SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000114795

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-21-Q-0002

5. SOLICITATION NUMBER

2021 MAR 31

6. SOLICITATION ISSUE 

 DATE

Jennifer Dam PSPTRA3

a. NAME

Phone: 215-737-7898

b. TELEPHONE NUMBER (No Collect

 calls)

2021 APR 30

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

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

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311911

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 73
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 73 PAGES

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SPE3S1-21-Q-0002

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 

4 Contractor Code of Business Ethics 4 

6 Continuation of Blocks from the Standard Form 1449 

6 Block 8, Offer Due Date/Local Time 

6 Block 9, Issue By 

 

8 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 Samples (PS) Information 

12 Item Descriptions and Specification Data 

Contract Clauses 

22 52.212-4 Contract Terms and Conditions - Commercial Items 

 (by reference, see SF 1449, Block 27a) 

22 Addendum to 52.212-4 

26 52.212-5 Contract Terms and Conditions Required to Implement 

 Statutes or Executive Orders - Commercial Items 

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

31 52.211-16 Variation in Quantity 

31 52.216-19 Order Limitations 

32 52.216-22 Indefinite Quantity 

34 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations 

35 52.252-2 Clauses Incorporated by Reference 

Solicitation Provisions 

35 52.212-1 Instructions to Offerors - Commercial Items, (by reference) 

39 Addendum to 52.212-1 

40 52.212-2 Evaluation - Commercial Items 

41 52.212-3 Offeror Representations and Certifications - Commercial Items, Alternate I 

56 52.215-6 Place of Performance 

56 52.216-1 Type of Contract 

57 52.252-1 Solicitation Provisions Incorporated by Reference 

58 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 

58 52.225-25 Prohibition on Contracting With Entities Engaging in Certain 

 Activities or Transactions Relating to Iran - Representation and Certification 
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SPE3S1-21-Q-0002

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

Procurement Notes 

58 L06 Agency Protests 

 

58 L09 Reverse Auction 

 

CAUTION NOTICES 

 

 

"This acquisition is being processed under the authority of FAR 13.5, 'Test Program for Certain Commercial Items' and 

therefore will utilize simplified procedures for soliciting competition, evaluation, and award documentation and notification that 

comply with FAR 13.1." 

The subject procurement is being solicited as unrestricted. Solicitation SPE3S1-21-Q-0002 is for Peanut Butter and Jelly, 

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

 

 

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 
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SPE3S1-21-Q-0002

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

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

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

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

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

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

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

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

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

 

 

WIDE AREA WORKFLOW 

 

ALL SUPPLIERS ARE REQUIRED TO PROCESS INVOICES ELECTRONICALLY THROUGH WIDE AREA 

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

transfer. WAWF allows government vendors to submit and 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 
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SPE3S1-21-Q-0002

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

 

c. PLACE OF PERFORMANCE 

 

Please submit the following identification numbers: 

 

CAGE CODE: _____________________ DUNS#:___________________________________ 

 

 

 

SYSTEM FOR AWARD MANAGEMENT (FORMERLY CENTRAL CONTRACTOR REGISTRATION) 

 

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

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

procurement and awards processes. ALL VENDORS MUST REGISTER OR UPDATE THEIR PROFILE IN THE 

“SYSTEM 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: ____April 30, 2021 at 3:00 P.M. (EST) Philadelphia Time___________________ 

 

2. Block 9

 

 › Address and Submit “mailed” offers to: 

 Defense Logistics Agency 

 DLA Troop Support 

 Post Office Box 56667 

 Philadelphia, PA 19111-6667 

 Solicitation Number: SPE3S1-21-Q-0002 

Opening/Closing Date and Time: _ April 30, 2021 at 3:00 P.M. (EST) Philadelphia Time 

 

 

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

(See COVID-19 Notice below for revised location and hours), Monday through Friday, except for legal federal holidays 

as set forth in 5 USC 6103, and except on the closing date of this solicitation, in which case delivery must be made by the 

time set for receipt of offers. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” 

the package to the Business Opportunities Office (See COVID-19 Notice below for revised location and hours) 

specified above for hand carried offers prior to the scheduled closing time above. 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. 

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. 

Offerors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid Room) is 
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SPE3S1-21-Q-0002

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

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) 737-7382, (215) 737-0317, or (215) 737-8556 (See COVID-19 Notice below for revised location and 

hours). 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 that the 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. 

 

COVID-19 NOTICE: 

DUE TO COVID-19, THE BID ROOM WILL NOT ACCEPT ANY PROPOSAL SUBMISSIONS AND INPERSON DELIVERIES BY A CONTRACTOR ARE NOT AUTHORIZED UNTIL FURTHER NOTICE. INPERSON DELIVERIES MAY BE MADE BY COMMERCIAL CARRIER; HOWEVER, OFFERORS ARE 

CAUTIONED THAT THE ON-BASE MAILROOM ACCEPTING THOSE DELIVERIES IS OPEN ONLY 

FROM 8:00 AM ET TO 11:00 AM ET MONDAY THROUGH FRIDAY (ASIDE FROM FEDERAL HOLIDAYS). 

ANY DELIVERIES RECEIVED OUTSIDE OF THOSE HOURS WILL BE REJECTED. IT IS SOLELY THE 

OFFEROR'S RESPONSIBILITY TO ENSURE ITS PROPOSAL IS RECEIVED BY THE DATE AND TIME 

SPECIFIED GIVEN THE LIMITATIONS OF DLA TROOP SUPPORT'S RECEIVING OFFICE : 

ATTN: JENNIFER DAM AND NOREEN KILLIAN DEFENSE LOGISTICS AGENCY DLA TROOP SUPPORT 

POST OFFICE BOX 56667 PHILADELPHIA, PA 19111-6667 

 

1. Facsimile offers are not acceptable forms of transmission of initial proposals or revisions to initial proposals. E-mail 

offers are acceptable, and the suggested form of transmission, for submission of initial proposals except for the initial 

Product Samples. E-mail offers should be sent to the Contract Specialist, Jennifer Dam (Jennifer.dam@dla.mil) and the 

Contracting Officer, Noreen Killian (Noreen.killian@dla.mil). 

 

2. Although e-mail offers are acceptable, all Product Samples must be delivered to the location identified in 52.212-1, 

Instructions to Offerors by the date and time set for receipt of proposals. Note: Offerors are advised that DLA Troop 

Support systems have certain email size and transmission limitations. Proposal submissions must be prepared 

accordingly. Individual email attachments should not exceed 5MB in size, and no individual email should exceed more 

than 10 MB per email (multiple email submissions may be necessary). When submitting multiple emails as a 

submission, label each email with a number (e.g., 1 of 8), accordingly. After transmitting an email submission, offerors 

should confirm receipt of all emails with the intended recipients. It is an offeror's responsibility to ensure its entire 

proposal is received by the date and time specified; emails must be transmitted in sufficient time to ensure and confirm 

receipt by the Government. Offerors are advised that DLA Troop Support's email system may rely on several different 

servers and/or security firewalls. As a result, there may be a lag time between the date/time stamp the offeror sends an 

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

of establishing the timeliness of a proposal, only the date/time indicated by the authorized email address as having been 

received will be used. Any offer that is received by the authorized email address with a date/time stamp after the 

closing date/time of the subject solicitation will be considered late, regardless of the date/time when the email was sent 

or when initially received by Government servers. Late proposals will not be accepted or considered. As directed by 

the Contracting Officer, e-mail may also be used during discussions/negotiations, if discussions/negotiations are held, 

and for proposal revision(s), including Final Proposal Revision(s). The Contract Specialist, Jennifer Dam (Jennifer.

Dam@dla.mil) and the Contracting Officer, Noreen Killian(Noreen.killian@dla.mil) may receive the e- mailed 

proposal revisions. If and when a request for proposal revision is issued, the date and time for receipt of proposal 

revisions, will be designated in that request. Note: Submission of proposals through the upload capability in DIBBs is 

prohibited. 

 

OFFERORS SHOULD RETURN ALL PAGES OF THE SOLICITATION ALONG WITH PROPER SIGNATURES. 
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SPE3S1-21-Q-0002

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

 

3. Block 15

 

Required delivery dates shall begin within 60 days after issuance of each delivery order. Delivery quantities shall be provided 

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

 

W62GT 

W1BG DLA Distribution 

25600 S Chrisman Road 

Rec Warehouse 30 - UGR 

Tracy, CA 95304-5000 

United States 

 

Please note: appointments must be scheduled prior to making all deliveries by calling 209-839-5597 or email to 

DDJCUGRLeaders@dla.mil, at least 24 hours prior to delivery to schedule appointments. 

 

Contractor-paid USDA AMS inspection shall take place at Origin and Acceptance is at Destination. Government 

inspection will be at destination for identity, count, and condition for all terms and conditions of the contract.

 

 

4. Block 17a

 

 › Offeror's Data Universal Numbering System (DUNS) Number: ________________________ 

 

 › Offeror's Contractor and Government Entity (CAGE) Code: _________________________

 

 › Offeror's: Fax Number(s): _____________________________________________ 

 

 Email Address(s): _________________________________________ 

 

5. Block 17b

 

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

 ________________________________ 

 ________________________________ 

 ________________________________ 

 

 

 AUTHORIZED NEGOTIATORS: 

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

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

 emails for each authorized negotiator. 

 _____________________________________________________________________________________ 

 _____________________________________________________________________________________ 

 

 

 

6. Block 19 - 22

 

SCHEDULE OF SUPPLIES:

CLIN 0001 

 NSN: 8930-01-396-4009 Peanut Butter and Grape Jelly, Twin Pack 
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SPE3S1-21-Q-0002

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

 

PEANUT BUTTER AND JELLY, twin pack, peanut butter, smooth, stabilized, unfortified, equivalent to US Grade A or B or 

Fancy, Quantity 1.12 oz. plastic pouch, and Jelly, Grape (Concord), US Grade A, 1 oz. plastic pouch, common sides of twin 

pack pouches to be perforated for easy separation, 12 units per intermediate plastic bag (For Unitized Group Ration). 

 

 

 Est. Annual Qty. Unit of Issue Offer Unit Price Total Dollar Value 

 

Tier 1 * 107,520 BG $____________ $_______________ 

Tier 2 * 107,520 BG $____________ $_______________ 

 

Minimum for 2-year period is: 21,504 BG 

Maximum for 2-year period is: 322,560 BG 

 

*Offer on each Tier is mandatory. See FAR 52.216.

 

CLIN 0002 

 NSN: 8930-01-436-1912 Peanut Butter and Strawberry Jam, Twin Pack

 

PEANUT BUTTER AND JAM, twin pack, peanut butter, smooth, stabilized, unfortified, equivalent to US Grade A or B or 

Fancy, Quantity 1.12 oz. plastic pouch, and Jam, Strawberry, US Grade A, 1 oz. plastic pouch, common sides of twin pack 

pouches to be perforated for easy separation, 12 units per intermediate plastic bag (For Unitized Group Ration). 

 

 Est. Annual Qty. Unit of Issue Offer Unit Price Total Dollar Value 

 

Tier 1 * 107,520 BG $_____________ $______________ 

Tier 2 * 107,520 BG $_____________ $______________ 

 

Minimum for 2-year period is: 21,504 BG 

Maximum for 2-year period is: 322,560 BG 

 

*Offer on each Tier is mandatory. See FAR 52.216.

 

The shelf life requirement of these items is 24 months. 

 

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. 

 

This is an “All or None” offers solicitation. Offerors are required to offer on both items and both tiers of each item, otherwise 

the offer will be considered non-responsive. 

 

 

 

 

(End of Continuation of Blocks from SF 1449) 

 

 
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SPE3S1-21-Q-0002

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

 

STATEMENT OF WORK 

 

I. INTRODUCTION 

 

A. DLA Troop Support intends to enter into a Firm-Fixed Price Indefinite Delivery Purchase Order (IDPO) to provide 

Peanut Butter and Jelly Twin Pack to be used as critical components in the Unitized Group Ration Heat & Serve and M 

Programs. 

 

B. The resulting contract will be a two (2) year contract, consisting of two 365-day Tier Periods. 

 

TIER 1: Date of award through 365

TIER 2: Day 366 through day 731

 

NOTE: Deliveries might fall outside of effective period

 

An offer on both tiers is mandatory. Quotes that do not contain pricing for both tiers could result in a rejection of the entire 

proposal. 

 

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 

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

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

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

availability of components, materials, machinery and tooling.

II. GUARANTEED MINIMUM/MAXIMUM 

 

1. The quantities shown in the schedule represent the Minimum and Maximum 

 quantities that will/may be ordered over the ordering period. 

 

 NSN: 8930-01-396-4009 Peanut Butter and Grape Jelly, Twin Pack

 

 The estimated quantity will be 107,520 bags per year

The contract minimum quantity will be 21,504 bags for the two-year period. 

The contract maximum quantity will be 322,560 bags for the two-year period. 

 

 NSN: 8930-01-436-1912 Peanut Butter and Strawberry Jam, Twin Pack 

 

The estimated quantity will be 107,520 bags per year. 

The contract minimum quantity will be 21,504 bags for the two-year period. 

The contract maximum quantity will be 322,560 bags for the two-year period. 

 

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

 

 

 

III. CONTRACTING AUTHORITY 
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

 

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. 

 

IV. 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. 

 

 

V. QUOTES: 

Due to the time sensitive nature of this UGR Component, quotes received after closing will NOT be considered. 

 

TECHNICAL/QUALITY DATA 

 

 

TECHNICAL/QUALITY DATA 

 

I. Product Samples 

The Government requires Product Samples (PSs) for each item while the solicitation is open. The PSs must be received no later 

than the time set for closing of offers. Offerors must respond to the request for samples via e-mail within 48 hours and provide 

the transit tracking number for the corresponding shipment. All offerors must provide product samples within 7 days after date 

of request. Failure to do so may result in an unsuccessful quote. 

Product Samples are to be submitted at no expense to the Government and must be received prior to the time set for closing of 

offers. PSs will become the property of the Government and will not be returned to the offeror. Failure to submit PSs may 

result in rejection of an offer. 

 

QUANTITIES 

Offeror is required to submit two packages of 12 perforated combination packs of Concord Grape Jelly/Peanut Butter, 

for a total of 24 twin-packs, AND Two packages of 12 perforated combination packs of Strawberry Jam/Peanut Butter, for a 

total of 24 twin-packs to the following address: 

 

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.civ@mail.mil 

 

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

Product Sample 

Solicitation Number 

Product Identity 

Lot # 

Company Name and Address 
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Point of Contact Name and Phone Number 

 

Unless requested by the Contracting Officer, samples do not need to be sent to DLA Troop Support. 

Please forward the product samples in the EXACT packaging that will be used if awarded the contract. It is at the Contracting 

Officer's discretion to waive product samples. 

All packages sent to Natick and DLA Troop Support have to be marked with product codes and/or Julian dates. If the product 

code is not in the clear, you have to provide product code deciphering information. 

All samples being shipped to Natick for evaluation MUST be preceded by an email message notifying Natick and DLA Troop 

Support of the following: 

Items being sent, 

The number of boxes, cases, or shipping containers being sent, 

Supplier's (sender's) name and address, 

Solicitation, and/or Contract number, 

Purpose of sample being sent (i.e. Peanut Butter and Grape Jelly, Twin Pack Samples), 

Name of person samples are being sent to (Jill Bates) 

Ms. Jill Bates email address is Jill.m.bates.civ@mail.mil 

 

The Government will evaluate the Product Samples 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. Product Samples must conform to all specification/production 

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

shall conform to all packaging, labeling, and packing requirements as well as analytical requirements. The government shall not 

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

The Product Samples 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 Product Sample shall not 

constitute a waiver of any specification requirement unless specifically stated by the Contracting Officer. 

 

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 DLAD 52.246-9024, 

Alternative Inspection Requirements for Selected Items. 

 

III. ITEM DESCRIPTION 

The below listed item descriptions include the required technical specification for this acquisition. 

 

 

NSN: 8930-01-396-4009 Peanut Butter and Grape Jelly, Twin Pack

 PEANUT BUTTER AND JELLY, twin pack, peanut butter, smooth, stabilized, unfortified, equivalent to US Grade A or B 

or Fancy, Quantity 1.12 oz. plastic pouch, and Jelly, Grape (Concord}, US Grade A, 1 oz. plastic pouch, common sides of twin 

pack pouches to be perforated for easy separation, 12 units per intermediate plastic bag (For Unitized Group Ration). 

CID A-A-20078D for Jelly, Grape and CID A-A-20328C for Peanut Butter 

 

NSN: 8930-01-436-1912 Peanut Butter and Strawberry Jam, Twin Pack

 PEANUT BUTTER AND JAM, twin pack, peanut butter, smooth, stabilized, unfortified, equivalent to US Grade A or B or 

Fancy, Quantity 1.12 .oz. plastic pouch, and Jam, Strawberry, US Grade A, 1 oz. plastic pouch, common sides of twin pack 

pouches to be perforated for easy separation, 12 units per intermediate plastic bag (For Unitized Group Ration). 

CID A-A-20079D for Jam, Strawberry and CID A-A-20328C for Peanut Butter 
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

 

 

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

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

 

Defense Logistics Agency 

DLA Troop Support 

Ms. Shannon Dempsey, Food Technologist 

ATTN: FTSC 

700 Robbins Avenue, Philadelphia, PA 19111-5092 

Telephone: (215-737-7802) 

e-mail: Shannon.Dempsey@dla.mil

 

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

www.dla.mil/TroopSupport/Subsistence/OperationalRations/cids/

 

IV. TRACEABILITY 

 

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

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

codes shall be permanent and legible. 

 

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

12:15), 1296 = October 23, 2021 and 12:15 representing the time of filling/sealing. When not required by specification, the 

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

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

lot number shall be identified on the appropriate accompanying DD Form 250 upon delivery. 

 

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

ingredients. This shall be accomplished for 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 
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approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the 

Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products 

manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is 

operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or 

which has not been listed in an appropriate Government directory as a sanitarily approved establishment when required. 

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

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

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

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

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

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

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

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

approval is regained and listing is reinstated. 

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

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

is provided in Appendix A of the worldwide directory. 

(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/
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GuidanceDocumentsRegulatoryInformation/Milk/default.htm. 

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

for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: http://www.ams.

usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022 ) may serve as sources of manufactured or processed dairy products 

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

operation code must be Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not shredded cheddar; or, 

plant is coded for cubed cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and 

processing) must be Worldwide Directory listed. 

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

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

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

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

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

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

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

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

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

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

accompanying shipment documentation. 

(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) 
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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 2017, and the shelf life is 36 months (3 years), then the ITD is computed as follows: 6/17 + 

3 years = 6/20. If labels are used, they shall be permanently affixed with water-resistant adhesive tape. 

 

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

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

 

VII. UNITIZATION 

 

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

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

load shall be bonded with non-metallic strapping, shrink or stretch film, or others means that comply with carrier rules and 

regulations applicable to the mode of transportation (adhesive bonding is not acceptable). 

 

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

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

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

exceed 50 inches. 

 

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

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

 

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

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. 

 
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VIII. QUALITY ASSURANCE PROVISIONS INSPECTION/ACCEPTANCE 

 

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

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

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

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

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

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

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

4. All delivered product shall be free of defects. 

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

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

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

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

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

code. 

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

 

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

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

 

QUALITY ASSURANCE PROVISIONS:

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

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

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

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

commercial market. 

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

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

QSP section XII - Corrective and Preventive Action Program. The SRPs must be specific and these must be evaluated by DLA 

Troop Support-FTR, and DLA Troop Support-FTSC, and approved by the applicable Contracting Officer.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

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

Applicable DLA Troop Support-FTR Office. 

 

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

 

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

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

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

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

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

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

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

as applicable, by the contractor at the location of the rework using the next larger sample size (for example, from 200 samples to 

315, or if a second rework, from 315 samples to 500 samples). Rework results must be included with other paperwork when the 

lot is presented for Government end item verification inspection.

 

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

 

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

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

applicable Contracting Officer, unless exempted under paragraph 3 above. 

 

 

C. Contractor's Quality History: 

 

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

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

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

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

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

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

counted. 

 

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

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

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

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

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

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

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

 

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

initial rejection.

 

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 
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f. National Stock Number 

g. Batch Number(s) (If Applicable) 

h. Sublot(s) (If Applicable) 

i. Lot Number(s) 

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

k. Quantity 

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

m. Sample Size; Defect; Accept/Reject 

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

o. Inspection Failure (Summary of non-conformances) 

p. Failure Identified: Processing, Packaging, End Item 

q. Inspector: In-plant/Contractor or USDA 

r. Date of Incident 

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

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

the incident) 

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

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

state why) 

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

occurrence) 

x. Estimated Cost 

y. Effect on Delivery 

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

 

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

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

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

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

 

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

PCO, the contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect the 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,” 
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of 15 November 2017 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 

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 http://www.troopsupport.dla.mil/subs/fs_check.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. CERTIFICATION AND ANALYTICAL REQUIREMENTS 

In accordance with the USDA Commodity Requirements, PP10 for Peanut Products for use In Domestic Programs of September 

1, 2005, the analytical requirements for the Peanut Butter shall be as follows: the aflatoxin content shall not be greater than 15 

ppb. The aflatoxin testing shall be performed In an AOAC certified laboratory, and the testing shall be conducted in accordance 

with either of these methods from the Official Methods of Analysis of the AOAC International: 990.33 or 991.31. 

The Certificate of alfatoxin content analysis shall accompany the shipping documents to be presented to the Government 

Inspectors who will perform the Inspection and acceptance at destination. 

USDA Certificates of Grade for the Peanut Butter, Grape (Concord) Jelly and Strawberry Jam shall also accompany the 

shipping documents to be presented to the Government Inspectors who will perform the inspection and acceptance at destination.

 

XV. PACKAGING: 

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

 

XVI. 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. 

 

XVII. 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 (AUG 

1996). FAR 52.246-2 expands the definition of “Supplies,” to include, but not limit to, raw materials, components, intermediate 

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

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

Each clause is contained in full text elsewhere in the solicitation. And,

 

(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. 
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(1) The Contracting Officer may at any time, by unilateral written order, make changes within 

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

 

(i) Method of shipment or packing; 

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

 

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

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

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

the contract. 

 

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

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

and act upon a proposal submitted before final payment of the contract. 

 

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

excuse the Contractor from proceeding with the contract. 

 

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

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

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

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

contract. 

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does 

not include “data.” 

(b) Contractor's obligations.

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

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

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

contract; and 

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

conform with the requirements of this contract. 

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

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

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

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

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

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

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

supplies. 

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

contained in this contract. 

(c) Remedies available to the Government.

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

clause within 45 days after discovery of the defect. 

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

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

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

(b)(1) of this clause; or 

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

(3) 

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

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

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

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

quantity of supplies on which warranty action is proposed; 

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

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

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

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

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

Contracting Officer may exercise one or more of the following options: 
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(A) Require an equitable adjustment in the contract price for any group of supplies. 

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

nonconforming supplies to the Contractor for correction or replacement. 

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

United States and to correct or replace all nonconforming supplies. 

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

the point of acceptance) for screening and correction or replacement. 

(4) 

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

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

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

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

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

failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of 

notice from the Contracting Officer specifying such failure. 

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

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

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

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

disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred. 

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

to the Government by any other clause of this contract. 

 

 

 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. 

 
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 “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 (JAN 2021) 

 

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

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

acquisitions of commercial items: 

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

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing 

resolutions)). 

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

Kaspersky Lab and Other Covered Entities (SEP 2019) (Section 1634 of Pub. L. 115-91). 

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

Equipment. (AUG 2020) (Section 89(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, 108-78 (19 U.

S.C. 3805 note)). 

 (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has 

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

applicable to acquisitions of commercial items: 

__X(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) 

 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 

__X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) 

(41 U.S.C. 3509). 

 _X (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (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 (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). 

___ (5) [Reserved]. 

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

Div. C.); 

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) 

(Pub. L. 111-117, section 743 of Div. C.); 

_X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with 

Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (31 U.S.C. 6101 
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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 (Class Deviation 2020-O0008) 

(OCT 2020) (15 U.S.C. 657a). 

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

_X (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Class 

Deviation 2020-O0008) (MAR 2020) (if the offeror elects to waive the preference, it shall so 

indicate in its offer) (15 U.S.C. 657a).

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

___ (13) [Reserved] 

___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Class Deviation 2020-O0008) (OCT 2020) 

(15 U.S.C. 644). 

___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-6 

___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Class Deviation 2020-O0008) (OCT 2020) 

(15 U.S.C. 644). 

___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7 

 X__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) 

 (15 U.S.C. 637 (d)(2) and (3)). 

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 

 U.S.C. 637 (d)(4)). 

___ (ii) Alternate I (NOV 2016) of 52.219-9 

___ (iii) Alternate II (NOV 2016) of 52.219-9 

___ (iv) Alternate III (JUN 2020) of 52.219-9 

___ (v) Alternate IV (Class Deviation 2019-O0005 Revision 1) (JAN 2019) of 52.219-9 

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

___ (ii) Alternate I (MAR 2020) of 52.219-13 

_X__ (19) 52.219-14, Limitations on Subcontracting (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C. 

637(a)(14)). 

_X__ (20) 52.219-16, Liquidated Damages --Subcontracting Plan (JAN 1999) 

 (15 U.S.C. 637(d)(4)(F)(i)). 

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small 

 Business Set-Aside (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C. 657f). 

_X_ (22)(i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) 

 (15 U.S.C. 632(a)(2)). 

____ (ii) Alternate I (MAR 2020) of 52.219-28 

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged 

Women-Owned Small Business (EDWOSB) Concerns (Class Deviation 

2020-O0008) (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 

(WOSB) Concerns Eligible Under the WOSB Program (Class Deviation 2020-O0008) (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) 52.219-3, Nonmanufacturer Rule (Class Deviation 2020-O0008) (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 (Class Deviation 2020-O0019) (JUL 2020) (E.O. 13126). 
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_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). 

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

___ (ii) Alternate I (FEB 1999) of 52.222-26. 

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

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

_X_ (32)(i) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). 

___ (ii) Alternate I (JULY 2014) of 52.222-36. 

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

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor 

 Relations Act (DEC 2010) (E.O. 13496). 

_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22.U.S.C. chapter 78 and 

E.O. 13627).

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

___ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not 

applicable to the acquisition of commercially available off-the-shelf items or certain other types 

of commercial items as prescribed in 22.1803.) 

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated 

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially 

available off-the-shelf items.) 

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

acquisition of commercially available off-the-shelf items.) 

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential 

Hydrofluorocarbons (Jun 2016) (E.O.13693). 

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and 

Air Conditioners (Jun 2016) (E.O. 13693). 

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

13423 and 13514) 

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

___ (41)(i) 52.223-14, Acquisition of EPEAT® -Registered Television (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 (MAY 2020) 

(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. 

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (JUN 

 2020) (E.O. 13513). 

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

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). 

___ (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 (JAN 2021) (41 U.S.C. chapter 83). 

_X (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.
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___ (iii) Alternate II (JAN 2021) of 52.225-3. 

___ (iv) Alternate III (JAN 2021) of 52.225-3. 

_X_ (50) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and 

statutes administered by the Office of Foreign Assets Control of the Department of the 

Treasury). 

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States 

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 

U.S.C. 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). 

 _X (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)). 

_X (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). 

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

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

chapter 67). 

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

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

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

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

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

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

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for 

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

___ (7) 52.222-55, Minimum Wages under Executive Order 13658 (NOV 2020) (E.O. 13658). 

___ (8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2017) (E.O. 13706). 

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

 (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph 
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(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) in a subcontract for commercial 

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

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

 (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or 

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing 

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts 

(and as extended in continuing resolutions)).

 (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services 

 Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 

 1634 of Pub. L. 115-91). 

(iv) 52.2014-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance 

Services or Equipment (AUG 2020) (Section 889(a)(1)(A) of Pub, L 115-232) 

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

subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to 

small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of 

subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer 

subcontracting opportunities. 

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. 

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

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

O. 13627). 

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

(xv) 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) 

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

(xvii) 52.222-55, Minimum Wages under Executive Order 13658 (NOV 2020). 

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

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

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

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

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 

U.S.C. 2302 Note). 

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

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. 

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

C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR 

clause 52.247-64. 

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

of additional clauses necessary to satisfy its contractual obligations. 

(End of Clause) 

 

 

 

Addendum to 52.212-5 

The following additional clauses are set forth in full text: 

 

 

52.211-16 VARIATION IN QUANTITY (APR 1984) 

 

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

by conditions of loading, shipping, or packing, or allowances in 

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

 (b) The permissible variation shall be limited to: 

 2 percent increase 

 2 percent decrease 

This increase or decrease shall apply to each line item. 

 

 

52.216-19 ORDER LIMITATIONS (OCT 1995) - FAR 

 

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 3500 

BG (12 combos per bag) 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 combined maximum quantity ; 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. 
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(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition 

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

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

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

limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with 

written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, 

the Government may acquire the supplies or services from another source. 

 

52.216-22 Indefinite Quantity (OCT 1995) - FAR

 

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

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

contract. 

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

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

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

supplies or services designated in the Schedule as the “minimum.” 

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

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

multiple locations. 

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

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

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

provided, that the Contractor shall not be required to make any deliveries under this contract after 120 days after the effective 

period expires. 

 

 Alternative Inspection Requirements for Selected Items (SEP 2016) - DLA TROOP SUPPORT - SUBSISTENCE 

 

(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. 

 
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(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. Skiplot verification is done by random selection of samples from not less than one lot in six consecutive lots presented for 

inspection. The sampling procedure under skip-lot places the succeeding lots not chosen for inspection back into the 

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

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

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

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

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

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

the Government, and all items shall be inspected by the Government prior to shipment. 

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

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

Contractor's; and (iii) the Government laboratory test results do not indicate product nonconformance to a statistically 

significant degree. When the Contractor's testing system is considered doubtful, verification testing will be performed on 

each lot produced; however, the Government will continue to permit the Contractor to ship based on its own test results. 

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

Government's test results. These determinations shall be accomplished by the DLA Troop Support, Directorate of 

Subsistence, Product Services Office, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092. 

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

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

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

 

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

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

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

will forward one completed copy to DLA Troop Support FTRE. 

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

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

Form 1222, Request for and Results of Tests. The Government laboratory that performs the tests will provide copies of the 

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

results to DLA Troop Support HS (215-737-4259) when testing identifies nonconformance. The Government reserves the 

right to (i) increase the rate or amount of verification testing up to and including full lot-by-lot testing, in the event the 

Contractor does not furnish reliable test results or 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) 
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Quantity Tested: 

Applicable Specification: 

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

Quantity in Lot: (units) 

Testing Completed: (date) 

Test Report 

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

obtained from composite samples.) 

(Typed name and title of laboratory official and signature) 

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

laboratory or by subcontractor's laboratory. 

Certification 

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

and to the best of my knowledge and belief, have been found to comply with the analytical requirements of the specification, 

contract no. _______________ 

Signature:______________________________ 

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

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

Contractor's laboratory or an independent laboratory. 

 

Certification 

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

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

found to comply with the analytical requirements of the specification and the contract. 

Signature: ___________________________________________________________________ 

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

 

Distribution: 

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

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

 

 

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

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

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

laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, 

or other conditions. 

“Excess food” means food that -- 

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

(2) Would otherwise be discarded. 

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

“Nonprofit organization” means any organization that is -- 

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

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

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

extent practicable and safe, to donate excess, apparently wholesome food to nonprofit organizations that provide assistance to 

food-insecure people in the United States. 

(c) Costs. 

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

support to collect, transport, maintain the safety of, or distribute the excess, apparently wholesome food to the nonprofit 

organization(s) that provides assistance to food-insecure people. 

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

costs incurred for excess food donations are unallowable. 
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(d) Liability. The Government and the Contractor, including any subcontractors, shall be exempt from civil and criminal liability 

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

be construed to supersede State or local health regulations (subsection (f) of 42 U.S.C. 1791). 

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

similar instruments greater than $25,000 with its subcontractors or suppliers, at any tier, who will perform, under this contract, 

the provision, service, or sale of food in the United States. 

 

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 

 

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

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

electronically at this/these address(es): 

 

• FAR: ηττπσ://ωωω.εχφρ.γοπ/χγι−βιν/τεξτ−ιδξ?

ΣΙ∆=6ε9βφ6δ81β42β0αε243δφ8χ51ε13φα62&μχ=τρυε&τπλ=/εχφρβροωσε/Τιτλε48/48ταβ_02.τπλ

• DFARS: ηττπσ://ωωω.εχφρ.γοπ/χγι−βιν/ΕΧΦΡ?

ΣΙ∆=εφεφ3χ52β917φ6248ε7β50687672εδ94&μχ=τρυε&παγε=βροωσε.

• DLAD: ηττπ://ωωω.δλα.μιλ/ΗΘ/Αχθυισιτιον/Οφφερσ/∆ΛΑ∆.ασπξ

 

 

 

The following additional clauses are incorporated by reference: 

 

CLAUSE NUMBER TITLE/DATE

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) DFARS 

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

of Terrorism (May 2019) DFARS 

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

52.232-17 Interest (MAY 2014) FAR 

52.242-13 Bankruptcy (JUL 1995) FAR 

52.242-15 Stop Work Order (AUG 1989) FAR 

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

 

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

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

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

business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item 

which it did not itself manufacture, is 500 employees.

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

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

specified in the solicitation. As a minimum, offers must show -- 

(1) The solicitation number; 

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

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

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

requirements in the solicitation. This may include product literature, or other documents, if necessary; 
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(5) Terms of any express warranty; 

(6) Price and any discount terms; 

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

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

those representations and certifications that the offeror shall complete electronically); 

(9) Acknowledgment of Solicitation Amendments; 

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

contracts for the same or similar items and other references (including contract numbers, points of contact 

with telephone numbers and other relevant information); and 

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

all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required 

representations or information, or reject the terms and conditions of the solicitation may be excluded from 

consideration. 

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

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

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

specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no 

expense to the Government, and returned at the sender's request and expense, unless they are destroyed during 

preaward testing. 

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

including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal 

Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each 

offer submitted will be evaluated separately. 

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

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to 

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

specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office 

on the date that offers or revisions are due. 

(2) 

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office 

designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be 

considered unless it is received before award is made, the Contracting Officer determines that 

accepting the late offer would not unduly delay the acquisition; and -- 

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

it was received at the initial point of entry to the Government infrastructure not later than 5:00 

p.m. one working day prior to the date specified for receipt of offers; or 

(B) There is acceptable evidence to establish that it was received at the Government installation 
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designated for receipt of offers and was under the Government's control prior to the time set for 

receipt of offers; or 

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

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

to the Government, will be considered at any time it is received and may be accepted. 

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

stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the 

installation, or oral testimony or statements of Government personnel. 

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

received at the Government office designated for receipt of offers by the exact time specified in the 

solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an 

extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same 

time of day specified in the solicitation on the first work day on which normal Government processes resume. 

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

offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes 

facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for 

receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer 

may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for 

receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt 

for the offer. 

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a 

contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms 

from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later 

determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is 

in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers 

received. 

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

the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for 

quantities less than those specified. The Government reserves the right to make an award on any item for a quantity 

less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. 

(i) Availability of requirements documents cited in the solicitation. 

(1) 

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR 

Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this 

solicitation may be obtained for a fee by submitting a request to-- 

GSA Federal Supply Service Specifications Section 

Suite 8100 

470 L'Enfant Plaza, SW 

Washington, DC 20407 

Telephone (202) 619-8925) 
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Facsimile (202 619-8978). 

 

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

Affairs issued this solicitation, a single copy of specifications, standards, and commercial item 

descriptions cited in this solicitation may be obtained free of charge by submitting a request to the 

addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. 

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

websites--

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

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

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

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock 

Point (DoDSSP) by -- 

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm ); 

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

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 

19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462. 

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

preparation, publication, or maintenance. 

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

micropurchase threshold if the solicitation requires the Contractor to be registered in the System for Award 

Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, 

the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name 

and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT 

indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror 

to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. 

If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for 

unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a 

Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity 

identifier. 

 (k) Reserved. 

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following 

information, if applicable: 

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. 

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past 

performance information on the debriefed offeror. 

(3) The overall ranking of all offerors,when any ranking was developed by the agency during source selection. 
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(4) A summary of rationale for award; 

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful 

offeror. 

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection 

procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed 

by the agency. 

(End of Provision) 

 

 

Addendum to 52.212-1: 

The following paragraphs of 52.212-1 are amended as indicated below: 

 

1. Paragraph (b), Submission of Offers. 

a. Delete the 1st sentence and substitute the following: 

 

Submit signed and dated offers as specified on page 3 of this solicitation at Block 9 on or before the exact due date/local 

time as specified on page 3 at Block 8. [X ] Facsimile offers are NOT authorized for this solicitation. [ ] Facsimile 

offers are authorized for this solicitation. Facsimile offers that fail to furnish required representations, or information, or that 

reject any of the terms, conditions and provisions of the solicitations, may be excluded from consideration. Facsimile offers 

must contain the required signatures. The Government reserves the right to make award solely on the facsimile offer. 

However, if requested to do so by the Contracting Officer, the apparently successful offeror agrees to promptly submit the 

complete original signed proposal. The Government will not be responsible for any failure attributable to the transmission 

or receipt of the facsimile offer. 

 

b. Submission Requirements: Offerors are required to submit the completed solicitation, the Pricing Proposal, Product 

Samples, the Pest Management Plan and a completed Food Defense Checklist. A cover letter may accompany the proposal 

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

 

i. Price Proposal 

Offerors shall complete the unit price and the total dollar value of the estimated quantity of each tier.. 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 two tiers shall be considered the low offer. 

 

 ii. Product Samples (PS): 

 

Refer to the PS requirements specified in the “Techinical/Quality Data” section of the solicitation. 

 

 iii. Integrated Pest Management Plan

 

The procedures contained in the “Integrated Pest Management (IPM) Program Requirements for Operational Rations,” of 15 

November 2017 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 most recent 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. 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

 

 iv. Food Defense Plan.

 

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

Food Defense at each contractor facility. Areas of concern listed in this checklist must be addressed in the plan. As a result of increased 
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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 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. The following information may be 

covered in the Food Defense Plan or under other pertinent areas of the QSP, if a QSP is required for the facility. If some of the Food 

Defense information is covered in the QSP (e.g., receipt inspection, storage, warehousing, training, traceability, mock recalls, etc.) crossreference the applicable Section/Area of the QSP. If the plan is submitted with the QSP, a rating (separate from the QSP) of acceptable 

or unacceptable will be assigned to the Food Defense/Security/Force Protection Plan. 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.troopsupport.dla.mil/subs/support/quality/index.

asp or contact the applicable DLA Troop Support Contracting Officer or the Quality Audits & Food Defense Branch (DLA Troop 

Support-FTSB). 

 

2. Paragraph (c), Period for acceptance of offers. 

 

Change “30 calendar days” to read “180 calendar days”. 

 

3. Paragraph (d), Product samples: 

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

(d) Product Samples (PS). (Refer to the PS requirements specified in the “Technical/Quality Data” section of this solicitation.

 

4. Paragraph (e), Multiple offers. 

Alternative commercial items may not be considered for award on this instant 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: 215-737-3822 

e-mail: Shannon.Dempsey@dla.mil or telephone 215-737-7802 

 

 

 

 

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 other factors considered. The following 

shall be used to evaluate offers: 

 

 

i. DLA Troop Support will use Low Price Technically Acceptable procedures to evaluate all offers. A proposal will be 

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 Samples (PS) 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.

 
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ii. Product Samples (PS) will be evaluated for all characteristics of the applicable item document. The PS should meet 

the product's technical requirements and be acceptable to Natick organoleptically (i.e. flavor, texture, odor, appearance, etc.). 

Characteristics for which the PS will be tested or evaluated are flavor, odor, texture, and overall quality. Product Samples shall 

be submitted in the same packaging that will be used for contract production. The packaging of the PS will be evaluated for 

package integrity. Each PS will be evaluated individually and on its own merit. The intended purpose of the PS is to evaluate 

contractor's ability to furnish an acceptable product. The Product Sample will be determined acceptable if it meets the 

requirement of the item description and its hedonic scale result from Natick is equal or above 6. The acceptable PS will 

be used as production standards.

 

. 

(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 both 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. 

 

 

 

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --COMMERCIAL 

 ITEMS (FEB 2021) 

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and 

certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror 

has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) 

through (v)) of this provision. 

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

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on 

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 

51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled 

by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 

CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -- 

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the 

worker does not offer himself voluntarily; or 

(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.
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Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation 

under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except --

(1) PSC 5510, Lumber and Related Basic Wood Materials; 

(2) Product or Service Group (PSG) 87, Agricultural Supplies; 

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence; 

(5) PSC 9410, Crude Grades of Plant Materials; 

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; 

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; 

(8) PSC 9610, Ores; 

(9) PSC 9620, Minerals, Natural and Synthetic; and 

(10) PSC 9630, Additive Metal Materials. 

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed 

from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and 

reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain 

Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction 

activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability 

and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person 

(as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can 

demonstrate --

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; 

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the 

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; 

(3) Consist of providing goods or services to marginalized populations of Sudan; 

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; 

(5) Consist of providing goods or services that are used only to promote health or education; or 

(6) Have been voluntarily suspended. 

Sensitive technology --

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -- 
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(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 --(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 

the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 

CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to 

control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation 

exists, consideration is given to all appropriate factors including common ownership, common management, and contractual 

relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. 

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size 

standard applicable to the acquisition, that --

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -- 

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 

124.104) individuals who are citizens of the United States; and 

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the 

applicable exclusions set forth at 13 CFR 124.104(c)(2); and 

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who 

meet the criteria in paragraphs (1)(i) and (ii) of this definition. 

Subsidiary means an entity in which more than 50 percent of the entity is owned --

(1) Directly by a parent corporation; or 

(2) Through another subsidiary of a parent corporation. 

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 -- 
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(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 

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 
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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 

(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. 
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(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)(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end 

product. 

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as 

domestic end products. 

(iii) The terms “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of 

this solicitation entitled “Buy American-Supplies.” 

(2) Foreign End Products: 

Line item No. Country of origin 

 

 

 

[List as necessary] 

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. 
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(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)(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a 

domestic end product. 

(B) The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “domestic end product,” “end product,” 

“foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” 

and “United States” are defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade 

Act.” 

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, 

Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation 

entitled “Buy American --Free Trade Agreements --Israeli Trade Act.” 

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End 

Products) or Israeli End Products: 

Line item No. Country of origin 

 

 

 

[List as necessary] 

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this 

provision) as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act.” The 

Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as 

domestic end products. 

Other Foreign End Products: 

Line item No. Country of origin 

 

 

 

[List as necessary] 

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. 

(2) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 

52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic 

provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation 
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entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: 

Canadian End Products: 

Line item No. 

 

 

 

[List as necessary] 

(3) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 

52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic 

provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the 

clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: 

Canadian or Israeli End Products: 

Line item No. Country of origin 

 

 

 

[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 

 

 
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[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. 

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 the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. 

(i) Taxes are considered delinquent if both of the following criteria apply: 

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally 

determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the 

liability is not finally determined until all judicial appeal rights have been exhausted. 
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(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability 

when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. 

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to 

seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the 

taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. 

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a 

notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, 

and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is 

entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is 

not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax 

liability until the taxpayer has exercised all judicial appeal rights. 

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments 

and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required 

to make full payment. 

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed 

under 11 U.S.C. 362 (the Bankruptcy Code). 

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting 

Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of 

Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] 

(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 
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(2) □ Outside the United States. 

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror 

as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it 

subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1)□ Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ 

does not certify that -- 

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are 

sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public 

in the course of normal business operations; 

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4

(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and 

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the 

same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. 

(2)□ Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that -- 

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the 

offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of 

normal business operations; 

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 

22.1003-4(d)(2)(iii)); 

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a 

monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours 

during the contract period if the contract period is less than a month) servicing the Government 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 
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the offeror's TIN. 

(3) Taxpayer Identification Number (TIN).

□ TIN: __________. 

□ TIN has been applied for. 

□ TIN is not required because: 

□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected 

with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying 

agent in the United States; 

□ Offeror is an agency or instrumentality of a foreign government; 

□ Offeror is an agency or instrumentality of the Federal Government. 

(4) Type of organization.

□ Sole proprietorship; 

□ Partnership; 

□ Corporate entity (not tax-exempt); 

□ Corporate entity (tax-exempt); 

□ Government entity (Federal, State, or local); 

□ Foreign government; 

□ International organization per 26 CFR 1.6049-4; 

□ Other _____. 

(5) Common parent.

□ Offeror is not owned or controlled by a common parent; 

□ Name and TIN of common parent: 

Name __________. 

TIN __________. 

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct 

any restricted business operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use 

appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an 

inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the 

procedures at 9.108-4. 

(2) Representation. The Offeror represents that -- 
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(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 

(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 
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required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 

113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract 

with any corporation that -- 

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been 

exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible 

for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered 

suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect 

the interests of the Government; or 

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding 

agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a 

determination that this action is not necessary to protect the interests of the Government. 

(2) The Offeror represents that -- 

(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and 

administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an 

agreement with the authority responsible for collecting the tax liability; and 

(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 

24 months. 

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government 

Entity Code Reporting.) 

(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. 
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(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 

(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) and section 889 (a)(1)(B) of 

Public Law 115-232. 

(1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(2) The Offeror represents that -- 

(i) It [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services 

to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(ii) After conducting a reasonable inquiry for purposes of this representation, that it [ ] does, [ ] does not use covered 

telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications 

equipment or services. 

(End of provision) 

Alternate I (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). 
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__ 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) 

 

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 Purchase Order (IDPO) containing Firm Fixed Prices 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 
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(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. 

(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): 

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

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

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

 
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The following additional provisions are incorporated by reference: 

 

PROVISION NUMBER TITLE/DATE 

 

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 

(Aug 2020) 

 

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 

DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) 

FAR 52.209-7 Information Regarding Responsibility Matters - OCT 2018 

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 

ALTTERNATE I 

 

DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government - JUN 2010 

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

(MAY 2019) 

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

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran --

Representation and Certification - JUN 2020 

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

FAR 52.227-1 Authorization and Consent - JUN 2020 

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement - JUN 2020 

FAR 52.232-17 Interest (MAY 2014) 

FAR 52.242-15 Stop Work Order (Aug 1989) 

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

 

 

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 

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 
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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. 

 

Procurement Note C03- Contractor Retention of Supply Chain Traceability Documentation (SEP 2016) 

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

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

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

period is five years after final payment under this contract. 

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

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

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

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

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

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

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

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

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

documentation or the contracting officer finds the documentation to be unacceptable, corrective action may be taken including, 

but not limited to, cancellation of undelivered orders or rejection of delivered supplies. 

(End of Text) 

 

Procurement Note E03- Production Lot Testing - Contractor (SEP 2016) 

(1) The purpose of production lot testing (PLT) is to validate quality conformance of products. PLT is to be completed on the 

production lot(s) after first article approval, when a first article is required. The contractor shall price the PLT CLIN to cover the 

cost of the approved samples that are consumed, destroyed, or otherwise rendered unusable during testing. 

(2) The contractor shall provide written notice to the contracting officer and the QAR of the time and location of the test at least 

fourteen (14) calendar days (or as otherwise specified in the contract) prior to the production lot test, so the Government may 

witness the test. 

(3) The QAR will select [contracting officer shall insert number of samples identified in Product Master] samples at random 

from the production lot(s) produced. 

(4) The contractor shall perform all tests on the PLT samples to verify/validate for the QAR that the items meet the contract 

technical/quality requirements. 

(5) If a PLT sample fails, the entire production lot quantity produced fails. The contractor shall notify the contracting officer and 
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propose corrective action, if appropriate. 

(6) Prepare and disseminate the PLT report as follows: 

 (a) Prepare the test report in accordance with data item description DI-NDTI-80809B and mark the test report, “Production Lot 

Test Report, Contract Number [contractor insert] and Lot/Item Number [contractor insert].” 

 (b) Present the contractor's PLT report to the QAR for review. 

 (c) Include the following documentation with all shipments of PLT Reports: DD Form 1222 and DD Form 250/iRAPT 

Receiving Report signed by the QAR; a copy of the contract/order; a copy of all applicable test reports showing actual results 

and tolerances specified in the technical data package; material and process certifications; process operations and inspection 

method sheets; copies of drawings used to manufacture the PLT sample, with proper marking to restrict public disclosure (if 

desired) and from Government use other than for evaluation to the extent consistent with the Government's data rights under the 

contract, and documents required under a contract deliverables requirements list, if applicable. 

 (d) Submit all required documentation to the Government activity specified in the contract in time to allow for at least 

[contracting officer shall insert number of days as shown in Product Master] calendar day period for review of the PLT report, 

and for the contracting officer to provide written notification of approval/disapproval to the contractor. 

 

Procurement Note E04- Production Lot Testing - Government (SEP 2016) 

(1) The purpose of production lot testing (PLT) is to validate quality conformance of products. PLT is to be completed on the 

production lot(s) after first article approval, when a first article is required. The contractor shall price the PLT CLIN to cover the 

cost of the approved samples that are consumed, destroyed, or otherwise rendered unusable during testing. 

(2) The contractor shall provide written notice to the contracting officer and the QAR at least fourteen (14) calendar days (or as 

otherwise specified in the contract) prior to the date when the contractor will present the production lot to the QAR for selection 

of PLT samples. 

(3) The QAR will select [contracting officer shall insert the number of samples identified in the Product Master] samples, at 

random from the production lot(s) produced. 

(4) The contractor shall ship the PLT samples to [contracting officer shall insert name and location of testing facility as 

identified in Product Master] by traceable means. Shipment shall be marked “Production lot samples - do not post to stock,” 

contract and lot number. A copy of the DD250/IRAPT Receiving Report shall be placed on the exterior of the shipping container 

in accordance with MIL-STD-129. Include the following interior documentation: DD Form 1222 and DD250/IRAPT Receiving 

Report signed by the QAR; copy of contract/order; copies of test reports, showing actual results and tolerances specified in the 

technical data package; material and process certifications; process operations and inspection method sheets; copies of drawings 

used to manufacture the PLT sample (proper marking to assert proprietary or other rights to restrict public disclosure is the 

contractor's responsibility); documents required under contract deliverables requirements list; and a prepaid shipping label or 

document with the information required to return the PLT samples to the contractor at no cost to the Government. 

(5) At time of shipment, copies of the signed DD Form 1222, DD250/IRAPT Receiving Report, transportation tracking 

information, and information for return of the PLT samples shall be provided to the contracting officer. The Government testing 

time will be [contracting officer insert number of days for test, as shown in the Product Master] calendar days for the test results 

to be provided to the contractor. 

(6) If a PLT sample fails, the entire production lot quantity produced fails. The contractor shall propose corrective action, if 

appropriate. 

(7) PLT samples will be returned to the contractor, with a copy of the test report, at contractor expense. 

(End of Text) 

 

Procurement Note E05- PRODUCT VERIFICATION TESTING (SEP 2016) 

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

(PVT) will be performed at a Government-designated testing laboratory. 

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

notified of acceptable PVT results. 

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

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

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

Form 250 and a DD Form 1222. The packaging will be marked “Product Verification Test Samples, 

Contract Number __________, Lot/Item Number_________." 

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

 

Contractor and Government Samples at Origin (SEP 2016) 

When required, the Contractor will select samples of end items or components or both for Contractor examination or testing as 

required by the item specification or other contract provisions. In addition, the government may select samples of end items or 

components or both at origin for the purpose of conducting required inspection. The Government may use, consume, destroy or 

retain said samples at its option. Notwithstanding any other provision of the contract, the Contractor shall bear the cost of 

Contractor and Government samples selected at origin, whether the supplies are accepted or rejected. 

Furthermore, unless otherwise specified, any sample unit which is altered as a result of the performance of any required 

examination or test so as to no longer meet the required characteristic of the component or end item, shall not be included as part 

of the supplies delivered under the contract. Examples of such alteration include, but are not limited to, cutting an item to 

remove a slice or observe internal surface characteristics, procedures requiring re-canning/re-cooking of the product, thawing 

and refreezing. 

(End of Text) 

 

 

GENERAL INSPECTION REQUIREMENTS - DLA TROOP SUPPORT - SUBSISTENCE 

(a) Inspection. 

(1) The Contractor shall employ the services of the United States 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, product services 

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. 
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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 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 for forwarding to DLA Analytical Laboratory, 700 Robbins Avenue, Philadelphia, Pennsylvania 

19111 in accordance with DLA Troop Support clause 52.246-9P20. 

(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 Attention: Subsistence Inspector. 

(4) In the event the Contractor does not include appropriate certificate(s) with each shipment to each destination as required, the 
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Government reserves the right to arrange for government grading/inspection and certification at destination at the Contractor's 

expense. 

(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 MIL-L-35078. 

(3) All other: Examination shall be in accordance with the specification. 

(End of Text) 

REINSPECTION OF NONCONFORMING SUPPLIES - DLA TROOP SUPPORT - SUBSISTENCE 

(a) When origin inspection is performed by the U.S. Department of Agriculture (USDA) or U.S. Department of Commerce 

(USDC) and supplies are found to be nonconforming at origin, the Contractor may request USDA/USDC reinspection/formal 

review in accordance with the regulations of the respective agency. In such instances, the next larger available sample size will 

be used. The decision of the USDA/USDC representative as to conformance or nonconformance shall be final. It will be within 

the discretion of USDA/USDC whether to assess reinspection costs against the Contractor. 

(b) When origin inspection is performed by the USDA or USDC and supplies are found to be nonconforming at destination, the 

Contractor may petition the Contracting Officer to obtain permission for a single reinspection, provided such petition provides 

valid technical reasons to believe the destination inspection findings were erroneous. The reinspection shall be performed in 

accordance with the original destination inspection criteria unless otherwise specified by the Contracting Officer. 

(1) Reinspection of nonconforming supplies for grading factors, suspicion of fraud or substitution shall be conducted by the 

applicable origin inspection agency (USDA for meats and poultry, or USDC for water foods). All costs associated with USDA/

USDC reinspection shall be borne by the Contractor; unless the reinspection results establish compliance with contractual 

requirements, in which case costs shall be borne by the Government. 

(2) Reinspection for all other criteria shall be accomplished by the Military Medical/Veterinary Services, as coordinated by the 

Contracting Officer with the applicable Military Medical/Veterinary Service Headquarters. The Military Medical/Veterinary 

Service Headquarters will designate the activity assigned to perform the reinspection and advise the Contracting Officer and the 

designated activity of the reinspection schedule. Reinspection shall be performed by personnel other than those involved in the 

original destination inspection. Reinspection costs shall be borne by the Contractor when reinspection results substantiate the 

nonconformance. The Government shall bear the costs of reinspection if the products are determined to be in compliance with 

contractual requirements. 

(c) When inspection by the USDA or USDC is not a contract requirement and supplies are found nonconforming at destination, 

the Contractor may petition the Contracting Officer one time only to obtain permission for a single reinspection, provided such 

petition provides valid technical reasons to believe the original inspection findings were erroneous. If the Contracting Officer 

authorizes a reinspection, the reinspection results shall be final if they differ from the original inspection to such a statistically 

significant degree that error in the original results is probable. Otherwise, the original inspection results shall prevail. The 

reinspection/formal review shall be performed in accordance with the original inspection criteria, unless otherwise specified. All 

costs associated with the reinspection shall be borne by the Contractor; unless the reinspection results establish compliance with 

the contract requirements, in which case costs shall be assumed by the Government. Reinspection shall not be authorized when 

original inspection findings show that the supplies are unwholesome or contain a deleterious substance. 

(d) The Contractor may elect to petition the Contracting Officer to grant a waiver of those contract requirements for which 

supplies have been found nonconforming and accept the supplies “as is” with appropriate price consideration. However, if the 

Contractor intends to exercise any option under (a), (b) or (c) above, the Contractor must do so prior to requesting a waiver. The 

denial of a waiver by the Contracting Officer will result in final rejection of the nonconforming supplies without recourse to 

reinspection. 

(End of Text) 

 
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TQ STO RT001- MEASURING AND TEST EQUIPMENT 

Gauges and other measuring and testing equipment used for product acceptance shall conform to specified technical 

requirements and shall be calibrated in accordance with International Organization for Standardization (ISO) 10012:2003 

-“Requirements for the Measurement Processes and Measuring Equipment,” excluding paragraph 7.3.1 of ISO 

10012:2003, and adding the requirements that “The collective uncertainty of the measurement standards shall not exceed 

25 percent of the acceptable tolerance for each characteristic being calibrated. The contractor's calibration system 

description may include provisions for deviating from the uncertainty requirements, provided the adequacy of the 

calibration is not degraded. The contractor shall be responsible for assuring that the sources providing calibration services, 

other than U.S. National Bureau of Standards (NBS) or DOD laboratories, are capable of performing the required service 

to the satisfaction of this ISO standard. Certificates or reports from other than the U.S National Bureau of Standards or 

DOD Laboratory shall attest to the fact that the measurement standards used in obtaining the results are traceable.” (End of 

TQ Requirement)

 

 

TQ STO RP001- DLA PACKAGING REQUIREMENTS FOR PROCUREMENT 

 

1. Additional Packaging and Marking Requirements: 

 

a. Prohibited cushioning and wrapping materials: Use of asbestos, excelsior, newspaper, shred paper (all types, including 

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

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

yellow wrapping or packaging material is prohibited, except where used for the containment of radioactive material. 

b. MIL-STD-129R establishes requirements for contractors that ship packaged materiel to the Government to provide both 

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

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

 

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

within the Continental United States (CONUS) to customers within CONUS; 

 

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

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

contractor into the designated location or issuance from the designated location by contractor personnel (i.e., the contractor 

is required to stock bins at the customer location and/or issue parts from a contractor controlled parts room). 

 

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

container has a capacity greater than 450 L (119 gallons) as a receptacle for a liquid; a maximum net mass greater than 400 

kg (882 pounds) and a capacity greater than 450139 L (119 gallons) as a receptacle for a solid; or a water capacity greater 

than 454 kg (1000140 pounds) as a receptacle for a gas. 

 

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

Transportation System. 

 

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

 

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

bar code. Further information is available on the DLA Packaging Web Site at: https://www.dla.mil/HQ/

LogisticsOperations/Packaging/ 

 

d. PIID and MIL-STD-129R label marking requirements. The FAR has been amended to implement a uniform award 

identification system. This uniform numbering system is referred to as the Procurement Instrument Identification (PIID). 
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For current DFARS compliant DOD contracts, cite the 13 character PIID (e.g. SPE8EJ16F0001) on the MIL-STD-129R 

label as the contract marking. For legacy contracts, cite the PIIN (contract number or purchase order number (e.g. 

SPE8EJ14D0002)) including four-digit delivery order or call number ((e.g. 959U) if applicable) and lot number. 

 

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

 

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

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

Centigrade for 30 minutes) standard in DOD Manual 4140.65-M "Compliance for Defense Packaging: Phytosanitary 

Requirements for Wood Packaging Material(WPM)". WPM must be stamped or branded with the appropriate certification 

markings as detailed in DODM 4140.65 and be certified by an accredited American Lumber Standards Committee 

(ALSC)-recognized agency. The WPM certification markings must be easily visible, especially in pallet loads, to 

inspectors. 

 

3. Palletization shall be in accordance with the following requirements. Among the required pallet's characteristics are 

wing type and four way entrance. Complete specification of the acceptable pallets can be found in Part 9 of ANSI MH1. 

 

a. Shipments of identical items packed in four or more unit, intermediate or shipping containers exceeding a total of 20 

cubic feet per destination shall be palletized except when the containers are required to be skidded (Para 4 of 

Requirements), by contract requirements, or consist of a shipping container that exceeds the size or weight limitations for 

palletized loads (see ANSI MH1 Part 9, Table 9-4). Shipments packaged in accordance with ASTM D3951 and/or MILSTD-2073-1E shall be palletized in accordance with MIL-STD-147E. Additionally, when the total number of containers 

going to the same destination is 250 pounds or greater (excluding pallet), or a volume of 20 cubic feet or greater, then 

palletization IAW MIL-STD-147E is required. The load shall be prepared and secured in a manner that will ensure carrier 

acceptance and permit safe re-handling at destination. Loads shall be stable and should not exceed the size and overseas 

limitations of MIL-STD-147E. Glued loads shall not be used. 

 

Overhang of Unit Load shall not be permitted. 

 

b. For Level A packing, pallets shall utilize ANSI/MHIA-MH1, Part No. MH1/9-05SW4048 pallet. The total weight of the 

unitized load shall not exceed 3000 lbs. evenly distributed. 

c. For Level B packing, pallets shall utilize ANSI/MHIA-MH1, Part No. MH1/9-02SW4048 pallet for unit loads less than 

1500 lbs. evenly distributed. For unit loads greater than 1500 lbs. but less than 3000 lbs. evenly distributed, ANSI/MHIAMH1, part numbers MH1/9-03SW4048, MH1/9-05SW4048 or MH1/9-10BW4048 pallet shall be utilized. 

d. Residual quantities of less than the quantity required for one course of the load need not be palletized. 

e. Palletization is not required for shipping containers that are constructed on skids. 

 

Unit/Intermediate/Shipping containers, except drums, exceeding 70 pounds gross weight or 40 inches in length, may be 

constructed with skids. Skids shall be a minimum of 3 X 4 inch (nominal) lumber and shall be securely attached to permit 

multiple handlings at destination. 

 

f. Specialized requirements 

 

1) Clothing and Textiles: Pallet loads containing more than one NSN shall be clearly marked to list all the NSNs contained 

in the load. No carton shall have more than one NSN. At the end of a size run, no more than one carton per NSN may be 

short or over the specified quantity. Said carton shall be clearly marked “short” or “over”. 

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

2) Medical Exceptions: 

a) A single medical item having a height of 48 inches or greater: If a properly palletized load (equipment and pallet) 

exceeds 54 inches in height, height limitations need not be adhered to. 

b) A single medical item having dimensions exceeding the maximum pallet loads length and/or width dimensions: If a 

single item exceeds the maximum pallet load dimensions, 

length and width need not be adhered to. Contact the contracting officer for additional guidance. 

c) Loading: Five-gallon tight head pails shall be loaded on pallets IAW Load Type III or IIIA of MIL- STD-147E, except 

that a triple layer or course may be used for a total not to exceed 42 pails. 

d) Unitization: Supplies that do not lend themselves to the use of MIL- STD-147E palletization due to size, weight, 

configuration, etc. shall be unitized by securely blocking, bracing, or anchoring the load on a skid base or commercial type 

pallet in a manner that assures safe delivery. 

3) Hazardous Materials: 

a) Unless otherwise specified in the contract or purchase order hazardous material containers, except cylinders and 55 

gallon drums, shall be palletized IAW load type IV of MIL- STD-147E UTILIZING ANSI/MHIA-MH1 part number 

MH1/9-07SW4848 pallets. "Hazardous Materials" for the purpose of this document, means any material considered 

hazardous under FED-STD-313F, the Department of Transportation Hazardous Material Regulations, 49 CFR part 171-79, 

IATA, IACO, IMDG , unless otherwise specified. 

b) Use of nonstandard commercial pallets is forbidden unless cited in the contract/purchase order. Shrink wrap is not 

authorized for use with Hazardous Materials. 

c) 55 gallon drums for domestic delivery shall be palletized 3 per ANSI/MHIA-MH1, Part No. MH1/9-02SW4048 pallet 

(1500 lbs. max), ANSI/MHIA-MH1, Part No. MH1/9- 03SW4048 pallet or part number MH1/9-05SW4048 pallet (3000 

lbs. max) IAW with load type 3a bonding method G (stretch wrap) or 4 per ANSI/MHIA-MH1, Part No. 

MH1/9-07SW4848 pallet IAW load type XIIc of MIL- STD-147E (placing an inverted wood cap under and over the load 

secured by metal strapping). 

d) 55 gallon drums for export delivery shall be palletized with three per MHIA-MH1, Part No. MH1/9-07SW4848 pallet 

IAW load type XIIc of MIL-STD-147E (placing an inverted wood cap under and over the load secured by metal strapping).

e) Large cylinders for domestic delivery shall be palletized vertically IAW load type IX of MIL-STD-147E or horizontally 

using metal strapping IAW MIL-STD-147E bonding D (figure 36) and notched wood spacers (storage aid #25, figure 50) 

to assure the stability of the load. 

f) Large cylinders for export delivery shall be Palletized (vertically) IAW load type IX of MIL- STD-147E. 

g) Narrow or short cans, small gas cylinders, hand fire extinguishers and unstable units such as bags shall be palletized 

IAW load type XVII. 

h) The use of stretch-wrap, shrink film or nonmetallic strapping for bonding is not authorized for "Export Shipments". 

4. Electro-Static Discharge Sensitive (ESDS) - If vendors/contractors providing ESDS items encounter a situation in which 

the packaging requirements in the contract reflect ASTM-D3951 and do not reflect MIL-STD 2073-1E Military ESD 

packaging (i.e. Method of Preservation GX, etc.) requirement, then the vendor/contractor must contact the contract issuing 

agency (i.e. DLA Land and Maritime, DLA Aviation, DLA Troop Support) to seek clarification for the proper packaging 

requirements. 

 

5. DLA Troop Support-Subsistence FSG 89 National Stock Numbers establishes special requirements for Packaging 

(Preservation Method and Preservative Material). For all Packaging, Packing, Labeling, Unitization, and Marking 

(PPLUM)-Use DLA Troop Support Form 3556 for PPLUM 

 

https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/Rations/forms/3556.pdf 

(End of TQ Requirement) 

 

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. 
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(End of TQ Requirement) 

 

Federal Food, Drug and Cosmetic Act-Wholesale Meat Act (SEP 2016) 

(a) The Contractor warrants that the supplies delivered under this contract comply with the Federal Food, Drug and Cosmetic 

Act and the Wholesome Meat Act and regulations promulgated there under. This warranty will apply regardless of whether or 

not the supplies have been: 

(1) Shipped in interstate commerce, 

(2) Seized under either Act or inspected by the Food and Drug Administration or Department of Agriculture. 

(3) Inspected, accepted, paid for or consumed, or any or all of these, provided however, that the supplies are not required to 

comply with requirements of said Acts and regulations promulgated there under when a specific paragraph of the applicable 

specification directs otherwise and the supplies are being contracted for military rations, not for resale. 

(b) The Government shall have six months from the date of delivery of the supplies to the government within which to discover 

a breach of this warranty. Notwithstanding the time at which such breach is discovered, the Government reserves the right to 

give notice of breach of this warranty at any time within this six-month period or within 30 days after expiration of such period, 

and any such notice shall preserve the rights and remedies provided herein. 

(c) Within a reasonable time after notice to the Contractor of breach of this warranty, the Government may, at its election: 

(1) Retain all or part of the supplies and recover from the Contractor, or deduct from the contract price, a sum the Government 

determines to be equitable under the circumstances; 

(2) Return or offer to return all or part of the supplies to the Contractor in place and recover the contract price and transportation, 

handling, inspection and storage costs expended therefore; provided, that if the supplies are seized under either Act or 

regulations promulgated there under, such seizure, at Government option, shall be deemed a return of supplies within the 

meaning of this clause and thereby allow the government to pursue the remedy provided herein. Failure to agree to any 

deduction or recovery provided herein shall be a dispute within the meaning of the clause of this contract entitled “Disputes”. 

(d) The rights and remedies provided by this clause shall not be exclusive and are in addition to other rights and remedies 

provided by law or under this contract, nor shall pursuit of a remedy herein or by law either jointly, severally or alternatively, 

whether simultaneously or at different times, constitute an election of remedies. 

(End of Text) 

 

 

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (AUG 2019) 

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 

FAR 52.209-07 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 

 

 

 

 

 

 

 

 

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

 

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

 

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

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 

(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

 

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

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

 

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

 

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) FAR

 

52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (JUN 2020) FAR

 

52.232-17 INTEREST (MAY 2014) FAR

 

52.232-25 PROMPT PAYMENT (JAN 2017) FAR

 
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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

 

52.242-13 BANKRUPTCY (JUL 1995) FAR

 

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

As prescribed in 243.205-71, use the following clause: 

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

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

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

to the change in accordance with applicable acquisition regulations. 

(b) In accordance with 10 U.S.C. 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.

(Official's Name)

(Title)

 

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including 

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and 

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to 

support any estimated costs, even if certified cost or pricing data are not required. 

(d) The certification requirement in paragraph (b) of this clause does not apply to 

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under 

a cost-reimbursement type contract, or progress payment invoices; or 

(2) Final adjustments under an incentive provision of the contract. 

(End of clause)

 

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020) FAR

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2020) DFARS

 

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES - REPRESENTATION (DEC 2019) DFARS

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the 

clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services 

as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)

 
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252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES 

(JAN 2021) DFARS

 

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) DFARS

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204 -7020, NIST SP 800 -171 DoD 

Assessments.

Covered contractor information system has the meaning given in the clause 252.204 -7012, Safeguarding Covered Defense Information and 

Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800 -171, the Offeror shall have a current 

assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204 -7020) for each covered 

contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800 

-171 DoD Assessments are described in the NIST SP 800 -171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/

cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html.

(c) Procedures. 

(1) The Offeror shall verify that summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old 

unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.

mil/) for all covered contractor information systems relevant to the offer. 

(2) If the Offeror does not have summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old 

unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to 

webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision. 

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD 

Components visibility into the summary level scores of strategic assessments. 

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS. 

(i) The email shall include the following information: 

(A) Cybersecurity standard assessed (e.g., NIST SP 800 -171 Rev 1). 

(B) Organization conducting the assessment (e.g., Contractor self-assessment). 

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract -- 

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the 

system security plan; and 

(2) A brief description of the system security plan architecture, if more than one plan exists. 

(D) Date the assessment was completed. 

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement). 

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use 

the following format for the report:

System security plan CAGE codes 

supported by this plan 

Brief description of the 

plan architecture Date of assessment Total score Date score of 110 will achieved 

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each 

system assessed: 

(i) The standard assessed (e.g., NIST SP 800 -171 Rev 1). 

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity 

Address Code (DoDAAC)). 

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan. 

(iv) A brief description of the system security plan architecture, if more than one system security plan exists. 

(v) Date and level of the assessment, i.e., medium or high. 
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(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement). 

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(3) Accessibility. (i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance 

with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information 

(PI). 

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary 

level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/

pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800 -171 DoD Assessment may result in documentation in addition to that listed in this section. DoD will retain and 

protect any such documentation as ``Controlled Unclassified Information (CUI)'' and intended for internal DoD use only. The information 

will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of 

Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is 

privileged or confidential). 

(End of provision)

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (OCT 2020) FAR

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide 

covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any 

contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications 

Equipment or Services --Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and CertificationsCommercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it 

“does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered 

telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 

52.212-3. 

(a) Definitions. As used in this provisionBackhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming,

and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain 

Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) 

prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to 

procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or 

essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a thirdparty, such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or 

packets that such equipment transmits or otherwise handles. 

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the 

head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity 

that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential 

component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications 

equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be 

construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, 

such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or 

packets that such equipment transmits or otherwise handles. 

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services.” 

(d) Representations. The Offeror represents that -- 

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, 

subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information 
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required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and 

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that -- 

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses 

covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph 

(e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section. 

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the 

representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and 

whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, 

manufacturer part number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would 

be permissible under the prohibition in paragraph (b)(1) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item 

being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, 

as applicable); or 

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed 

use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the 

prohibition in paragraph (b)(1) of this provision. 

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in 

paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and 

whether the entity was the OEM or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, 

manufacturer part number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would 

be permissible under the prohibition in paragraph (b)(2) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item 

being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, 

as applicable); or 

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered 

telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph 

(b)(2) of this provision. 

(End of provision)

 

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (AUG 2020) FAR

 

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) FAR

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part 

of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered 

telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or 
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services. 

 (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)

52.233-2 SERVICE OF PROTEST (SEP 2006) FAR

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any 

protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by 

obtaining written and dated acknowledgment of receipt from . [Contracting Officer designate the official or location where a protest may be 

served on the Contracting Officer.] 

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 

(End of Clause)