SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000097068

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-20-R-0007

5. SOLICITATION NUMBER

2020 JUL 23

6. SOLICITATION ISSUE 

 DATE

Jennifer Dam PSPTRA3

a. NAME

Phone: 215-737-7898

b. TELEPHONE NUMBER (No Collect

 calls)

2020 AUG 24

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: 311423

750 SIZE STANDARD:

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

12. DISCOUNT TERMS 

 

13a. THIS CONTRACT IS A 

RATED ORDER UNDER 

DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

See Schedule

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

 

DATED . YOUR OFFER ON SOLICITATION 

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION 

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

PAGE 1 OF 78
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)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 78 PAGES

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SPE3S1-20-R-0007

SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

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

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

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

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

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

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

 

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

 

 

Table of Contents 

 

Page 

6 Continuation of Blocks from the Standard Form 1449 

6 Block 8, Offer Due Date/Local Time 

6 Block 9, Issue By 

7 Block 17a, Contractor/Offeror 

8 Block 17b, Remittance Address 

8 Block 19 - 22, Item No., Schedule of supplies/Services, Quantity, Unit 

10 Statement of Work & Introduction 

11 Technical/Quality Data 

11 Product Demonstration Models (PDM) Information 

15 Item Descriptions and Specification Data 

 

Contract Clauses 

 

25 52.212-4 Contract Terms and Conditions - Commercial Items (by reference, see SF 1449, Block 27a) 

25 Addendum to 52.212-4 

28 52.212-5 Contract Terms and Conditions Required to Implement 

 Statutes or Executive Orders - Commercial Items 

34 Addendum to 52.212-5 containing Supplementary Clauses in Full Text and by Reference 

42 52.211-16 Variation in Quantity 

42 52.216-19 Order Limitations 

42 52.216-22 Indefinite Quantity 

48 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations 

50 52.252-2 Clauses Incorporated by Reference 

Solicitation Provisions 

50 52.212-1 Instructions to Offerors - Commercial Items, (by reference) 

50 Addendum to 52.212-1 

14 52.212-2 Evaluation - Commercial Items 

52 52.212-3 Offeror Representations and Certifications - Commercial Items, Alternate I 

66 52.215-6 Place of Performance 

67 52.216-1 Type of Contract 

68 52.252-1 Solicitation Provisions Incorporated by Reference 

68 52.225-25 Prohibition on Contracting With Entities Engaging in Certain 
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SPE3S1-20-R-0007

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

 Activities or Transactions Relating to Iran - Representation and Certification 

Procurement Notes 

43 Economic Price Adjustment (EPA) - UGR 

68 L06 - Agency Protests 

68 L09 - Reverse Auction 

 

72 Appendix A - Letter of Instruction 1 

78 Appendix B - Letter of Instruction 2 

 

 

 

CAUTION NOTICES 

 

RapidGate 

 

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

contract implementation period, the Contractor must contact all customer locations to determine whether enrollment in 

RapidGate or another security program is required for access to each location. If RapidGate or other security enrollment is 

required, the contractor must take all necessary steps to obtain this in time for the start of performance under this contract. 

Failure to have RapidGate clearance may result in a vendor being turned away from the base and being unable to complete 

delivery. The contractor is responsible for the additional cost for RapidGate enrollment and must ensure that a RapidGate 

enrolled driver is available for all deliveries. We currently estimate that RapidGate enrollment will cost about $250 per 

company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security 

enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If more than one driver is required, 

RapidGate enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not 

already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment in 

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

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

will be able to deliver as required. For additional information regarding RapidGate, including enrollment instructions, please 

visit their website at www.rapidgate.com. 

 

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

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

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

 

 

CAUTION NOTICE - 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). 
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SPE3S1-20-R-0007

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

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

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

exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with 

the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, 

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

3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business 

ethics and conduct to the contracting officer upon request by the contracting officer. 

 

 

WIDE AREA WORKFLOW 

 

ALL SUPPLIERS ARE REQUIRED TO PROCESS INVOICES ELECTRONICALLY THROUGH WIDE AREA 

WORKFLOW (WAWF). WAWF a secure web based system for electronic invoicing, receipt, acceptance, and property 

transfer. WAWF allows government vendors to submit and 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. WAWF is in accordance with the 2001 

National Defense Authorization Act (DFARS 252.232-7003/252.232.7003 Electronic Submission of Payment Requests and 

Receiving Reports) which requires claims for payment under a Department of Defense Contract to be submitted in electronic 

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

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

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

website: https://wawf.eb.mil. 

 

 

 

 NOTICE TO OUR VALUED SUPPLIERS 

 

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

 

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

dam@dla.mil, 

 

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

 

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

 

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

 

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

 

a. AUTHORIZED NEGOTIATORS 

 

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

 

c. PLACE OF PERFORMANCE 
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SPE3S1-20-R-0007

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

 

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. 

 

CONTINUATION OF BLOCKS FROM SF 1449 

1. Block 8

 

OFFER DUE DATE/LOCAL TIME: Aug 24, 2020 at 3:00PM (EST), PHILADELPHIA TIME 

 

2. Block 9

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

closing date, and time set for the receipt of offers. 

 

Send MAILED OFFER to: 

 

Defense Logistics Agency 

DLA Troop Support 

Post Office Box 56667 

Philadelphia, PA 19111-6667 

Solicitation Number: SPE3S1-20-R-0007 

Closing Date and Time: Aug 24, 2020 at 3:00PM (EST)

 

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

 

DLA Troop Support 

Business Opportunities Office 

Bldg. 45-C-167 

700 Robbins Avenue 

Philadelphia, PA 19111-5092 

Solicitation Number: SPE3S1-20-R-0007 

Closing Date and Time: Aug 24, 2020 at 3:00PM (EST)

NOTES: 

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

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

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

specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked 

ON THE OUTSIDE OF THE COMMERCIAL CARRIER'S ENVELOPE with the solicitation number, date, 

and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449. 

(2) Examples of “hand carried” offers include: In-person delivery by Contractor, Fed Ex, Airborne, UPS, DHL, Emery, 

other commercial carrier, USPS Express Mail and USPS Certified Mail. 
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SPE3S1-20-R-0007

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

 

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. 

 

 

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

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

may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revision(s), including 

Final Proposal revision(s). 

 

OFFERORS SHOULD RETURN ALL PAGES OF THE SOLICITATION ALONG WITH PROPER SIGNATURES 

 

 

3. Block 15

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

to the following ship to address:

 

 

W62GT 

W1BG DLA Distribution 

25600 S Chrisman Road 

Rec Warehouse 30 - UGR 

Tracy, CA 95304-5000 

United States 

 

Inspection is at the Contractor's Plant and Acceptance is at Destination. Required delivery dates shall not exceed 60 

days for all items, except for shrimp is 120 days after issuance of each delivery order.

 

 

 

 

4. Block 17 a

 

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

(If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, 

Instructions to Offerors --Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.) 

 

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

 

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

Email Address(s): __________________________________________________________ 
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SPE3S1-20-R-0007

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

 

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. 

 

 

_________________________________________________________________________________________________ 

 

4. Block 19 - 22

 

SCHEDULE OF SUPPLIES:

 

CLIN 0001 

NSN: 8940-01-395-4611 CHILI CON CARNE WITH BEANS, COOKED, DEHYDRATED, PACKAGED IN A No. 10 

METAL CAN, SHELF STABLE, PCR-C-059, dated 23 September 2004 w/change 01 August 12, 2016. Go to https://www.dla.

mil/Portals/104/Documents/TroopSupport/Subsistence/Rations/pcrs/ugr/ugrm01/c059.pdf

 

 Est. Annual Qty. Unit of Offer Unit Total 

 Issue Price Dollar Value 

 

Tier 1 * 8,000 CN $_________ $_____________ 

Tier 2 * 8,000 CN $_________ $_____________ 

Tier 3 * 8,000 CN $_________ $_____________ 

Tier 4 * 8,000 CN $_________ $_____________ 

Tier 5 * 8,000 CN $_________ $_____________ 

 

Minimum for 5-year period is: 8,000 CN 

Maximum for 5-year period is: 60,000 CN 

 

 

CLIN 0002 

NSN: 8905-00-935-6395 PORK CHOPS, DEHYDRATED, UNCOOKED, PACKAGED IN A No. 10 METAL CAN, SHELF 

STABLE, PCR-P-039, dated 23 September 2004 w/Change 03 January 26, 2011. Go to https://www.dla.mil/Portals/104/

Documents/TroopSupport/Subsistence/Rations/pcrs/ugr/ugrm01/p039.pdf

 

 

Est. Annual Qty. Unit of Firm Fixed Portion subject Total 

 Issue Price to EPA Unit Price 

 
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SPE3S1-20-R-0007

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

Tier 1 * 10,000 CN $____________ $__________ $_________________ 

Tier 2 * 10,000 CN $____________ 

Tier 3 * 10,000 CN $____________ 

Tier 4 * 10,000 CN $____________ 

Tier 5 * 10,000 CN $____________ 

 

Minimum for 5-year period is: 10,000 CN 

Maximum for 5-year period is: 75,000 CN 

 

 

CLIN 0003: 

NSN: 8940-01-627-2725: CREAMED BEEF GRAVY, NO. 10 METAL CAN, SHELF STABLE, FREEZE DRIED. 

 

Est. Annual Qty. Unit of Offer Unit Total 

 Issue Price Dollar Value 

 

Tier 1 * 6,000 CN $____________$______________ 

Tier 2 * 6,000 CN $___________ $______________ 

Tier 3 * 6,000 CN $__________ $______________ 

Tier 4 * 6,000 CN $__________ $______________ 

Tier 5 * 6,000 CN $_________ $______________ 

 

Minimum for 5-year period is: 6,000 CN 

Maximum for 5-year period is: 45,000 CN 

 

 

CLIN 0004: 

NSN: 8940-01-627-2729: CREAMED TURKEY SAUSAGE GRAVY, NO. 10 METAL CAN, SHELF STABLE, FREEZE 

DRIED. 

 

Est. Annual Qty. Unit of Offer Unit Total 

 Issue Price Dollar Value 

 

Tier 1 * 10,000 CN $_________ $___________ 

Tier 2 * 10,000 CN $_________ $___________ 

Tier 3 * 10,000 CN $_________ $___________ 

Tier 4 * 10,000 CN $_________ $___________ 

Tier 5 * 10,000 CN $_________ $___________ 

 

Minimum for 5-year period is: 10,000 CN 

Maximum for 5-year period is: 75,000 CN 

 

 

CLIN 0005: 

NSN: 8905-01-260- 7475: SHRIMP, DEHYDRATED, COOKED, PACKAGED IN A No. 10 METAL CAN, SHELF 

STABLE, PCR-S-024, dated April 14, 2011 w/Change 01 September 27, 2013. Go to https://www.dla.mil/Portals/104/

Documents/TroopSupport/Subsistence/Rations/pcrs/ugr/ugrm01/s024.pdf

 

Est. Annual Qty. Unit of Firm Fixed Portion subject Total 

 Issue Price to EPA Unit Price 

 

Tier 1 * 9,000 CN $_________ $__________ $______________ 

Tier 2 * 9,000 CN $_________ 
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SPE3S1-20-R-0007

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

Tier 3 * 9,000 CN $_________ 

Tier 4 * 9,000 CN $_________ 

Tier 5 * 9,000 CN $_________ 

 

Minimum for 5-year period is: 9,000 CN 

Maximum for 5-year period is: 67,500 CN 

 

 

The Government is only obligated to purchase the total minimum quantity awarded. 

 

 

The packaged food shall meet the minimum shelf life requirement of 36 months at 80 degrees F. Required delivery date (RDD) 

to Tracy Depot shall be no later than 60 days for all items, except for shrimp is 120 days after issuance of each delivery order. 

Failure to deliver on time may result in the Government taking consideration. 

 

All prices offered must be F.O.B. destination. Unit price shall be limited to two decimal places. For evaluation and award 

purposes, offers containing a unit price of more than two decimal places shall be rounded off to two decimal places.

 

NOTE: Alternate offers/pricing will NOT be accepted. *Offer on each Tier is mandatory. 

 

 

 

(End of Continuation of Blocks from SF 1449) 

 

 

STATEMENT OF WORK 

 

I. INTRODUCTION 

 

A. DLA Troop Support intends to enter into a Firm-Fixed Price and Firm Fixed Price with Economic Price 

Adjustment Indefinite Delivery Purchase Order (IDPO) to provide Dehydrated Items to be used as critical components in 

the Unitized Group Ration M Program. 

 

B. The resulting contract will be a Five (5) year contract, consisting of five 365-day Tier Periods. 

 

TIER 1: Date of award through 365 days

TIER 2: Day 366 through day 731 days

TIER 3: From 731st day thru 1095 days

TIER 4: From 1096th day thru 1460 days

TIER 5: From 1461 day thru 1826 days

 

 

NOTE: Deliveries might fall outside of effective period

 

An offer on all five tiers is mandatory. Offers that do not contain pricing for all tiers of each line item could result in a rejection 

of the proposal of that specific line item. 

 

This solicitation is hereby issued using Low Price Technically Acceptable (LPTA) procedures. Offerors must meet all terms, 

conditions, and requirements of this solicitation. See FAR Provision 52.212-2 Evaluation-Commercial Items for evaluation 

criteria. 

 

PRE-AWARD PLANT SURVEY: To determine the responsibility of prospective contractors, the government reserves the 
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SPE3S1-20-R-0007

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

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

government is prevented from making such survey by the offeror or its proposed subcontractor, the offer may be rejected. As a 

part of the pre-award survey, the offeror may be required to obtain from its intended sources of supply, letters confirming 

availability of components, materials machinery and tooling.

II. CONTRACTING AUTHORITY 

 

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

any requirement of the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains 

solely with DLA Troop Support Contracting Officer. 

 

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

Officer, the change will be considered to have been made without authority and no adjustments will be made to cover any costs 

associated with such change. 

 

III. 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. 

 

 

TECHNICAL/QUALITY DATA 

 

TECHNICAL/QUALITY DATA 

 

I. Product Demonstration Model (PDM) Information: 

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

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

determine compliance with all characteristics listed for evaluation in FAR 52.212-2 herein. Failure to furnish this information 

and PDMs by the time specified in the solicitation may be cause for rejection of the proposal. The offer may be rejected under 

the late offer clause or may be rejected because additional submissions will be tantamount to a submission of a new offer. A 

cover letter may accompany the offer to set forth any information you wish to bring to the attention of the Government. 

 

Solicitation Provisions:

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

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

to submit PDMs may result in rejection of offer of that item. 

 

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

Offerors are cautioned that samples produced in test facilities may not be comparable to the product produced on a 

production line, which result in rejection of the product. Also major changes in production methodology or packaging, 

such as implementation of new technology, may result in production that does not meet the production standard, which 

would require the submission and evaluation of new PDMs. Should the contractor at any time plan to, or actually 

produce the product using different raw material or process methodologies from the approved Product Standard, which 

result in a product non-comparable to the Product Standard, the contractor shall arrange for a Replacement PDM 

approval. In any event, all product produced must meet all requirements of this document including Product Standard 
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comparability. 

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

also evaluate the sensory attributes of the food product to include appearance, odor, flavor and texture using the 

recognized 9-point quality rating scale to determine product quality. PDMs must conform to all specification/

production description characteristics. Failure of models to conform to the specification may result in rejection of offer 

for that item. Product offered shall conform to all packaging, labeling, and packing requirements as well as analytical 

requirements. The government shall not accept product from any resultant contract which does not conform to all 

requirements. 

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

the initial proposal and have their PDM pass evaluation. Vendors are advised that if they have any unacceptable PDMs 

after the second evaluation, that item will not be considered for award. The Government shall require each PDM to be 

rated as “Acceptable”. Revised or alternate PDMs submitted during negotiations shall be evaluated for the same criteria 

detailed above. 

d. PDMs shall be submitted as follows: 

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

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

DEPARTMENT OF THE ARMY 

FCDD-SCC-EMR (Attn Jill Bates) 

COMBAT CAPABILITIES DEVELOPMENT COMMAND-SOLDIER CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760-5056 

Lab # 508-206-3315 

Jill.M.Bates@us.army.mil 

 

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

information:

Product Demonstration Model Sample 

Solicitation Number 

Product Identity 

Lot # 

Company Name and Address 

Point of Contact Name and Phone Number 

 

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

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

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

identifying the product and conducting the evaluation. 

 

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

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

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

must also be part of their proposal. PDMs will not be evaluated until written notification from the 

offeror is received. This consideration does not relieve the offeror of the full responsibility for 

submitting all PDMs in a timely manner. Late submissions of PDMs may be the basis for rejection of 

the proposal. 

 

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

item, source of supply name and address, and item lot number. Note: Offerors may submit PDMs to 
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Natick for evaluation any time after solicitation issuance. 

 

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

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

from the inspector confirming possession of the samples and identifying the samples as from the same 

production lot as those submitted to Natick. The offeror shall submit this statement(s) with this balance 

of PDM samples submitted to DLA Troop Support. 

 

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

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

Troop Support (attn. Jennifer Dam) on the first page of the solicitation. 

 

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

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

documentation from Natick of the passing PDM score. 

 

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

 

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

analytical results included as part of the offer for this technical evaluation factor. The analyticals are to 

be self-certified or certified by the USDA (i.e., testing of official USDA samples by a USDA/AMS 

laboratory) for current suppliers of these items and self-certified by other potential offerors. Failure to 

submit the required certified analyticals with PDMs may result in the proposal not being considered for 

award. The offeror should include applicable documentation to establish that the product has been 

processed to meet commercial sterility requirements. e.g.: including incubation sample results. 

 

 

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

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

government for all contractual requirements. The contractor will be responsible for shipment to Natick. This 

replenishment may occur earlier if necessary to ensure an adequate supply of PDM samples. The contractor will also 

use samples from this same lot as the production standard. 

 

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

the current PDM stocks or as required by schedule. Replenishment PDMs will be evaluated for 

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

characteristics, and must meet the requirements for those characteristics in the appropriate product 

technical requirements document or specification(s). Upon acceptance the replenishment PDM will 

become the new product standard.

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

USDA as a Resubmittal PDM Replenishment. This follow-up Resubmittal PDM Replenishment and 

any subsequent Resubmittal lots cannot be shipped by the manufacturer without an acceptable 

evaluation result from Natick. 

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

sample to Natick as a Replacement PDM, following the PDM submittal process. The production lot that 

is used for the Replacement PDM submittal cannot be shipped by the manufacturer without an 

acceptable evaluation result from Natick. 
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f. If the contractor wishes to establish a new standard, that new standard would be called a Replacement PDM. 

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

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

same submittal process as the initial PDM. At no time will there be two standards for the product. 

 

g. Periodic Review samples are required for all Polymeric Tray items. The following are the requirements and distribution 

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

production. The eight samples will be selected from four random sampling points in the lot and Natick will receive 

samples from each of those four sampling points. The remaining samples will be distributed to the USDA review 

locations. These samples shall be designated as Monthly Review Samples. The USDA Inspector will ship them 

monthly to the following locations at the contractor's expense: 

 

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

South Bend, IN and Winter Haven, FL) 

 

AND Four samples of all items to: 

 

Department of the Army 

FCDD-SCC-EMR (Attn Jill Bates) 

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

10 General Greene Avenue 

Natick, MA 01760-5000 

 

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

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

to purchase the remainder of the lot at the order price. 

 

 

 

 

 

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

 

(a) The Government will award a contract resulting from this solicitation to the responsive and responsible offeror whose offer 

conforming to the solicitation will be most advantageous to the Government, price and meeting the requirements of the 

solicitation considered. The following shall be used to evaluate offers: 

 

 

Product Demonstration Models: The Government will evaluate the PDMs for compliance with the item descriptions 

and product specifications and will also evaluate the sensory attributes of the food product to include appearance, odor, 

flavor, and texture using the recognized 9-point quality rating scale to determine product quality. The PDMs will be 

evaluated by Natick and will be rated “ACCEPTABLE” if it meets the requirement of the item description and its 

Quality Scale result from Natick is equal or above 6. Approval or acceptance of a PDM shall not constitute a waiver 

of any specification requirement unless specifically stated by the Contracting Officer. The 12 acceptable PDMs will be 

used as production standards. If negotiations are conducted, offerors having unacceptable PDMs (Quality Scale is lower 

than 6) will be given an opportunity to correct deficient PDMs. The final rating will be based on second submission (if 

negotiations are conducted) and it must be rated “ACCEPTABLE” otherwise the final proposal will be rejected. 

 

DLA Troop Support will use Low Price Technically Acceptable procedures to evaluate all offers. A proposal will be 
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determined Technically Acceptable if it meets all terms and conditions of Government's submission requirements of the 

solicitation. It is a requirement that the Product Demonstration Models (PDM) unless waived, are submitted as part of the 

proposal and are required to be acceptable prior to award in order for a proposal to be found Technically Acceptable. The 

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. In order 

to receive consideration for award, both the lowest awardable price and technical acceptability must be met. Technical 

acceptability will be rated as either acceptable or unacceptable. 

(b) 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 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. 

 (c) 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. 

 

 

II. INSPECTION AND ACCEPTANCE REQUIREMENTS 

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

greater than a single shift's production. 

 

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

 

B. OPTIONAL CONTRACTOR TESTING is provided by the alternate inspection requirements of Procurement Note 

“Alternative Inspection Requirements for Selected Items”. 

 

III. ITEM DESCRIPTION 

 

The below listed item descriptions include the required technical specification (i.e. Performance Contract Requirements (PCRs), 

Commercial Item Descriptions (CIDs), etc) for this acquisition. 

 

NSN: 8940-01-395-4611: 

 CHILI CON CARNE WITH BEANS, COOKED, DEHYDRATED, PACKAGED IN A No. 10 METAL CAN, SHELF 

STABLE 

PCR-C-059, dated 23 September 2004 w/change 01 August 12, 2016. 

 

NSN: 8905-00-935-6395: 

PORK CHOPS, DEHYDRATED, UNCOOKED, PACKAGED IN A No. 10 METAL CAN, SHELF STABLE PCRP-039, dated 23 September 2004 w/Change 03 January 26, 2011. 

 

NSN: 8940-01-627-2725: 

 Creamed Beef Gravy, Freeze Dried, Packaged in a foiled pouch, shelf stable. 

PCR not available. 

 

NSN: 8940-01-627-2729: 

Creamed Turkey Sausage Gravy, Freeze Dried, Packaged in a foiled pouch, shelf stable 

PCR not available. 

 

NSN: 8905-01-260- 7475: 

SHRIMP, DEHYDRATED, COOKED, PACKAGED IN A No. 10 METAL CAN, SHELF STABLE, 

PCR-S-024, dated April 14, 2011 w/Change 01 September 27, 2013. 
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Copies of the required technical specifications (i.e.: Performance Contract Requirements (PCRs), Commercial Item Descriptions 

(CIDs), etc) may be obtained upon request from: 

 

Defense Logistics Agency 

DLA Troop Support 

Ms. Shannon Dempsey, Food Technologist 

ATTN: FTSC 

700 Robbins Avenue, Philadelphia, PA 19111-5092 

Telephone: (215-737-7802) 

e-mail: Shannon,Dempsey@dla.mil

 

IV. TRACEABILITY 

 

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

primary container (unit pack) and intermediate container, if required, has a lot number and Date of Pack (DOP). These package 

codes shall be permanent and legible. 

 

Use of the Julian Date for the lot number and a time stamp (hour and minute of filling/sealing) is preferred. For example (9296 

12:15), 9296 = October 23, 2019 and 12:15 representing the time of filling/sealing. When not required by specification, the 

contractor's lot identification may be of their own coding, i.e. a closed code, but the contractor shall provide the coding 

information for the primary containers and the contract data markings upon delivery. Package codes (to include time per case lot 

number shall be identified on the appropriate accompanying WAWF report upon delivery. 

 

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

ingredients. This shall be accomplished for the each item, brand and component that is shipped to the Defense Depot 

(Assembler) for the Unitized Group Ration Programs. This information shall be made available within 24 hours. 

 

 

V. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS 

 

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

Assurance and Laboratory Service, DLAR 4155.3, Inspections of Subsistence Supplies and Services, DLAD 52.246-9044, 

"SANITARY CONDITIONS (APR 2014), and as clarified by the Armed Forces Food Risk Evaluation Committee, 31 JAN 

1996, all Operational Ration Food Components will originate from sanitarily approved establishments. Acceptable sanitary 

approval is constituted by listing in the "Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement," 

published by the U.S. Army Institute of Public Health (USAIPH), or an establishment inspected and approved by the U.S. 

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

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

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

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

contract will originate only in establishments listed in the U.S. Army Institute of Public Health (USAIPH) Circular 40-1, 

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

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

current edition of DoD Military Standard 3006A, Sanitation Requirements for Food Establishments, is mandatory for listing of 

establishments in the Worldwide Directory. Suppliers also agree to inform the Contracting Officer immediately upon 

notification that a facility is no longer sanitarily approved and/or removed from the Worldwide Directory and/or other Federal 

agency's listing, as indicated in paragraph (2) below. Suppliers also agree to inform the Contracting Officer when sanitary 

approval is regained and listing is reinstated. 

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

worldwide directory. Additional guidance on specific listing requirements for products/plants included in or exempt from listing 

is provided in Appendix A of the worldwide directory. 

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

USDA product/operation code must be Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not 

shredded cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” 

codes (packaging and processing) must be Worldwide Directory listed. 

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

published by the USDHHS, FDA at http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm. 

(3) Establishments exempt from Worldwide Directory listing. Refer to AR 40-657/NAVSUPINST 4355.4H/MCO P1010.31H, 

Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be 

exempt from Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee 

Road, Alexandria, VA 22312 ; 1-888-584-8332 ; or download from web site: http://www.apd.army.mil/pdffiles/r40_657.pdf ) 

For the most current listing of exempt plants/products, see the Worldwide Directory (available at: http://phc.amedd.army.mil/

topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). 

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

“Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is indicated on the label or on 

accompanying shipment documentation. 

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

of food safety and food defense of the establishment or its products have or may lead to product contamination or adulteration, 

the Contracting Officer will suspend the work until such conditions are remedied to the satisfaction of the appropriate inspection 

agency. Suspension of the work shall not extend the life of the contract, nor shall it be considered sufficient cause for the 

Contractor to request an extension of any delivery date. In the event the Contractor fails to correct such objectionable conditions 

within the time specified by the Contracting Officer, the Government shall have the right to terminate the contract in accordance 

with the “Default” clause of the contract. 

(b) Delivery conveyances. 

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

and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The 

delivery conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary 

conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or 

the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in product `unfit for 

intended purpose', supplies tendered for acceptance may be rejected without further inspection. 

VI. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS 

 

All Shipping Containers and Unit Loads shall be clearly marked, in accordance with DLA Troop Support Form 3556 entitled 

“Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semi-perishable Subsistence, dated April 2014, with 

the following information on two adjacent sides of the load with the largest characters possible as follows: 

Unitized Ration Component 

National Stock Number 

Item Name 

Date of Pack and Lot Number 

Number of Shipping Containers per Pallet 

Contract Number 

Contractor's name and Address 

Inspection Test Date (ITD) 

 

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

add the shelf life value to the month/year date of pack. 

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

3 years = 6/10. If labels are used, they shall be permanently affixed with water-resistant adhesive tape. 
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Shipments without the appropriate Shipping Container and Unit Load Markings will be rejected and returned to origin, or at the 

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

 

VII. UNITIZATION 

 

Unit loads shall have the shipping containers arranged on a 40 inch by 48 inch commercial wood or plywood four-way entry 

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

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

mode of transportation (adhesive bonding is not acceptable). 

 

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

example, when strapping is used to secure the load, the straps shall pass under the top deck boards of the pallet. When stretch or 

shrink film is used, it must be applied low enough on the pallet to secure the load to the pallet. The unit load height shall not 

exceed 50 inches. 

 

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

2014 entitled “Loads, Unit: Preparation of Semi-perishable Subsistence Items.” 

 

NOTE: The unit load dimensions are 40 inches in length by 48 inches in width and 50 inches in height. 

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

 

REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) 

WOOD PACKAGING MATERIAL (WPM) WILL BE USED TO MAKE SHIPMENTS UNDER THIS 

CONTRACT AND/OR WHEN WPM IS BEING ACQUIRED UNDER THIS CONTRACT. 

 

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

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

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

 

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

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

Regulating Wood Packaging Materials in International Trade." DoD shipments inside and outside of the United 

States must meet ISPM 15 whenever WPM is used to ship DoD cargo. 

 

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

accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood 

Packaging Material Program and WPM Enforcement Regulations (see http://www.alsc.org/). 

 

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

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

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

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

15 and be marked with an ASLC approved DUNNAGE stamp. 

 

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

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

 

 

 

 

VIII. QUALITY ASSURANCE PROVISIONS INSPECTION/ACCEPTANCE 

 
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The contractor must meet all characteristics specified herein. For product requiring contractor-paid USDA, only end-item 

inspection of the finished product for compliance with contract requirements shall be lot inspected by USDA, AMS, FV, PPB In 

addition, Government inspection shall also be at destination for identity, count and condition for all terms and conditions of the 

contract. This shall include but is not limited to the following: 

1. All shipments must be accompanied by an accurate DD-250, and all other pertinent invoices as required. 

2. All unit loads must be marked in accordance with DLA Troop Support Form 3556. 

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

4. All delivered product shall be free of defects. 

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

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

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

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

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

code. 

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

 

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

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

 

QUALITY ASSURANCE PROVISIONS:

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

characteristics and all requirements of this contract; conforms to the producer's own specifications and standards, including 

product characteristics, manufacturing procedures, quality control procedures, and storage and handling practices; has a national 

or regional distribution from storage facilities located within the United States, its territories, or possessions; and is sold on the 

commercial market. 

The Government reserves the right to determine proof of such conformance prior to the first delivery from the point of origin 

and any time thereafter, as may be necessary, to include delivery at final destination, and for the time the product is covered 

under warranty, to determine conformance with the provisions of the contract. 

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

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

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

initial rejection. 

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

“Current Good Manufacturing Practices in Manufacturing, Packing or Holding Human Food,” and all regulations referenced 

therein. 

 

IX. DATE OF PACK 

 

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

shipments of components/product from a producer to destination/assembly points shall not be older than 90 days at delivery. 

 

X. REWORK OF NONCONFORMING PRODUCT PRE OR POST ACCEPTANCE 

 

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

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

 

A. Corrective Action (Rework/Screen Inspections) Taken Prior To Government Verification Inspection (Receipt, 

In-Process And End-Item Inspections): Unless otherwise specified below, all reworks and screening inspections conducted 

prior to the Government verification inspection do not require approval from the Government. Although the GQAR must be 

informed of all reworks, the contractor is not required to obtain approval to take corrective and preventive action as deemed 

necessary to ensure compliance with contractual requirements. For reworks requiring the Government's approval (as specified 

below), the contractor may submit a Standard Rework Procedure (SRP), for certain defects, under the contractor's documented 

QSP section XII - Corrective and Preventive Action Program. The SRPs must be specific and these must be evaluated by DLA 
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Troop Support-FTR, and DLA Troop Support-FTSC, and approved by the applicable Contracting Officer.

 

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

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

When a contractor determines as a result of his end item inspection(s) or QSP that supplies do not conform to contractual 

requirements and the supplies cannot be reworked (such as drained weight, viscosity, piece size, residual air, etc), he has the 

alternative to request the Contracting Officer for a waiver for the nonconforming requirement. If the Contracting Officer 

approves the waiver request for a specific requirement, the written waiver approval shall be provided to the GQAR when the 

supplies are presented for Government Verification Inspection (the skip-lot inspection does not apply in this case). The GQAR 

shall inspect the supplies for compliance with all requirements of the contract, except the waived requirement. The Contracting 

Officer, in special circumstances, may request the GQAR to inspect for the non-conforming characteristics also, after the waiver 

for the nonconforming requirement has been provisionally approved, to determine severity of nonconformance only. Due to the 

type of statistical sampling cited in the contract, under no circumstances shall a lot found nonconforming by the contractor be 

inspected by the GQAR to determine conformance to a requirement that has previously been established as nonconforming by 

the contractor's inspection. After any lot's failure or rework, if the lot is reinspected, it will be both Contractor and Government 

inspected at the next higher sample size; however, the accept/reject numbers used for the normal inspection will be used. 

 

 

B. The Following Reworks Must Be Coordinated With The Supervisory GQAR And Approved By The 

Applicable DLA Troop Support-FTR Office. 

 

1. Insect or Rodent Infestation/Contamination: Reworks must be approved by DLA Troop Support-FTSC.

 

2. Food Safety and Foreign Material: All corrective actions for product retained due to processed/unprocessed 

container mix-ups must be approved by FTR. Thermal process deviations or deviations from the preparation, formulation or 

critical factors cited in the approved process schedule must be accompanied by a detailed letter from the plant's Processing 

Authority. The involved subcode(s), the deviation, and the disposition of the product shall be clearly identified when the 

complete lot is presented for Government end item verification inspection. If the producer fails to provide enough information/

data in the case of a deviation, the GQAR shall contact FTR for approval to proceed with the Government end item verification 

inspection. These requirements are in addition to applicable Code of Federal Regulations or other regulatory requirements 

(USDA-FSIS, FDA). 

 

Foreign material identified during normal in-process control actions does not require a waiver request from DLA Troop Support 

FTR, but does require USDA notification of the incident. However, foreign material discovered during the Contractor or 

GQAR/USDA end item inspection is cause for rejection of the lot. Rework requests that involve foreign material identified 

during end item inspections require approval from DLA Troop Support FTR before the rework activity can proceed. 

 

Note: A notification of nonconformance containing ineffective corrective actions, as identified by USDA, require DLA-TS 

attention and action 

 

“Retesting/re-inspection/rework of product that tested positive for food borne pathogens (salmonella, e. coli, etc.) is not 

authorized.” 

 

Note: Deviations (that occur during or prior to the production of a product) from specific preparation/ formulation/ingredient 

requirements cited in the specifications shall be submitted as a request for product deviation and must be approved and 

coordinated with the Specification Preparing Activity (Natick) through the applicable Contracting Officer.

 

3. Container Integrity Defects: All reworks due to container integrity defects noted during the producer's end 

item inspection (for critical container defects only) or Government final lot end item verification inspection, must be approved 

by FTR unless 100% primary container rework of the entire lot is conducted at source (Note: All second time reworks must be 

approved by the applicable FTR office). All containers exhibiting same or other container integrity defects must be removed 

during the 100% primary container rework and noted on the rework paperwork. Reworked lots will be inspected or re-inspected, 

as applicable, by the contractor at the location of the rework using the next larger sample size (for example, from 200 samples to 
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315, or if a second rework, from 315 samples to 500 samples). Rework results must be included with other paperwork when the 

lot is presented for Government end item verification inspection.

 

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

 

5. Nonconformances Noted During The Government End Item Verification Inspection: 

All rework requests submitted for defects noted during Government end item verification inspections must be approved by the 

applicable Contracting Officer, unless exempted under paragraph 3 above. 

 

 

C. Contractor's Quality History: 

 

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

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

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

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

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

corrective action will be determined to have been effective. However, all requests for waivers and product deviations will be 

counted. 

 

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

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

took a corrective action, the corrective action will be determined to have been ineffective. In addition to any action taken, the 

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

internal audit and results must be submitted to DLA Troop Support-FTSB (Quality Systems Auditors). All corrective actions

(rework/screening inspections, etc.) taken by the contractor due to a Government end item verification inspection 

rejection will be documented in the contractor's quality history records.

 

NOTE: If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days from date of 

initial rejection.

 

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

information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. See 

“Request for Rework, Request for Waiver, Request for Deviation, or Re-inspection of Nonconforming Supplies”. 

 

D. Request for Rework, Request for Waiver, Request for Deviation, or Re-inspection of 

Nonconforming Supplies 

 

1. When contractor inspection or QSP, or Government verification by the QAR, reveals a process deviation or 

nonconforming lot, the contractor's written request for deviation, waiver, rework or re-inspection of the nonconforming lot(s) 

must be furnished, as appropriate to the Contracting Officer and cognizant Government QAR and shall at a minimum contain the 

following: 

NOTE: Subject line should include what is being asked for (i.e.: Request for Waiver for Drain Weight of Beef Stew or 

Request for Rework for Residual Air for Apple Dessert) 

a. Type of Request: Waiver, Notification, Re-inspection, Rework 

b. Approval Required from DLA: Yes or No 

c. Contractor Name/Address 

d. Contract Number 

e. Product Name 

f. National Stock Number 

g. Batch Number(s) (If Applicable) 

h. Sublot(s) (If Applicable) 

i. Lot Number(s) 
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j. Process Category (i.e. Work-progress/End Item) 

k. Quantity 

l. Specification Requirement Number (PCR, CID, etc) 

m. Sample Size; Defect; Accept/Reject 

n. Defect Classification: Critical, Major, Minor, NA 

o. Inspection Failure (Summary of non-conformances) 

p. Failure Identified: Processing, Packaging, End Item 

q. Inspector: In-plant/Contractor or USDA 

r. Date of Incident 

s. Attachments (Provide in-house, USDA worksheets, in-process data) 

t. Root Cause of nonconformance or deviation (Describe using a short detailed paragraph; Tell a story of 

the incident) 

u. Corrective Action (Describe using a short detailed paragraph) 

v. Preventive Action (Describe using a short detailed paragraph; if preventive action is not possible, 

state why) 

w. Occurrence (Has this occurred before/when; if yes, what was the date/contract/lot number of last 

occurrence) 

x. Estimated Cost 

y. Effect on Delivery 

z. Justification for request (What are you asking for?) 

 

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

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

After any lot's failure or rework, if the lot is re-inspected, it will be both Contractor and Government inspected at the next higher 

sample size; however, the accept/reject numbers used for the normal inspection will be used.

 

2. When a valid technical reason for re-inspection without rework is offered and permission is granted by the 

PCO, the contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect the nonreworked lot after taking the corrective action, and evaluate the results of the initial inspection and the re-inspection by means of 

recognized statistical methods. 

 

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

acceptability will be based on re-inspection results. A significant difference is one that is real and not due to chance variation. 

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

difference. 

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

results will be reported to the Contracting Officer. 

1. The results of the two inspections will be averaged and acceptability will be based on 

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

2. The results of the initial (original) inspection will be the basis for the acceptability decision 

when the requirement is a unit (attribute) requirement. 

 

 

XI. INTEGRATED PEST MANAGEMENT (IPM) and FOOD DEFENSE/PROTECTION PLAN 

 

A. INTEGRATED PEST MANAGEMENT 

 

The procedures contained in the “Integrated Pest Management (IPM) Program Requirements for Operational Rations,” 

of April 2011 are required and apply to all Operational Rations components. Each contractor is to have an IPM program in place 

prior to the initiation of production of Government product. The IPM plan is required to be submitted to DLA Troop Support 

upon submittal of proposals. Associated pesticide labels and SDS documents are not required but are to be made available upon 

request by DLA Troop Support. The contractor shall have those documents available for on-site review during a Quality 

Systems Management Visit (QSMV) or Quality Systems Compliance Audit. In addition, evidence of an insect or rodent 
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infestation, or contamination involving any end item will be cause for rejection of the involved lot. IPM program requirements 

can be found on the DLA Troop Support website at: https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/

FoodSafety/FoodQuality/TS_ipm-cpaf_171120.pdf

 

 

B. FOOD DEFENSE PLAN 

 

Currently, all DLA Troop Support Subsistence contracts have a requirement for submission and implementation of some 

type of Food Defense Plan at each contractor facility. As a result of increased risk for the potential of intentional food tampering 

the plan shall describe (in general terms) the type of preventive measures that are taken or will be taken to reduce Food Defense 

Plan vulnerabilities and to protect the food intended for DLA Troop Support's customers at CONUS and OCONUS locations. 

The plan must include preventive steps taken to safeguard product from intentional tampering/contamination during all stages of 

receipt, production, storage, assembly, delivery, and shipment. Areas of concern listed in this checklist must be addressed in the 

plan. The Food Defense Plan will be received, reviewed, rated, and kept on record in the Quality Audits & Product Protection 

Branch (DTA Troop Support-FTSB). Note: Points will be deducted for not responding to a question with a YES, NO, N/A or for 

not providing the information requested (e.g., establishment registration information). To download a copy of the DLA Troop 

Support Food Defense Checklist go to https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/

FoodQuality/food_defense_check19MAR20.pdf or contact the applicable DLA Troop Support Contracting Officer or the 

Quality Audits & Product Protection Branch (DLA Troop Support-FTSB). 

 

C. CURRENT GOOD MANUFACTURING PRACTICES IN MANUFACTURING, PACKAGING OR HOLDING 

HUMAN FOOD 

 

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

Manufacturing Practice in Manufacturing, Packaging or Holding Human Food,” and all regulations referenced herein, is 

required. In addition, the contractor is required to comply with all with the provisions contained within specific parts of the 

Code of Federal Regulations. For example, low-acid canned food manufacturers, Part 110 and 113 are applicable. 

 

XII. ENTRY INTO PLANT 

The Contracting Officer or any Government personnel designated by him shall be permitted entry into the Contractor's and 

Subcontractor's plants at any time during the effective period of the contract. Except for inspection services, the Contracting 

Officer shall give prior notice of the purpose of the meeting and shall furnish dates of the visit. 

 

XIII. PLACE OF PERFORMANCE 

A. The offeror must stipulate in its proposal to this solicitation information pertinent to the place of performance. 

B. Any change in place(s) of performance cited in this offer and in any resulting contract is prohibited unless it is 

specifically approved in advance by the Contracting Officer. 

 

XIV. PACKAGING: 

If applicable, preservation, packaging, etc. furnished by suppliers shall meet or exceed the following requirements: 

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

shipment and storage. Unit packages shall also be able to withstand subsequent handling. Unit packs susceptible to corrosion or 

deterioration shall be protected by preservative coatings. Items requiring protection from physical damage, or which are fragile 

in nature (i.e., glass) shall be protected by wrapping, cushioning, etc. or other means to mitigate damage during handling and 

shipment. If screw caps are used, they shall be secured to the bottles with a band of plastic shrink film or plastic tape. All 

bottles shall be hermetically sealed (inner seal) and secured to withstand any position in the shipping container without leaking. 

 

XV. LABELING:

If applicable, labeling for unit and intermediate containers shall meet those used in the commercial distribution or over 

the counter retail sales. The labeling shall be sufficient to clearly and visibly identify the contents of the package. All markings 

must comply with the applicable laws as set forth by the Federal Food Drug and Cosmetic Act and regulations promulgated 

there under. 

 
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XVI. PACKING:

If applicable, the shipping container (including any necessary blocking, bracing cushioning or waterproofing) shall 

comply with the regulations of the carrier used and provide safe delivery to the destination point at the lowest possible tariff 

cost. It shall be capable of multiple handling and storage under favorable conditions for a minimum of one year. 

 

 

 

Contract Clauses 

 

 

Note: 52.212-4, Contract Terms and Conditions --Commercial Items (OCT 2018) is incorporated in this solicitation by 

reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for 

viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

 

Addendum to 52.212-4: 

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. FAR 

52.246-2 expands the definition of “Supplies,” to include, but not limit to, raw materials, components, intermediate assemblies, 

end products, and supply lots. FAR 52.246-2 is required for Product Verification Testing (PVT), which is a requirement on any 

resulting contract(s). PVT is addressed in full text elsewhere in the solicitation.

 

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

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

 performance of inspection. 

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

 

Plant: ______________________________________________ 

Street: _____________________________________________ 

City/State/Zip: _______________________________________ 

 

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

 

(c) Changes. 

 

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

contract. 

 

 (2) The Contracting Officer may at 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. 

 

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

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

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

the contract. 

 

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

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

and act upon a proposal submitted before final payment of the contract. 
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(5) Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, nothing in this clause shall 

excuse the Contractor from proceeding with the contract. 

 

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

 

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

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

unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will 

only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be 

inappropriate for resolving the dispute. 

 

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

documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition 

Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the 

Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to 

include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate. 

 

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

 

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 the duration of the Contract supplies 

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

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

conform with the requirements of this contract. 

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

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

amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified 

in this contract and the Contractor's plant, and return. 

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

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

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

supplies. 

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

contained in this contract. 

(c) Remedies available to the Government.

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

clause within 45 days after discovery of the defect. 

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

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

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

(b)(1) of this clause; or 

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

(3) 

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

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

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

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

quantity of supplies on which warranty action is proposed; 

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

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

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

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

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

Contracting 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 
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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. 

 

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

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

certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and 

Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower 

protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for 

contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. 

 

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

 Add the following paragraph: 

 (a) Definitions. 

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

information required for the conduct of business with the Government. 

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

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

Government entity; or 

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

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

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

(D&B) to identify unique business entities. 

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

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

character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying 

alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same 

parent concern. 

 

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

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

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

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

Contact sections of the registration in the SAM database; 

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

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

Government as part of the SAM registration process; and 

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

 

 

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

(MAR 2020) 

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

this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 
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(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of 

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

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

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

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

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

(AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). 

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

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

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

note)). 

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

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

commercial items: [Contracting Officer check as appropriate.] 

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 

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

_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). 

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

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.

S.C. 6101 note). 

__ (5) [Reserved] 

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

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

section 743 of Div. C). 

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

for Debarment. (Oct 2015) (31 U.S.C. 6101 note). 

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

__ (10) [Reserved] 

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

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

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

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

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

__ (13) [Reserved] 
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_X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). 

__ (ii) Alternate I (MAR 2020). 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)). 

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

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

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

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

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

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

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

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

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

_X_(32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). 
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__ (ii) Alternate I (July 2014) of 52.222-36. 

_X_(33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). 

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

_X (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). 

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

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of 

commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 

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

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

available off-the-shelf items.) 

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

13693). 

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

O. 13693). 

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

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

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

(ii) Alternate I (Jun 2014) of 52.223-14. 

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

_X_(43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). 

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

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 

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

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

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

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

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

_X (49)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 

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

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

__ (iv) Alternate III (MAY 2014) of 52.225-3. 

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

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

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

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

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

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

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

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

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

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

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

3332). 

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

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

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

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 

10 U.S.C. 2631). 

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

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

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

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

Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] 

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). 

__ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). 

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

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option 

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

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

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

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, 

Calibration, or Repair of Certain Equipment --Requirements (MAY 2014) (41 U.S.C. chapter 67). 
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__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --

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

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

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

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). 

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

contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the 

clause at 52.215-2, Audit and Records --Negotiation. 

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

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

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

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

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

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

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

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

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

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

maintain in the ordinary course of business or pursuant to a provision of law. 

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). 

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

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

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

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

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

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

(AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). 

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

further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 

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

subcontracting opportunities. 

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

paragraph (l) of FAR clause 52.222-17. 

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

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). 
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(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

clauses necessary to satisfy its contractual obligations. 

(End of clause) 

 

 

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE 

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015) 

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

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

System for Award Management (SAM Exclusions) as being ineligible for the award of Defense contracts or subcontracts 

because it is owned or controlled by the government of a country that is a state sponsor of terrorism. 

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

subcontract with a party that is identified, in SAM Exclusions, as being ineligible for the award of Defense contracts or 
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subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism. The notice 

must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor 

notwithstanding its inclusion in SAM Exclusions. 

 

 

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

(a) Definitions. As used in this clause

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

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

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

Federal Acquisition Regulation); 

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

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

which it is sold in the commercial marketplace; and 

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

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

“Domestic end product” means -- 

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

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

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

United States exceeds 50 percent of the cost of all its components. The cost of components includes transportation costs to the 

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

collected, and prepared for processing in the United States is considered domestic. A component is considered to have been 

mined, produced, or manufactured in the United States (regardless of its source in fact) if the end product in which it is 

incorporated is manufactured in the United States and the component is of a class or kind for which the Government has 

determined that -- 

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

or manufactured in the United States; or 

(2) It is inconsistent with the public interest to apply the restrictions of the Buy American statute; or 

(B) The end product is a COTS item. 

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

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

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

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

country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, 
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with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the 

following are qualifying countries: 

 

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 
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United Kingdom of Great Britain and Northern Ireland. 

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

“Qualifying country end product” means -- 

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

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

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

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

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

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

reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the 

United States; or 

(B) The end product is a COTS item. 

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

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

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

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

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

Buy American Balance of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that 

it will deliver a qualifying country end product, the Contractor shall deliver a qualifying country end product or, at the 

Contractor's option, a domestic end product. 

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

 

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

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

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

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

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

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

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

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

following are qualifying countries: 

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 
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Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Structural component of a tent” -- 

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

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

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

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

having national status under the laws of the United States. 

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

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

(1) Food. 

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

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

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

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

(ii) Tarpaulins; or 

(iii) Covers. 

(4) Cotton and other natural fiber products. 

(5) Woven silk or woven silk blends. 

(6) Spun silk yarn for cartridge cloth. 

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

(8) Canvas products. 

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

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

materials listed in this paragraph (b). 

(c) This clause does not apply -- 

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other items for which the 
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Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. 

market prices; 

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

value of the cotton, other natural fibers, or wool -- 

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

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

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

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

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

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

shall be provided in accordance with paragraph (d) of this clause; 

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

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

synthetic fabric itself), if -- 

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

in whole or in part of fabric, include

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

and Appliances); 

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

Federal Supply Group 84, Clothing, Individual Equipment and Insignia; 

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

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

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

country. 

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

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

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

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

States. 

 

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, 

AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) 

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

“Indian” means -- 

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

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

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

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

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

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

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

less than 51 percent of the enterprise. 

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups 

(including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, 

that is recognized by the Federal Government as eligible for services from BIA in accordance with 25 U.S.C. 1452(c). 
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“Interested party” means a contractor or an actual or prospective offeror whose direct economic interest would be affected by 

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

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

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

regulations; and 

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

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

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

extent consistent with efficient performance of the contract. 

(c) The Contracting Officer and the Contractor, acting in good faith, may rely on the representation of an Indian organization, 

Indian-owned economic enterprise, or Native Hawaiian small business concern as to its eligibility, unless an interested party 

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

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

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

U.S. Department of the Interior 

Bureau of Indian Affairs 

Attn: Chief, Division of Contracting and 

Grants Administration 

1849 C Street NW, MS-2626-MIB 

Washington, DC 20240-4000. 

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

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

Department of Hawaiian Home Lands 

PO Box 1879 

Honolulu, HI 96805. 

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

(e) No incentive payment will be made -- 

(1) While a challenge is pending; or 

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

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

accordance with this clause. 

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

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

business concern. 

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

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

enterprise, or Native Hawaiian small business concern. 

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

completion of contract performance. 

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

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

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

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

pay the subcontractor the incentive amount. 

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

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

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

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

Federal Acquisition Regulation. 

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

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

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

submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form 

authorized by the Contracting Officer. 

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

Contractor under this contract. 

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

Receiving Report. 

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

reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, 

Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at 

https://wawf.eb.mil/. 

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

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

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

the Contracting Officer's determination with each request for payment; 

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

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

exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, 

and Cargo and Billing System); 

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

as the electronic format; or 

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

of the receiving report in electronic form is required. 

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

G of the contract. 

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

clauses in this contract when submitting payment requests. 

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 

 

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

which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall 

not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the 

request shall be properly allocable to the change in accordance with applicable acquisition regulations. 
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(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified 

acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to 

certify the request on behalf of the Contractor: 

 

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

knowledge and belief. 

 

 

 

52.211-16 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 1500 

Cans for each 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 
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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. 

 

 

 

ECONOMIC PRICE ADJUSTMENT (EPA) - 

 UNITIZED GROUP RATION (UGR) 

(a) Warranties: For the portion of the schedule that is covered by this EPA language, the Contractor warrants that the 

unit prices included in the Schedule does not include allowances for any portion of the contingency covered by this 

EPA language. 

(b) Base unit price: The base unit prices for the purpose of the adjustment calculations under this EPA language shall 

be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only (e.g. an average 

of egg indices for egg products, pork belly indices for pork products, and skim milk and butterfat indices for milk 

products) only for the period specified under the “BASE Unit Price” column in paragraph (b) immediately preceding 

(i) the closing date for proposals, (if no discussions are held), (ii) the due date for final proposal revisions, (if 

discussions are held), or (iii) the opening date, (if sealed bidding is used). 

ITEM: Dehydrated Pork Chops 

EPA Factor: Pork Loin 

Economic Indicator: Bnls CC Strap - off, 1⁄2 cut (U55) 

Publisher/Publication/Frequency Published: USDA / Weekly National Carlot Meat Report / Weekly 

Base Unit Price: 52 week period 

Adjusting Unit Price: 52 week period 

 

 

ITEM: Dehydrated Shrimp 

 

EPA Factor: Shrimp 

Economic Indicator: Ex-Vessel Price (Average dollar per pound, headless, all species) Western Gulf 26/30

Publisher/Publication/Frequency Published: NOAA Monthly Ex- Vessel Gulf Shrimp Report

Base Unit Price: 12 month period 

Adjusting Unit Price: 12 month period 

 

(c) Adjusting unit price: The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of 

each applicable economic indicator only for the period specified under the “Adjusting Unit Price” column shown in 

paragraph (b) immediately preceding the effective date the option term is exercised. 

(d) An established market price is a price that is established in the course of ordinary and usual trade between buyers 

and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net 

price after applying any standard trade discounts offered by the Contractor. The established market price under this 

EPA language may reflect industry-wide and/or geographically based market price fluctuations for commodity groups 

or specific supplies. The established market price that shall be used for the EPA factors subject to price adjustments 

under this EPA language, and the economic indicators and publications to be used are listed in paragraph (b) of this 

EPA language. 
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(e) With respect to increases or decreases under this EPA language, no adjustment shall be made to the base term 

contract unit prices. One adjustment calculation shall be made annually to determine the unit prices applicable to the 

forthcoming option term (if exercised). 

(f) EPA allowance factor: For the purpose of price adjustment pursuant to this EPA language, it shall be conclusively 

presumed that the amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to 

adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the 

vendor and in “Schedule B” the offerors will be required to fill in this amount. This is the only portion of the cost that 

will be subject to the EPA provision. The EPA provisions based on changes in market prices for product material 

costs such as egg, pork belly, skim milk, and buttermilk, are subject to the EPA, because there is serious doubt 

concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General 

and Administrative (G&A), transportation, and profit are those contingencies that can be included in the contract price 

and can be identified and covered separately through firm fixed prices. The EPA allowance factor remains fixed 

throughout the life of the contract unless a Government authorized change is made to the contract which affects this 

allowance. 

(g) Performance requirement: The United States Army Research, Development and Engineering Command 

(RDECOM) Natick Soldier Center (NSC) who prepares the specifications has moved from Military Specifications to 

Performance Requirements. The Government no longer states the specific amount of product (egg, pork belly, skim 

milk, buttermilk etc.) (a unitized group ration item) that goes into a Unitized Group Ration, only an overall amount 

with a protein and carbohydrate requirement. Meeting the protein and carbohydrate requirement indicates that the 

Contractor has put in sufficient quantities of required ingredients in the Unitized Group Ration to satisfy the 

requirement. (Different Contractors will put in differing quantities of egg, pork belly, skim milk, buttermilk etc. to 

meet the protein and carbohydrate performance requirements). This is why specific weights or quantities cannot be 

specified in advance in this EPA as would be used in a Military Specification and the cost for the items subject to 

adjustment will be entered by the Contractor in Section B. The Government performs oversight to ensure that the 

performance requirements are met or exceeded. 

(h) Adjustments shall be calculated as follows: (Round to four decimal places) 

(1) Compute the Adjusting Unit Price and the Base Unit Price. 

(2) (Adjusting Unit Price - Base Unit Price)/Base Unit Price = Market Price Change (+ or -). 

(3) Market Price Change X Allowance Factor = Contract Unit Price Adjustment (+ or -) for each item subject to EPA 

adjustment. 

(4) The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion 

subject to the EPA (Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or 

decreasing (as appropriate) the Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm 

fixed price portion agreed to at the time of award for the option period being adjusted. 

(5) Determine the Contract Price Adjustment by computing the sum total of the price Adjustment of all items subject 

to EPA. 

(i) Price adjustments pursuant to this EPA language shall be made by contract modification showing the calculations 

used to derive the adjusted contract unit price. 

(j) Payments: Payment for items pending adjustment under this EPA language shall be at the existing unadjusted 

current unit price until an adjustment modification has been issued. Following issuance of an adjusting contract 
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modification, the Government shall pay the Contractor, upon submission of proper invoices or vouchers, the adjusted 

price stated in the contract modification for the applicable option period. The Contractor represents by submitting its 

final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized 

by this EPA language. 

(k) Any pricing actions pursuant to the “Changes” clause or other provisions of the contract will be priced as though 

there were no provisions for economic price adjustment. 

(l) No adjustment will be made under this EPA language unless the total change in the contract amount is $500.00 or 

more. 

(m) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% 

per annum of the original option unit prices agreed to at time of award. There is no percentage limit on downward 

adjustments under this EPA language. 

(n) Revision of market price indicator: In the event (i) any applicable market price indicator is discontinued or its 

method of derivation is altered substantially or (ii) the Contracting Officer determines that a particular market price 

indicator consistently and substantially no longer reflects market conditions, the parties shall mutually agree upon an 

appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the 

date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market 

conditions. 

(o) Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other 

matters addressed by this EPA language then the matter shall be resolved in accordance with the Disputes clause of 

the contract. 

(p) Authority to add additional items to this EPA language: Paragraph (b) of this EPA language identifies 3 unique 

components contained in the ration. These components are selected based on historical data and may not be included 

in every ration. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due to 

customer requirements, the Contracting Officer may add additional components to the ration. The Contracting Officer 

will show within paragraph (b) the additional components(s). 

(q) Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have 

the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems 

necessary to verify Contractor adherence to the provisions of the clause. 

(r) In the event any applicable market price indicator is not published for any week(s), that week will not be included 

in calculating the base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an 

indicator is not published 4 times, the average of the 48 published prices only will be calculated. When a range of 

prices is provided, for the purposes of the calculations the arithmetic average of the high and low number will be 

calculated to determine the indicator for that period. 

(End of Text) 

E05 Product Verification Testing (SEP 2016) 

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

(PVT) will be performed at a Government-designated testing laboratory. 

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

notified of acceptable PVT results. 

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

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

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

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

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

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

expense and will be included as part of the total contract quantity. The contractor and Government may agree to dispose of 

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

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

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

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

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

 

 

ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS - 

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

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

Government agency having jurisdiction over ascertaining compliance may permit shipment, provided all other requirements of 

the contract are met. The designated Government inspector will select random samples of each lot of end items or component 

material for verification testing until the Contractor's testing system is determined reliable in accordance with paragraph (c) of 

this clause. It is the intent of the Government to rely on Contractor test results to the maximum extent practicable and minimize 

Government verification testing. 

 

(b) Compliance of Product. 

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

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

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

determined based solely on Government test results. In the event the Government detects any irregularities in the Contractor's 

testing system, the designated Government inspector may withhold approval until Government test results indicate products 

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

product is nonconforming, the product shall be withheld from final assembly and subject to return and replacement by the 

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

 

(c) Reliability Conditions. 

 

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

unless the Government agency having jurisdiction has inspected the item produced at the Contractor's plant within the previous 

120 days. Unless otherwise specified in this contract, the Government inspector will select samples randomly from the first three 

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

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

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

(For instance, starting with a group of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next 

samples will be selected from lots 5, 6, 7, 8, 9, or 10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 

13, or 14; and so on.) 

 

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

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

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

Government, and all items shall be inspected by the Government prior to shipment. 

 

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

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

(iii) the Government laboratory test results do not indicate product nonconformance to a statistically significant degree. When 

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

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

 

(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, 
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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.) 

 

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) 

(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) Subcontracts. The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and other 
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similar instruments that exceed the threshold specified in Federal Acquisition Regulation 26.404 on the date of subcontract 

award 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. 

 

 

52.229-12 Tax on Certain Foreign Procurements (JUN 2020) 

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

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means --

(1) A citizen or resident of the United States; 

(2) A domestic partnership; 

(3) A domestic corporation; 

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and 

(5) Any trust if -- 

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and 

(ii) One or more United States persons have the authority to control all substantial decisions of the trust. 

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 

1.5000C-1 through 1.5000C-7. 

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include 

the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving 

Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this 

status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should 

revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different 

exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding 

percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its 

separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign 

Procurements --Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the 

IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the 

contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall -- 

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the 

excise tax withholding under 26 U.S.C. 5000C; and 

(ii) Comply with paragraph (c)(1) of this clause. 

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor 

enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from 

each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 

(rather than completes Lines 10 through 12), 3ontractor must identify and enter the specific exempt and nonexempt amounts in 
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Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS 

Form W-14 and its instructions. 

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption 

claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and 

collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. 

(f) Taxes imposed under 26 U.S.C. 5000C may not be -- 

(1) Included in the contract price; nor 

(2) Reimbursed. 

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a 

transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation 

by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the 

IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to 

https://www.irs.gov/help/tax-law-questions.

 

 

 

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

 

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

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

electronically at this address: 

 

• FAR: ηττπσ://ωωω.αχθυισιτιον.γοπ/φαρ/ινδεξ.ητμλ

• DFARS: ηττπ://ωωω.αχθ.οσδ.μιλ/δπαπ/δαρσ/δφαρσπγι/χυρρεντ/ινδεξ.ητμλ

• DLAD: ηττπ://ωωω.δλα.μιλ/Αχθυισιτιον/∆οχυμεντσ/∆ΛΑ∆%20Ρεπ%205.ητμ

 

 

The following additional clauses are incorporated by reference: 

 

252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 

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

DFARS 

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

2019) 

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

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

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

52.232-17 Interest (October 2010) 

52.242-15 Stop Work Order (Aug 1989) 

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

 

 

 

 

SOLICITATION PROVISIONS 

Note: 52.212-1, Instructions to Offerors --Commercial Items (AUG 2018) is incorporated in this solicitation by reference. 

Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in 

Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.
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Addendum to 52.212-1: 

The following paragraphs of 52.212-1 are amended as indicated below: 

1. Paragraph (b), Submission of Offers.

a. See Standard Form 1449 (Continuation Sheet), on page 3, for any specific instructions on how to submit your offer if 

mailed, hand carried, or faxed (when authorized). 

 

b. [ X ] Facsimile offers are NOT authorized for this solicitation. 

 [ ]Faxed 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. 

 

c. SUBMISSION REQUIREMENTS: 

 

Offerors are required to submit the completed Solicitation, Product Demonstration Models (PDMs), the Pricing proposal, 

Integrated Pest Management Plan (IPM), Food Defense Plan, and the completed Food Defense Checklist. The Food 

Defense Plan (FDP), Food Defense Checklist, and IPM must be separate documents and separate from the completed 

solicitation. A cover letter may accompany the proposal to set forth any information you wish to bring to the attention of the 

solicitation SPE3S1-20-R-0007 to the Government. The Non-Price Proposal must be prepared separately and shall not be 

combined with the Price Proposal. 

 NOTE: If a contractor has previously submitted a Food Defense Plan and the rating was Acceptable, the 

contractor may reference their Quality System Plan and /or Food Defense Plan by the former contract number, and 

evaluation date. Contractors shall include latest plan updates/revisions/changes and submit changes at time of offer 

to the Contracting Officer. 

 

Pricing 

 Offer on each Tier is mandatory. Offering on tier 1 only is basis for rejection of offer. 

Offerors shall complete the unit price and the total dollar value of the estimated quantity of each tier. 

 

For items with EPA, in calculating Total Unit Prices, the Portion Subject to EPA for Tier 1 will be added to the Fixed Price 

Portion for each Tier period to calculate the Total Unit Price of that Tier. Refer to the Economic Price Adjustment to fill out 

Portion subject to Economic Price Adjustment (EPA). 

 

Contracting officer will evaluate acceptability of the price proposal. An acceptable price proposal is one that contains fair 

and reasonable prices. The total estimate contract price shall be determined by multiplying each tier's unit price by the 

estimate annual quantity for each tier and the summing the dollar values of each tier. The offeror with the lowest total 

contract price for five tiers shall be considered the low offer. 

 

 Unit prices shall be limited to two decimal places. For evaluation and award purposes, offers containing a unit price of more 

than two decimal places shall be rounded off to two decimal places. 

 

 Alternate pricing will NOT be accepted. 

 

 

 

 

2. Paragraph (d), Product samples: 

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

 

Product Demonstration Models (PDMs) 
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The Government requires Product Demonstration Models (PDMs) for each item while the solicitation is open. The PDMs 

must be received no later than the time set for closing of offers. Offers will be evaluated to determine compliance with all 

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

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

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

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

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

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

to submit PDMs may result in rejection of an offer. See page 11-12 for submission of PDM.

 

See the “TECHNICAL/QUALITY DATA” section of this solicitation for full technical requirements. 

 

In accordance with clause 52.216-19, Order Limitations, deliveries shall be required within 60 days for all items, except 

Shrimp is 120 days from date of issuance of the delivery order. The Government reserves the right to make any part of the 

proposal a contractual requirement at time of award. 

3. Paragraph (c), Period for Acceptance of Offers.

 Period of acceptance is _180_ days. 

 

4. Paragraph (e), Multiple Offers.

 Alternative commercial items may not be considered for an acquisition, however, may be utilized for market research on 

future requirements. 

 

 5. Paragraph (h), Multiple Awards.

 The Government intends to make one award.

 

 

6. Paragraph (i), Availability of Requirements Documents Cited in the Solicitation. 

 Contact: Ramona Hemphill or Shannon Dempsey, Food Technologists for the applicable specifications described in the 

solicitation at:

e-mail: Ramona.Hemphill@dla.mil or telephone: 215-737-2986 

e-mail: Shannon.Dempsey@dla.mil or telephone 215-737-7802 

 

 

 

 

 

 

 

 

 

 

52.212-3 Offeror Representations and Certifications --Commercial Items (JUN 2020) 

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and 

certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror 

has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) 

through (v)) of this provision. 

(a) Definitions. As used in this provision -- 
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Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on 

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 

51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled 

by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 

CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -- 

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the 

worker does not offer himself voluntarily; or 

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by 

process or penalties. 

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or 

more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but 

are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family 

members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation 

under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except --

(1) PSC 5510, Lumber and Related Basic Wood Materials; 

(2) Product or Service Group (PSG) 87, Agricultural Supplies; 

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence; 

(5) PSC 9410, Crude Grades of Plant Materials; 

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; 

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; 

(8) PSC 9610, Ores; 

(9) PSC 9620, Minerals, Natural and Synthetic; and 

(10) PSC 9630, Additive Metal Materials. 

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed 

from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and 

reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction 

activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability 

and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person 
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(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 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 
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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. 

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor 

under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the 

same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the 

predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern -- 

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any 

publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and 

(2) The management and daily business operations of which are controlled by one or more veterans. 

Women-owned 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 in SAM. 

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.

sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and 

certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications --Commercial Items, 

have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including 

the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted 

and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____. 

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes 

of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and 

complete as of the date of this offer. 

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations 

and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its 
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outlying areas. Check all that apply. 

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. 

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small 

business concern. 

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned 

small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a 

service-disabled veteran-owned small business concern. 

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as 

defined in 13 CFR 124.1002. 

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. 

(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 to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the 

simplified acquisition threshold. 

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned 

business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror 

represents that it □ is, a women-owned business concern. 

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor 

surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) 

amount to more than 50 percent of the contract price: 

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph 
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(c)(1) of this provision.] The offeror represents, as part of its offer, that -- 

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified 

HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership 

and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR 

Part 126; and 

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in 

paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint 

venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint 

venture: ____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate 

signed copy of the HUBZone representation. 

(d) Representations required to implement provisions of Executive Order 11246 -- 

(1) Previous contracts and compliance. The offeror represents that -- 

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this 

solicitation; and 

(ii) It □ has, □ has not filed all required compliance reports. 

(2) Affirmative Action Compliance. The offeror represents that -- 

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action 

programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or 

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and 

regulations of the Secretary of Labor. 

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is 

expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no 

Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or 

employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress 

on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act 

of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and 

submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The 

offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation 

were made. 

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --

Supplies, is included in this solicitation.) 

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product 

and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or 

manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the 

United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the 

component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf 

(COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in 

the clause of this solicitation entitled “Buy American --Supplies.” 

(2) Foreign End Products: 

Line Item No.: 

Country of Origin: 
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(List as necessary) 

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. 

(g)(1) Buy American --Free Trade Agreements --Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy 

American --Free Trade Agreements --Israeli Trade Act, is included in this solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a 

domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have 

been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or 

Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end 

product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end 

product,” and “United States” are defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --

Israeli Trade Act.” 

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, 

Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation 

entitled “Buy American --Free Trade Agreements --Israeli Trade Act” 

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End 

Products) or Israeli End Products: 

Line Item No. Country of Origin 

 

 

 

[List as necessary] 

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this 

provision) as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act.” The 

offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as 

domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the 

definition of “domestic end product.” 

Other Foreign End Products 

Line Item No.: 

Country of Origin: 

(List as necessary) 

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. 

(2) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 

52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic 

provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation 

entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: 

Canadian End Products: 

Line Item No. 

 

 
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(List as necessary) 

(3) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 

52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic 

provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the 

clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: 

Canadian or Israeli End Products: 

Line Item No. 

 

 

 

Country of Origin 

 

 

 

(List as necessary) 

(g)(4) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 

52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic 

provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, 

Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this 

solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: 

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End 

Products) or Israeli End Products: 

Line Item No. Country of Origin 

 

 

 

[List as necessary] 

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this 

solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or 

designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements”. 

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. 

Other End Products: 
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Line Item No. Country of Origin 

 

 

 

[List as necessary] 

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered 

by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the 

restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated 

country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for 

such products are insufficient to fulfill the requirements of the solicitation. 

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to 

exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or 

any of its principals -- 

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts 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 liability is finally determined if it has been assessed. A liability is not finally 

determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the 

liability is not finally determined until all judicial appeal rights have been exhausted. 

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability 

when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. 

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to 

seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the 

taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. 

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a 

notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, 

and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is 

entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is 

not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax 

liability until the taxpayer has exercised all judicial appeal rights. 
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(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 Labor Standards. (Certification by the offeror 

as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it 

subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1)□ Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ 

does not certify that -- 

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are 

sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public 

in the course of normal business operations; 

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4

(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and 

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the 
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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 

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same 

as that used for these employees and equivalent employees servicing commercial customers. 

(3) If paragraph (k)(1) or (k)(2) of this clause applies -- 

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a 

Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon 

as possible; and 

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)

(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. 

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide 

this information to SAM to be eligible for award.) 

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt 

collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and 

implementing regulations issued by the Internal Revenue Service (IRS). 

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's 

relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting 

requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of 

the offeror's TIN. 

(3) Taxpayer Identification Number (TIN).

□ TIN: __________. 

□ TIN has been applied for. 

□ TIN is not required because: 

□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected 

with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying 

agent in the United States; 

□ Offeror is an agency or instrumentality of a foreign government; 

□ Offeror is an agency or instrumentality of the Federal Government. 
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(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 9.108-2(b) applies or the requirement is waived in accordance with the 

procedures at 9.108-4. 

(2) Representation. The Offeror represents that -- 

(i) It □ is, □ is not an inverted domestic corporation; and 

(ii) It □ is, □ is not a subsidiary of an inverted domestic corporation. 

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall 

email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. 

(2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this 

provision, by submission of its offer, the offeror -- 

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the 

government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the 

government of Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which 

sanctions may be imposed under section 5 of the Iran Sanctions Act; and 
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(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction 

that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or 

affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers 

Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/

resource-center/sanctions/SDN-List/Pages/default.aspx). 

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if -- 

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and 

(ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a 

requirement to have a unique entity identifer in the solicitation). 

(1) The Offeror represents that it ☐ has or ☐ does not have an immediate owner. If the Offeror has more than one immediate 

owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision 

for each participant in the joint venture. 

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information: 

Immediate owner CAGE code: ____. 

Immediate owner legal name: ____. 

(Do not use a “doing business as” name) 

Is the immediate owner owned or controlled by another entity: ☐ Yes or ☐ No. 

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or 

controlled by another entity, then enter the following information: 

Highest-level owner CAGE code:____. 

Highest-level owner legal name: ____. 

(Do not use a “doing business as” name) 

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As 

required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 

113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract 

with any corporation that -- 

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been 

exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible 

for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered 

suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect 

the interests of the Government; or 

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding 

agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a 

determination that this action is not necessary to protect the interests of the Government. 

(2) The Offeror represents that -- 
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(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). 

(s) [Reserved] 

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to 

register in SAM (12.301(d)(1)). 

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal 

fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior 

Federal fiscal year. 

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its 

immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes available 

on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting 

standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. 

(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a 

quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce 

absolute emissions or emissions intensity by a specific quantity or percentage. 

(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions 

reporting program. 

(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the 

publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported. 

(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 

2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing 

resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with 

an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal 

confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully 

reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or 

agency authorized to receive such information. 

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 
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(Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure 

Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to 

sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or 

subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a 

designated investigative or law enforcement representative of a Federal department or agency authorized to receive such 

information (e.g., agency Office of the Inspector General). 

(v) Covered Telecommunications Equipment or Services --Representation. Section 889(a)(1)(A) of Public Law 115-232. 

(1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(2) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of 

its offered products or services to the Government in the performance of any contract, subcontract, or other contractual 

instrument. 

(End of provision) 

Alternate I (OCT 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) 

__ Black American. 

__ Hispanic American. 

__ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). 

_Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, 

Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, 

Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, 

Tonga, Kiribati, Tuvalu, or Nauru). 

__ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the 

Maldives Islands, or Nepal). 

__ Individual/concern, other than one of the preceding. 

(End of provision) 

 

52.215-6 Place of Performance (Oct 1997) 

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, intends, does not intend [check 

applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or 

respondent as indicated in this proposal or response to request for information. 

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the 

required information: 

Place of Performance(Street Address, City, State, County, Zip Code) Name and Address of Owner and Operator of the 

Plant or Facility if Other Than Offeror or Respondent

 

(End of Provision) 
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Addendum 

 

 

The following additional provisions are set forth in full text: 

 

 

52.216-1 TYPE OF CONTRACT (APR 1984) 

 

The Government contemplates award of an Indefinite Delivery/Quantity Contract containing Firm Fixed Prices and Firm Fixed 

Price with Economic Price Adjustment resulting from this solicitation. 

 

52.229-11 Tax on Certain Foreign Procurements --Notice and Representation (JUN 2020)

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is 

for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement 

agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means --

(1) A citizen or resident of the United States; 

(2) A domestic partnership; 

(3) A domestic corporation; 

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and 

(5) Any trust if -- 

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and 

(ii) One or more United States persons have the authority to control all substantial decisions of the trust. 

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person 

receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7. 

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would 

claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, 

Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/

w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the 

imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a 

contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS. 

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that -- 

(1) It [__]is [__]is not a foreign person; and 

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that --I am claiming on the IRS 

Form W-14 [____] a full exemption, or [____] partial or no exemption [Offeror shall select one] from the excise tax. 
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(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then -- 

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and 

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, 

exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment. 

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror 

will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any 

resulting contract. 

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a 

transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation 

by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the 

IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to 

https://www.irs.gov/help/tax-law-questions.

 

 

 

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): https://www.acquisition.gov/content/regulations

 

 

The following additional provisions are incorporated by reference: 

 

 

PROVISION NUMBER TITLE/DATE 

 

 

FAR 52.209-7 Information Regarding Responsibility Matters - FEB 2012 

 

DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country - JAN 2009 

 

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran --Representation 

and Certification - DEC 2012 

 

FAR 52.227-1 Authorization and Consent - Dec 2007 

 

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement - DEC 2007 

 

PROCUREMENT NOTES: 

 

L06 - Agency Protests (DEC 2016) 

Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief 

of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and 

is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. 

Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be 
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presumed to be protests to the contracting officer. 

 

 

L09 - Reverse Auction (OCT 2016) 

The Contracting Officer may utilize reverse auctioning to conduct price discussions. If the Contracting Officer does not conduct 

a reverse auction, award may be made on initial offers or following discussions. If the Contracting Officer decides to use line 

reverse auctioning to conduct price negotiations, the Contracting Officer will notify Offerors of this decision and the following 

applies: 

(1) The contracting officer may use reverse auction as the pricing technique during discussions to receive the final offered prices 

from each offeror. 

(2) During each round of reverse auction, the system displays the lowest offer price(s) unless the auction instructions are 

different. All offerors and authorized auction users see the displayed lowest price(s). This disclosure is anonymous and a generic 

identifier displays for the offeror. Generic identifiers include designators such as “offer A” or “lowest-priced offeror.” By 

submitting a proposal in response to the solicitation, offerors agree to participate in the reverse auction and that their prices may 

be disclosed, including to other offerors, during the reverse auction. 

(3) An offeror's final auction price at the close of the reverse auction is considered its final price proposal revision. No price 

revisions will be accepted after the close of the reverse auction, unless the contracting officer decides that further discussions are 

needed and final price proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307, 

or the contracting officer determines that it would be in the best interest of the Government to re-open the auction. 

(4) The contracting officer identifies participants to the DLA commercial reverse auction service provider. To be eligible for 

award and participate, the offeror must agree with terms and conditions of the entire solicitation and the commercial reverse 

auction service. The reverse auction pricing tool system administrator sends auction information in an email. The reverse auction 

system designates offers as "lead," meaning the current low price in that auction, or "not lead," meaning not the current low price 

in that auction. In the event of a tie offer, the reverse auction provider's system designates the first offer of that price as "lead" 

and the second or subsequent offer of that price as "not lead." If a tie offer is submitted and no evaluation factors other than price 

were identified in the solicitation or a low-price technically acceptable source selection is being used, the "Not Lead” offeror that 

submitted the tie offer must offer a changed price; otherwise its offer will be ineligible for award. If evaluation factors in 

addition to price were listed in the solicitation and a tradeoff source selection is being used, tie offers that are "Not Lead" will be 

considered and evaluated. 

(5) Offerors unable to enter pricing through the commercial reverse auction service provider's system during a reverse auction 

must notify the contracting officer or designated representative immediately. The contracting officer may, at their sole 

discretion, extend or re-open the reverse auction if the reason for the offeror's inability to enter pricing is determined to be 

without fault on the part of the offeror and outside the offeror's control. 

(6) Training. The commercial reverse auction service provider or government representative conducts training for offerors. 

Offerors receive training through written material, the commercial reverse auction service provider's website, or other means. 

Trainers name employees successfully completing the training as a “Trained Offeror.” Only trained offerors may engage in a 

reverse auction. The contracting officer reserves the right to remove the “trained offeror” title from anyone who fails to obey the 

solicitation or commercial reverse auction service provider terms and conditions. 

 

 

GENERAL INSPECTION REQUIREMENTS - DLA TROOP SUPPORT - SUBSISTENCE 

For all Operational Rations food components (MRE, MCW/LRP, Polymeric Tray Items, UGR, etc.), inspection shall be 

Contractor Paid USDA, AMS, FV, PPB inspection in accordance with the below General Inspection Requirements, unless 

otherwise specified by this solicitation/contract. The regulations, file codes, etc. of the respective agency are applicable to the 

contract in conjunction with the quality assurance requirements of the contract. Optional contractor testing is specified in 

accordance with the below Alternative Inspection Requirements for Selected Items. 

When permitted by the applicable food component specification, a Certificate of Conformance (COC) for ingredients shall be 

provided in accordance with FAR Clause 52.246-15 Certificate of Conformance. 

GENERAL INSPECTION REQUIREMENTS 

a) Inspection. 
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(1) The Contractor shall employ the services of the U.S. Department of Agriculture (USDA), Grain Inspection, Packers 

and Stockyard Administration (GIPSA) or Agricultural Marketing Service (AMS) or U.S. Department of Commerce 

(USDC), National Marine Fisheries Service (NMFS) to accomplish origin inspection (examination and testing) and 

sampling as required herein and in the applicable commodity specifications. The Contractor shall bear all expenses 

incident thereto, including costs of samples and all associated costs for preparation and mailing. Costs shall be 

assessed in accordance with the Government laboratory testing charges for individual test characteristics and number 

of tests required by the specification or contract. A list of fees may be obtained from the appropriate inspection 

activity. The Contractor shall furnish the Government grader/inspector a copy of the complete contract and supporting 

contractual documents (i.e., individual solicitation, contract modifications, waivers, and referenced specifications). 

Offerors may contact the appropriate Government office to discuss inspection procedures prior to submitting offers; 

however, nothing provided thereby shall be construed to alter the applicable specification in any manner or to reduce 

the responsibility of Contractor to comply with such specifications.

(2) The Contractor shall take action to correct or replace nonconforming supplies.

(3) The Government will perform an inspection at destination for identity, condition and quantity. If there is 

evidence that the supplies do not conform with contract requirements, the inspector shall report the findings of his 

inspection to the appropriate DLA Troop Support office (Operational Rations Business Unit, Food Services 

Business Unit, Produce Business Unit, Food Safety Office, etc.). The applicable DLA Troop Support office shall 

report the findings to the Contracting Officer or the Ordering Officer, who shall in turn notify the Contractor.

(4) Supplies will be rejected when any evidence of insect activity (live or dead in any stage of development) or 

rodent activity/ contamination is found in or on product, packaging, packing or unitization.

(5) Nonconforming supplies rejected at origin will not normally be accepted by the Government. However, the 

Contractor may elect to petition the Contracting Officer in writing to grant a waiver of the contract requirements 

for which supplies have been found nonconforming, and to accept the supplies “as is” with appropriate price 

consideration.

(6) The Contractor shall furnish all inspection gauges, instruments, scales, tools or other material required by the 

designated Government inspection activity to complete the necessary inspection. The Government inspector will 

insure that the Contractor has had such gauges, instruments, scales, tools, or other material required to complete 

inspection properly calibrated and, if necessary, certified. When required by the contract/solicitation the Government 

inspector will collect insect specimens from plant production and storage areas and submit the specimens to the 

nearest military entomological laboratory for identification. When the collection of insects is required, the Contractor 

shall be responsible for supplying and installing specified insect monitoring devices required to accomplish this task.

(b) Standby Test Samples.

The Government reserves the right to withdraw and hold standby samples of components or finished products or both (the 

quantity of which shall be not more than twice that required by the specification) for inspection purposes. Samples not used 

will be returned to the Contractor. 

(c) USDA and USDC Certificates.

(1) Inspection by USDA, AMS, Fruit and Vegetable Division, Poultry Division or Dairy Division: When DD 

Form 250, Material Inspection Receiving Report (MIRR), is not used, the Contractor shall obtain official 

USDA inspection certificate, which shall:

(i) Contain the following statement in the grade section of the certificate:

(A) Supplies listed hereon conform to all quality requirements of the contract.

(B) Container condition meets all requirements of the contract.

 

(C) Visual examination indicates conformance to packaging, packing, unitization, labeling and marking 
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requirements of the contract. 

(ii) Indicate that supplies shipped are those inspected. This may be satisfied by means of one of the following: 

(A) Each primary container must be embossed, stamped or stenciled with a code mark prior to 

inspection, which corresponds with the code marks listed on the USDA grade certificate.

(B) The USDA grade certificate bears a statement that all of the shipping containers comprising the 

inspection lot have been stamped with the official USDA stamp impression.

(C) The USDA certificate of loading, if issued, bears a cross-reference to the applicable USDA inspection 

document.

(iii) Indicate that the contractor has furnished a certificate of conformance for packaging, packing, labeling, 

marking and unitization materials.

(iv) Indicate the random samples of packaging, packing, labeling, marking and unitization materials, where 

applicable, have been selected by the inspector.

(v) Indicate the applicable contract or order number.

(2) Inspection by USDA, AMS, Livestock, Meat, Grain and Seed Division: For all shipments, whether DD Form 250 

(MIRR) is required or not, the Contractor shall obtain a USDA agricultural products acceptance certificate (Form LS 

5-3), which shall contain the information specified in paragraph (c)(1). The Contractor shall also include the applicable 

lot number(s).

(3) Inspection by USDA, GIPSA, Field Management Division: When DD Form 250 (MIRR) is not required, the 

Contractor shall obtain an official USDA inspection or examination certificate, as appropriate. In addition to the 

entries required by the GIPSA, the certificate shall contain the following certification: “Supplies listed hereon conform 

to all quality and condition requirements of the contract”.

(d) Distribution of Certificates. Copying machine duplicates of USDC certificates and USDA certificates other than 

USDA Form LS 5-3 are not acceptable. Copying machine duplicates of USDA Form LS 5-3 are acceptable only as 

provided in paragraph (2) and (3) below. Copying machine duplicates of the original signed DD Form 250 are 

acceptable. In addition to the prohibited use of copying machine duplicates, USDC certificates must also be embossed 

with the official seal of the USDC. The contractor shall distribute certificates as follows:

(1) When DD Form 250 (MIRR) signed by the inspector is provided, a copy of the USDA/USDC inspection certificate 

need not be furnished to the designated paying office. (Exception: When the contract or specification provides for 

acceptance of product with a price adjustment to the contractor'' invoice, e.g., excess fat in ground beef, the original 

signed USDA/USDC inspection certificate must be attached to the top of the commercial invoice which is submitted to 

the designated paying office.)

(2) When DD Form 250 (MIRR) is not required, the original signed USDC inspection certificate or USDA inspection 

certificate other than USDA Form LS 5-3 must be attached to the top of the commercial invoice, which is submitted to 

the designated paying office. When the services of the USDA, AMS, Livestock, Meat, Grain and Seed Division are 

employed, the original signed USDA Form LS 5-3 or a copying machine duplicate of the original form LS 5-3 with an 

original signature must be attached to the top of the commercial invoice which is submitted to the designated paying 

office.

(3) As appropriate for any shipment, one blue or green signed copy of the original USDA Fruit and Vegetable Division 

certificate; one green or yellow carbon copy of the original signed USDA, AMS Dairy Division or Poultry Division 

certificate; one copy of the original signed USDA, GIPSA or USDC certificate; one copy of the original signed USDA 

Form LS 5-3 or a copying machine duplicate of the original USDA Form LS 5-3 with an original signature shall 

accompany each shipment to each destination and be marked ATTN: Subsistence Inspector

(4) In the event the Contractor does not include appropriate certificate(s) with each shipment to each destination as 

required, the Government reserves the right to arrange for government grading/inspection and certification at 

destination at the Contractor's expense.
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(e) Lot Identification. The Contractor shall code or distinctively mark by embossing, stamping, printing or stenciling 

each shipping container for every lot of supplies offered for acceptance so as to identify the lot from any other lot 

produced by the Contractor. Under both in-process (on line) and stationary lot inspections, the maximum lot size, 

unless otherwise specified in the contract, shall be defined by the assigned inspection agency.

(f) Particular Inspection Requirements.

(1) Primary Containers: Examination of primary containers for external condition and labeling shall be in accordance 

with the U.S. standards for condition of food containers, except that when requirements are contained in the 

specification, examination shall be performed in accordance with that specification. When additional requirements are 

specified in the specification, examination for these requirements shall be in accordance with the specification.

(2) Unit Loads: Examination of unit loads shall be in accordance with DLA Troop Support Form 3507.

 

(3) All Other: Examination shall be in accordance with the specification.

 

 (End of Text) 

 

 

TQ STO RQ011 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES 

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

representation that the end item or any part of it has been produced or manufactured for the United States Government. Removal 

or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. 

(End of TQ Requirement) 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix A: Letter of Instruction #1 

 

PORK CHOPS 

 

This letter of instruction serves as direction for the inspection of dehydrated pork chops. The reference PCR-P-039 

will be used to examine dehydrated pork chops; however, replace section “E5 Quality Assurance Provision (Product); 

A. Product Examination” in PCR-P-039 with the following: 

A. Examination of frozen pork chops. Classification of defects for frozen pork chops, prior to dehydration, shall be in 

accordance with Table I. Lot size shall be expressed in terms of pounds (lb). The sample unit for the examination 

shall be one pork chop. The sample size shall be the number of sample units indicated by inspection level I. The 

acceptable quality level (AQL), expressed as defects per hundred units, shall be 1.5 for Major defects and 4.0 for 

minor defects. 
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 TABLE I. Examination of frozen pork (prior to dehydration) 1/ 2/ 

Category Defects 

 Major Minor 

101 Blood clots or bruises larger than 1⁄4 inch (6.4 mm) in any dimension. 

102 Bone or bone fragment measuring more 0.3 inch (7.6 mm) in any dimension. 

 103 Surface fat exceeds 1⁄4 inch (6.4 mm) average thickness or exceeds 3/8 (9.5 mm) inch at 

any point. 3/ 

 104 Fat on the flat surface of the chop (surface formed in cutting chop from boneless loin) 

measures more than 3/8 inch (9.5 mm) in width and 3⁄4 inch (19.1 mm) in length 

on both surfaces. 4/ 

 105 Fat on the flat surface measures more than 3/8 inch (9.4 mm) in width and more than 3⁄4 

inch (19.1 mm) in length on either surface. 

 201 Cuts or splits penetrate the lean meat more than 1⁄4 inch (6.4 mm) 

 

 TABLE I. Examination of frozen pork (prior to dehydration) 1/ 2/ (cont'd) 

 Category Defects 

 

Major Minor 

 202 Individual chops weigh more than 2-5/16 ounces (65.6 g) or less than 1-11/16 ounces (47.8 g). 

 

 203 Individual chops not approximately circular in shape. 

 

 204 Edge crevices of individual chops extend more than 3⁄4 inch 

 (19.1 mm) toward the center. 

 

 205 Individual chops not sliced perpendicular to the long axis of the loin. 

 

 206 Protruding ligaments, or blood vessels larger than 1/8 inch 

 in diameter. 

 

 207 Opaque connective tissue (on any chop surface) in excess 

 of 1⁄4 in2 ( 161.3 mm2). 

 

 208 Tag end measuring 1.0 inch (25.4 mm) or more in any dimension. 5/ 

 

 209 Thickness of individual chops not 3/8 inch (9.4 mm) 

 ± 1/16 inch (1.6 mm). 

 

 

1/ The fresh pork chops shall be USDA certified NAMP Item No's. 410, 411, 412 or 413. Product not accompanied 
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by a USDA certificate shall be cause for rejection of the lot. The fresh/frozen pork chop shall be certified against the 

letter of instruction at the processors plant prior to arriving at the dehydration plant.

2/ All linear measurements shall be reported to the nearest 1/16 inch. 

3/ Bridging, not exceeding one inch (25.4 mm) in length is permitted. 

4/ Defect shall be on both major surfaces before it is recorded. 

5/ A “tag” is a loose piece of tissue 1.0 inch (25.4 mm) or longer which is attached at one end to a chop. 

 

Examination of end item pork chops. Classification of defects found during examination shall be in accordance with 

table IB. The lot size shall be expressed in cans. The sample unit shall be the contents of one can. The inspection 

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

shall be 1.5 for major defects and 6.5 for minor defects.

 

 

TABLE IB. End Item Examination 1/ 2/ 

 Category Defects 

Major Minor Dehydrated product 3/

 101 Product not dehydrated uncooked pork chops. 

 102 Glazed areas more than 1/2 inch (12.7 mm) in any dimension or dark-colored cores of any 

dimensions. 4/ 

 103 Presence of wet or soft spots indicating incomplete dehydration. 

 201 Dehydrated product not a fresh pork color. 

 202 Dehydrated product does not have an uncooked pork odor. 

 203 Less than 95 percent of the container net weight consists of whole intact pork chops weighing 

0.50 to 0.75 ounce each. 

 Net weight

 204 The net weight of an individual can is less than 19.25 ounces. 5/ 

 Rehydrated uncooked product 6/ 7/

 104 Overall appearance not of fresh, uncooked pork chops. 
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 105 Pork chops do not remain intact after rehydration. 

 106 Product does not have the odor of fresh uncooked pork chops. 

 Rehydrated cooked product 8/

 107 Rehydrated cooked pork chop has unrehydrated spots larger than 1/8 inch in any 

dimension. 9/ 

 Odor and flavor

 108 Not cooked, browned, pork and pork fat odor or flavor. 

 Texture

 205 Not tender or not chewy or not slightly fibrous. 

 

 

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

foreign odors or flavors such as, but not limited to burnt, scorched, rancid, sour, or stale shall be cause for rejection of the lot. 

Foreign flavor not applicable to dehydrated product. 

 

2/ Finished product not equal to or better than the approved product standard in palatability and overall appearance shall be 

cause for rejection of the lot. Palatability not applicable to dehydrated product. 

 

3/ The sample unit shall be five chops from each container except that for defect 203 the sample unit shall be the entire contents 

of the can. 

 

4/ Glazed areas caused by surface blood shall not be scored a defect. 

 

5/ Average net weight less than 20.00 ounces shall be cause for rejection of the lot. 

 

6/ For the purpose of this examination, only one chop per sample unit shall be rehydrated. 

 

7/ Rehydrate in an excess of water at a temperature of 70° to 100°F for 20 minutes. 

 

8/ The rehydrated cooked pork chop shall be cut through twice at right angles. Since gristle, gelatinous material, and connective 

tissue frequently tend to impede proper rehydration, callous-like areas ascribable to these conditions shall not be considered 

evidence of improper rehydration. 

 

9/ When the product is rehydrated in an excess of water at a temperature of 70° to 100°F for 20 minutes, drained, and grilled for 

2 minutes per side on a 375°F grill, the resulting product shall have flavor, odor, and texture considered normal for grilled frozen 

pork chops. 

 

NOTE: Suspect dehydrated chops removed from the processing line prior to can filling is considered normal quality control 

actions and does not require a waiver request. 

 

 

 
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Appendix B: Letter of Instruction #2 

DEHYDRATED PORK CHOPS- FATTY AND/OR WET SPOTS 

This letter of instruction serves as direction for the scoring of dehydrated pork chops with "fatty" or "wet" spots associated with 

fat. As clarification to reference PCR-P-039 and Letters of Instruction dated 29 August 2013 and 12 August 2014, which are 

used to in the inspection of this item, "fatty" or "wet" spots associated with areas of fat in dehydrated pork chops will not be 

considered as scorable evidence of incomplete dehydration. "Wet" as defined in the realm of this direction consists of a small 

amount of liquid with a greasy or oily feel coming from a fat area. Pork chops that exhibit evidence of incomplete dehydration 

shall continue to be scored as appropriate, (e.g., as major defect 103) according to the specifications and letter of instructions. 

This instruction is to clarify that dehydrated pork chops exhibiting "fatty" or "wet" spots associated with fat areas as described 

above are not to be considered scorable as incomplete dehydration. 

 

 

 

SECTION I - CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

 

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

 

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY 

KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) FAR

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

Covered article means any hardware, software, or service that --

(1) Is developed or provided by a covered entity; 

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or 

(3) Contains components using any hardware or software developed in whole or in part by a covered entity. 

Covered entity means --

(1) Kaspersky Lab; 

(2) Any successor entity to Kaspersky Lab; 

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or 
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(4) Any entity of which Kaspersky Lab has a majority ownership. 

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits 

Government use of any covered article. The Contractor is prohibited from -- 

(1) Providing any covered article that the Government will use on or after October 1, 2018; and 

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the 

contract. 

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, 

or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting 

Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor 

shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of 

the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. 

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: 

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; 

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler 

number); item description; and any readily available information about mitigation actions undertaken or recommended. 

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about 

mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or 

submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be 

incorporated to prevent future use or submission of covered articles. 

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including 

subcontracts for the acquisition of commercial items. 

(End of clause)

 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

 

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

INFORMATION (OCT 2016) DFARS

 

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) FAR

 

52.232-25 PROMPT PAYMENT (JAN 2017) FAR

 

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

 

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS

 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

 

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2020) FAR

 

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

(DEC 2019) DFARS

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (AUG 2019) FAR

 

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019) FAR

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services”. 
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(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part 

of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)

 

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (DEC 2019) FAR

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications 

equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other 

contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the 

provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. 

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

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in 

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

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of 

an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, 

system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical 

technology as part of any system. Contractors are not prohibited from providing -- 

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such 

equipment transmits or otherwise handles. 

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in 

the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. 

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, 

the Offeror shall provide the following information as part of the offer -- 

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment 

manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); 

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use 

would be permissible under the prohibition in paragraph (b) of this provision; 

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and 

Government Entity (CAGE) code, if known); and 

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, 

and whether the entity was the OEM or a distributor, if known). 

(End of provision)

 

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

L06 AGENCY PROTESTS (DEC 2016)