

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