1

DEFENSE LOGISTICS AGENCY

TROOP SUPPORT

700 ROBBINS AVE, BLDG 6 

PHILADELPHIA, PENNSYLVANIA 

IN REPLY

 REFER

DLA-FTRA (Matthew DePetris/X2159) November 16, 2018

MEMORANDUM FOR T (T. Lyles/X8484) 

SPE3S1-19-R-0003

Subject: National Industries for the Blind (NIB) Allocation Request

The following information is provided regarding a mandatory NIB acquisition.

The allocation request is for the acquisition of Dining Packets for the Unitized Group Ration – Heat & 

Serve and Unitized Group Ration – B Programs. These items are mandatory from the National Industries 

for the Blind (NIB).

The resulting contract will be a fixed price Indefinite Quantity Contract (IQC) that provides for a an 

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

period, with deliveries to be scheduled by placing orders with the contractor. The contract will be for a 

four-year tiered period. The contract term will be as follows:

Tier 1: Date of award through 365 days

Tier 2: Day 366 through one year after

Tier 3: Day 730 through one year after

Tier 4: Day 1,094 through one year after

Tier 5: Day 1,458 through one year after

The quantities shown below represent the Estimated, Minimum and Maximum quantities that will/may be 

ordered over the ordering period of four years. The delivery destination for each item is Defense Depot 

Tracy, CA. Quantities and shipping information will be provided with each individual delivery order.

Item Description

NSN: 7360-01-509-3586 

Dining Packet, Fork, Knife, Spoon, 2 sugars, 1 salt, 1 pepper and 1 napkin/pkg. Non-white, 

subdued color (Tan/Sand/Brown), 25 individual packets per Bag, Type IV, CID A-A-3012A, biobased 

(for UGR-H&S and UGR-B)

Minimum Quantity: 300,000 BG 

Maximum Quantity: 3,600,000 BG 

Estimated Quantity: 960,000 BG

All prices offered for these items above must be Fixed Price, F.O.B. Destination. Prices must include 

freight to the following destination:

Defense Depot Tracy

Directorate of Distribution 

25600 S. Chrisman Rd.

Warehouse No. 30 UGR

Tracy, CA 95376-5000
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Unit prices must be formatted two (2) places to the right of the decimal point.

All delivery Orders issued will allow a minimum of 60 days lead-time for delivery.

If you have any questions concerning the above, please contact Matthew DePetris X2159.

THOMAS HALEY

Chief, Group Rations Branch

Directorate of Subsistence
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STATEMENT OF WORK

A. Introduction and General Information

*All prices should be FOB Destination*

1. Item Description: 

CLIN 0001

NSN: 7360-01-509-3586

DINING PACKETS; Fork, Knife, Spoon, 2 sugars, 1 salt, 1 pepper and 1 napkin/pkg. Non-white,

subdued color (Tan/Sand/Brown), 25 individual packets per Bag, Type IV, CID-A-A-3012A, biobased.

Go to http://www.troopsupport.dla.mil/subs/support/specs/cids/aa3012.pdf for CID-A-A-3012A.

 Est. Annual Qty. Unit of Issue Unit Price Total Price

Tier 1 * 192,000 BG $_________ $__________

Tier 2 * 192,000 BG $_________ $__________

Tier 3 * 192,000 BG $_________ $__________

Tier 4 * 192,000 BG $_________ $__________

Tier 5 * 192,000 BG $_________ $__________

Minimum for 5 year period is 300,000 BG 

Maximum for 5 year period is 3,600,000 BG 

*Offer on each tier is mandatory

2. Effective Period of Contract

The resulting contract(s) will be a fixed price Indefinite Quantity Contract (IQC) that provides for 

an indefinite quantity, within stated limits, of specific supplies or services to be furnished during 

a fixed period, with deliveries to be scheduled by placing orders with the contractor (FAR 

16.504(a)). The contract(s) will be for a five-year tiered period.

See FAR Clause 52.216-22, Indefinite Quantity and DFARS clause 252.216-7006, Ordering (MAY 2011) 

for delivery periods and ordering.

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

4. See DLAD 52.216-9007 – Contract and Delivery Order Limitation (NOV 2011) for delivery order

minimums and maximums.

B. Technical/Quality Data

1. MARKINGS OF UNIT LOADS

For shipments to Department of Defense (DoD) Depots, all unit loads shall be clearly marked 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
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Note: If labels are used, they shall be permanently affixed with water-resistant adhesive tape.

Shipments without the appropriate 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)

2. 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 fourway 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 October 2010, entitled Loads, Unit: Preparation of Semiperishable Subsistence 

Items.

3. 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/or Date of Pack (DOP). These package codes shall be permanent and legible.

Use of the Julian Date for the lot number is preferred. For example, 9296 = October 23, 2009. If the 

contractor’s lot identification is of their own coding, the contractor shall provide the coding information 

for the primary containers and the contract data markings upon delivery. Package codes per case lot 

number shall be identified on the appropriate accompanying Bill of Lading upon delivery.

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

ALL sources for those ingredients. This shall be accomplished for the each item, brand and component 

that is shipped to the Defense Depot (Assembler) for the Unitized Group Ration Programs. This 

information shall be made available within 24 hours.

4. MISCELLANEOUS REQUIREMENTS

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

Good Manufacturing Practice in Manufacturing, Packaging or Holding Human Food,” and all regulations 

referenced herein, is required. In addition, the contractor is required to comply with all 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.

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

contractor’s and subcontractor’s plants during performance of manufacturing operations. Except for 

inspection service, the Contracting Officer shall give prior notice of the purpose of the meetings and shall 

furnish dates of the visit.
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5. INSPECTION/ACCEPTANCE:

Government inspection/acceptance shall be at destination. This shall include but is not limited to the 

following:

1. All shipments must be accompanied by a Bill of Lading and all other pertinent invoices as 

required. 

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

3. All unit loads shall be stable and not exceed 50 inches.

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).

6. 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.

7. NEGOTIATIONS:

For the subject acquisition, the Government intends to award on initial offers but reserves the right to 
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conduct negotiations if determined by the Contracting Officer to be necessary. Initial responses to 

negotiations shall be in a form of communication customary in the industry for transmitting information 

to include phone, facsimile transmission, letter, in-person and e-mail. However, any information provided

during negotiations, to include all changes to the initial offer, must be reduced to writing and transmitted 

to DLA Troop Support by the time and date specified at the time of Final Proposal Revisions.

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

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- Crimes and Criminal Procedure or 

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

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

BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause 

and have a written code of business ethics and conduct; exercise due diligence to prevent and 

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

within their organization; and timely report any violations of federal criminal law involving 

fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States 

Code- Crimes and Criminal Procedure 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.

"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." 

Notice to Offerors:

Offerors should return ALL pages of the solicitation with their offer.

› Emailed quotes are authorized for this solicitation. 

Please email quotes to Jasmine Brown at Jasmine.Brown@dla.mil, Matthew DePetris at 

matthew.depetris@dla.mil and Thomas Haley at Thomas.Haley@dla.mil

OR 

 › Address and Submit “mailed” offers to:

DLA Troop Support

ATTN: Matthew DePetris

FTRC- WS 6B104
7

Philadelphia, PA 19111

 

OR 

 › Transmit “facsimile” offers to: (215) 737-4115, 9301, 9302 or 9303

 Offers submitted to any other facsimile number shall not be considered for award.

Electronic Invoicing by Suppliers via Wide Area Workflow (WAWF):

All suppliers are required to process invoices electronically by using WAWF. 

This is a condition for contract award.

Wide Area Workflow (WAWF) is a secure web based system for electronic invoicing, receipt, and 

acceptance. 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 System Requirements

WAWF is a free internet application. Contractors should refer to the “Machine

Setup” information on the WAWF homepage, https://wawf.eb.mil

The minimum system requirements are:

 133 MHz or more Pentium microprocessor (or equivalent

 SVGA Color Monitor (minimum 256 color

 64 MB RAM (minimum

 Internet Access (broadband recommende

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- JUN 2012) 

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.

REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM)

A. This clause only applies when wood packaging material (WPM) will be used to make 

shipments under this contract and/or when WPM is being acquired under this contract.

B. Definition.

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).

C. All wood packaging material (WPM) used to make shipments under Department of Defense 

(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. 

1. 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/).

2. 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 
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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 ALSC approved dunnage stamp. 

D. 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

Contract Clauses

52.212-4, Contract Terms and Conditions—Commercial Items (Jan 2017) – FAR

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.

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

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

of

Supplies – Fixed Price. FAR 52.246-2 expands the definition of “Supplies,” to include, but not 

limit to, raw materials, components, intermediate assemblies, end products, and supply lots. FAR 

52.246-2 provides a basis for the Government’s right to perform Product Verification Testing 

(PVT), which is a requirement on any resulting contract(s). PVT is addressed in DLAD clause 

52.246-9004. Each clause is contained in full text elsewhere in the solicitation.

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

(c) Changes.

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

the general scope of this contract in any one or more of the following:
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(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 (m), Termination for Cause is deleted and replaced with the following:

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, 

for cause in the event of any default by the Contractor, or if the Contractor fails to comply with 

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

adequate assurances of future performance. In the event of termination for cause, the 

Government shall not be liable to the Contractor for any amount for supplies or services not 

accepted, and the Contractor shall be liable to the Government for any and all rights and 

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

supplies or services covered by the contract so terminated are repurchased by the Government, 

the Government will incur administrative costs in such repurchases. The Contractor and the 

Government expressly agree that, in addition to any excess costs of repurchase, or any other 

damages resulting from such default, the Contractor shall pay, and the Government shall accept, 

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

assessment of damages for administrative costs shall apply for any termination for cause 

following which the Government repurchases the terminated supplies or services together with 

any incidental or consequential damages incurred because of the termination. If it is determined 

that the Government improperly terminated this contract for default, such termination shall be 

deemed a termination for convenience.

4. Paragraph (o), Warranty is deleted in its entirety and replaced with the following:

(a) Definitions.

"Acceptance," as used in this clause, 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.

"Correction," as used in this clause, means the elimination of a defect.

"Supplies," as used in this clause, means the end item furnished by the Contractor and related services 

required under the contract. The word does not include "data".

(b) Contractor's obligations.

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

contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants 

that for 6 months after receipt of supplies at destination or, in the case of supplies required to bear an 

expiration date, for the expiration date indicated in the labeling thereof, all supplies furnished

(i) Are of a quality to pass without objection in the trade under the contract description;
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(ii) Are fit for the ordinary purposes for which the supplies are used;

(iii) Are within the variations permitted by the contract, and are of an even kind, quality and quantity 

within each unit and among all units;

(iv) Are adequately contained, packaged, and marked as he contract may require; and

(v) Conform to the promises or affirmations of fact made on the container.

(2) When return of the supplies to the contractor and redelivery, if applicable, is required, transportation 

charges and responsibility for the supplies while in transit shall be borne by the contractor. Contractor 

shall also be liable for:

(i) Handling costs and incidental charges incurred by the Government in the preparation of the above 

described supplies for return to the contractor and in return of said supplies to storage, after redelivery by 

the contractor; and

(ii) For cost of Government examination of the corrected or replaced supplies computed and charged at 

the flat rate of $49.28 per hour.

(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 receipt of the corrected or replaced supplies at destination.

(c) Remedies available to the government.

(1) Notice Requirement: The Contracting Officer shall give written notice to the contractor of any breach 

of warranties in paragraph (b)(1) of this clause within 7 days from receipt of supplies at destination or, in 

the case of supplies required to bear an expiration date, no later than one month following the expiration 

date indicated in the labeling.

(2) Conformance of supplies or parts thereof subject to warranty action shall be determined in accordance 

with the inspection and acceptance procedures contained in the contract except as provided herein. If the 

contract provides for sampling, the Contracting Officer may group any supplies delivered under this 

contract. The size of the sample shall be that required by the sampling procedure specified in the contract 

for the quantity of supplies on which warranty action is proposed, except when projecting sampling 

results. Warranty sampling results may be projected 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 

and regardless of whether such supplies have been issued or consumed, provided (1) the supplies from 

which the samples were drawn are reasonably representative of the quantity on which warranty action is 

proposed, and (2) the defects found in the sample size are sufficient to reject the quantity of supplies on 

which warranty action is proposed, even though the sample size may be less than that required for such 

quantity. The original inspection lots need not be reconstituted, nor shall the Contracting Officer be 

required to use the same lot size as on original inspection. Within a reasonable time after the notice, the 

Contracting Officer may exercise one or more of the following options; and also, following the exercise 

of any option, may unilaterally change it to one or more of the other options set forth below:

(i) Require an equitable adjustment in the contract price for any supplies or group of supplies;

(ii) Screen the supplies grouped under this clause at contractor's expense and return all nonconforming 

supplies to the contractor for correction or replacement;

(iii) Require the contractor to screen the supplies at depots designated by the Government within the 

continental United States and to correct or replace all nonconforming supplies;
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(iv) Return any supplies or group of supplies under this clause to the contractor (irrespective of the f.o.b. 

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

(v) Return or hold for contractor's account any supplies or group of supplies delivered hereunder, 

whereupon the contractor shall repay the contract price paid therefore. In such event, the Government 

may reprocure similar supplies upon such terms and in such manner as the Contracting Officer may deem 

appropriate, and charge to the contractor the additional cost occasioned the Government thereby.

(3) When remedy (c) (2) (iii) or (c) (2) (iv) of this clause is exercised, the contractor is required to submit 

in writing and within 30 days after receipt of notice of such invocation a schedule for either:

(i) Correction and/or replacement of all defective supplies and subsequent redelivery of the returned 

supplies; or,

(ii) Screening defective supplies at each depot involved and subsequent redelivery of all corrected and/or 

replaced supplies.

Such schedule will become a part of the contract delivery schedule upon agreement thereto by the 

Government. If the contractor fails to provide an agreeable schedule within the specified period, or any 

extension agreed to by the Government, the Government may correct the items and charge the 

contractor's account; or, issue a contract for correction of the items and charge the contractor's account; 

or, exercise one or more of the remedies specified in paragraph (4) below.

(4) If the contractor fails to accept return of the nonconforming supplies; or, fails to make redelivery of 

the corrected or replaced supplies to the Government within the time established; or, fails to make 

progress after their return to correct or replace them so as to endanger performance within the time 

established for redelivery and 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, the Contracting Officer may exercise one or more of the following remedies:

(i) Retain or have the contractor return the nonconforming supplies and require an equitable adjustment in 

the contract price.

(ii) Return or hold the nonconforming supplies for contractor's account, or require the return of the 

nonconforming supplies and then hold for contractor's account, whereupon the contractor shall repay the 

contract price therefore. In such event, the Government may reprocure similar supplies upon such terms 

and in such manner as the Contracting Officer may deem appropriate, and charge to the contractor the 

additional costs occasioned the Government thereby.

(iii) If the contractor fails to furnish timely disposition instructions, dispose of the nonconforming 

supplies for the contractor's account in a reasonable manner, in which case the Government is entitled to 

reimbursement from the contractor or from the proceeds for the reasonable expenses of the care and 

disposition of the nonconforming supplies, as well as for any other 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.

(d) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a 

question of fact within the meaning of the "Disputes" clause of this contract.

(e) When the contract specifies ultimate delivery of supplies to a location outside the contiguous United 

States, such location shall be deemed the destination for purposes of this clause.

5. Paragraph (r) Compliance with laws unique to Government contracts is revised to 

include the following:
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(r) 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 1n553 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.

6. Paragraph (t), System for Award Management (SAM).

Add the following:

(5) Definitions.

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

prospective Federal awardee and Federal awardee information and the centralized Government 

system for certain contracting, grants, and other assistance-related processes. 

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

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

commercial or Government entity; or 

(b) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records 

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

“Data Universal Number System (DUNS) Number” means the 9-digit number assigned by Dun 

and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) Number” means the DUNS number assigned 

by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no 

affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion 

of the business concern to establish additional SAM records for identifying alternative Electronic 

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

same parent concern.

“Registered in the SAM Database” means that—

(a) The Contractor has entered all mandatory information, including the DUNS number or the 

DUNS+4 number, into the SAM database;

(b) The Contractor’s CAGE code is in the SAM database; and

(c) The Government has validated all mandatory data fields and has marked the records 

“Active.”

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

Orders -- Commercial Items. (Aug 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) 

clauses, which are incorporated in this contract by reference, to implement provisions of law or 

Executive orders applicable to acquisitions of commercial items:

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

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and 

Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor 

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

(2) 52.204-23, Prohibition on Contracting for Hardware, 

Software, and Services Developed or Provided by Kaspersky Lab and 

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
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(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 

2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 

with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 

U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and 

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to 

contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract 

Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X_ (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).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with 

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 

6101 note). 

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility 

Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) 

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

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small 

Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so 

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

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 

637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 

(d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.
14

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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 SetAside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 

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

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

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned 

Small Business Concerns Eligible Under the Women-Owned Small Business Program 

(Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 

2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 

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

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 

U.S.C. 793).

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

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor 

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

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not 

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

types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated 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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential 

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

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration 

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

___ (38) (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.
15

___ (39) (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.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 

U.S.C. 8259b).

___ (41) (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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while 

Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 

note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 

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

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 

3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, 

proclamations, and statutes administered by the Office of Foreign Assets Control of the 

Department of the Treasury).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 

U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area 

(Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) 

(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

_X_ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 

4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award 

Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for 

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels 

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.
16

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

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

commercial services, that the Contracting Officer has indicated as being incorporated in this 

contract by reference to implement provisions of law or executive orders applicable to 

acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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

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

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 

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

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards --

Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 

41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --

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

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards 

to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

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

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards 

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

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 

13658).

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

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 

2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the 

provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in 

excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit 

and Records -- Negotiation.

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

Comptroller General, shall have access to and right to examine any of the Contractor’s 

directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, 

materials, and other evidence for examination, audit, or reproduction, until 3 years after 

final payment under this contract or for any shorter period specified in FAR Subpart 4.7, 

Contractor Records Retention, of the other clauses of this contract. If this contract is 

completely or partially terminated, the records relating to the work terminated shall be 

made available for 3 years after any resulting final termination settlement. Records 

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

arising under or relating to this contract shall be made available until such appeals, 

litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and 

practices, and other data, regardless of type and regardless of form. This does not require 

the Contractor to create or maintain any record that the Contractor does not maintain in 

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

(e) 
17

(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 (Oct 2015) (41 

U.S.C. 3509).

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

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the 

Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) 

and its successor provisions in subsequent appropriations acts (and as extended in 

continuing resolutions)).

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

Software, and Services Developed or Provided by Kaspersky Lab and 

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

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 

637(d)(2) and (3)), in all subcontracts that offer further subcontracting 

opportunities. If the subcontract (except subcontracts to small business concerns) 

exceeds $700,000 ($1.5 million for construction of any public facility), the 

subcontractor must include 52.219-8 in lower tier subcontracts that offer 

subcontracting opportunities.

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

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(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 (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 

U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. 

chapter 78 and E.O. 13627).

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

13627).

(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 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) 

(E.O. 13706).

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

(B) Alternate I (Jan 2017) of 52.224-3.
18

(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. 

(May 2014) (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.
19

Addendum

The following additional clauses are set forth in full text:

52.211-16 VARIATION IN QUANTITY (APR 1984) - FAR

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

variation has been caused by conditions of loading, shipping, or packing, or allowances in 

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

 (b) The permissible variation shall be limited to:

 2 percent increase

 0 percent decrease

This increase or decrease shall apply to each quantity specified in the delivery schedule.

252.216-7006 ORDERING (MAY 2011) – DFARS

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of 

delivery orders or task orders by the individuals or activities designated in the contract schedule. 

Such orders may be issued from date of award through five years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In 

the event of conflict between a delivery order or task order and this contract, the contract shall 

control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to 

the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is 

considered “issued” when the Government deposits the order in the mail or 

transmits by facsimile. Mailing includes transmittal by U.S. mail or private 

delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

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 
20

the order were completed during the contract’s effective period; provided, that the Contractor shall not be 

required to make any deliveries under this contract after 90 days after the effective period expires.

52.216-9007 CONTRACT AND DELIVERY ORDER LIMITATIONS (NOV 2011) –

DLAD

[X] (a) Delivery orders will specify delivery no less than 60 days from the date of order. 

Changes or cancellations to delivery orders may be made by giving the contractor notice no less 

than 7_ days [remembering that days are always calendar days unless otherwise defined] 

before the required delivery date.

 (b) Maximum Contract Limitation. 

The maximum quantity or maximum dollar value that may be ordered against this 

contract is: Dining Packets - 3,600,000 BG.

 (c) Guaranteed Minimum. 

 (1) The Government guarantees that it will order under this contract (and under the 

contract awarded for any partial set-aside) the following minimum, as applicable:

[ ] (i) Base period of one year.

_____ (Quantity) 

 (Percentage of the annual contract dollar value)

[X ] (ii) Base period of two or more years.

 The minimum quantity that may be ordered against this contract is: Dining Packets - 300,000 

BG.

 (Percentage) multiplied by .

[ ] (iii) The following minimum quantities within the time periods prescribed (quarter (QTR)

represents a three-month period computed from date of award):

[ ] (iv) The contractor will not be obligated to honor any order with F.O.B. Destination terms that 

requires delivery to a single destination of a quantity less than that shown below:

(2) The Government may fulfill the guarantee by a single delivery order or by any 

number of delivery orders subject to the minimum per order specified in the clause Order 

Limitations, Federal Acquisition Regulation (FAR) 52.216-19 (a). The maximum quantity per 

order does not apply until after the guaranteed minimum is satisfied.

 (3) In the event that a single delivery order includes both items that are within the 

guaranteed minimum and items in excess of the guaranteed minimum, the maximum delivery 

order limitations in FAR 52.216-19 (b) shall apply, and the Contractor shall be governed by the 

notice requirement of FAR 52.216-19 (d).

CLIN FIRST QTR SECOND QTR THIRD QTR FOURTH QTR

____________ _________ ____________ __________ ____________

CLIN MINIMUM QUANTITY PER DESTINATION

________________ __________________________________
21

 (4) The total of the delivery orders issued during the base contract period will apply to the 

minimum guarantee stated in this paragraph (c). The Government’s obligations with regard to the 

guarantee will be satisfied when the total of the delivery orders equals or exceeds the guaranteed 

quantity or guaranteed dollar value, as applicable.

(d) If this is an Invitation for Bids (IFB) and the Government elects to award a different quantity 

than that solicited or bid upon, the delivery schedule will be changed in direct proportion to the

change in quantity. If this solicitation involves a partial set-aside, the Government will consider 

each destination (or combined destinations) separately in awarding the set-aside portion. The 

destination(s) appearing on page(s) is (are) the non set-side portion.

52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE 

RESOLUTION (ADR) (NOV 2011) -- DLAD.

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

unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) 

techniques to try to resolve the dispute. Litigation will only be considered as a last resort when 

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

resolving the dispute. 

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

with the other party. The documentation rejecting ADR must be signed by an official authorized 

to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the 

Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after 

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

include the ADR Specialist in their discussions with the Contracting Officer before determining 

ADR to be inappropriate. 

(c) The offeror should check here to opt out of this clause:

[ ] Alternate wording may be negotiated with the Contracting Officer.

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

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

Contractor shall ship with a Certificate of Conformance any supplies for which the contract 

would otherwise require inspection at source. In no case shall the Government’s right to inspect 

supplies under the inspection provisions of this contract be prejudiced. Shipments of such 

supplies will not be made under this contract until use of the Certificate of Conformance has 

been authorized in writing by the CAO, or inspection and acceptance have occurred.

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

inspection or receiving report distributed to the payment office or attached to the CAO copy 

when contract administration (Block 10 of the DD Form 250) is performed by the Defense 

Contract Administration Services. In addition, a copy of the signed certificate shall also be 

attached to or entered on copies of the inspection or receiving report accompanying the 

shipment.

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

after delivery by written notification to the Contractor. The Contractor shall in such event 

promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

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

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

lading or shipping document] in accordance with all applicable requirements. I further certify 
22

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

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

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

shown on this or on the attached acceptance document.

Date of Execution: _____________________________

 Signature: ____________________________________

 Title: ________________________________________

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. When the collection of insects is 
23

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 
24

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 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.

ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS – 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, contractually-required tests of end items or component material not 

specified by the U.S. Standards of Grade. The inspector for the Government agency having 

jurisdiction over ascertaining compliance may permit shipment, provided all other requirements 

of the contract are met. The designated Government inspector will select random samples of 

each lot of end items or component material for verification testing until the Contractor’s testing 

system is determined reliable in accordance with paragraph (c) of this clause. It is the intent of 

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

minimize Government verification testing.

(b) Compliance of product.

Acceptance of material as complying with required characteristics shall be based on the 

Contractor’s test results; provided that Government verification indicates the Contractor’s testing 
25

system is reliable, in accordance with paragraph (c) of this clause, as to each of the required 

characteristics. If the Contractor’s test system is determined to be unreliable, product compliance 

will be determined based solely on Government test results. In the event the Government detects 

any irregularities in the Contractor’s testing system, the designated Government inspector may 

withhold approval until Government test results indicate products conform to contract 

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

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

return and replacement by the component Contractor, even if previously approved by the 

Government inspector.)

(c) Reliability conditions.

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

the Government test results; unless the Government agency having jurisdiction has inspected the 

item produced at the Contractor’s plant within the previous 120 days. Unless otherwise specified 

in this contract, the Government inspector will select samples randomly from the first three lots 

of end items presented for inspection and will conduct verification testing on a skip-lot basis. 

Skip-lot verification is done by random selection of samples from not less than one lot in six 

consecutive lots presented for inspection. The sampling procedure under skip-lot places the 

succeeding lots not chosen for inspection back into the universe available for subsequent 

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

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

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

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

verification results indicate product nonconformance to contract requirements; and (ii) a 

significant disparity exists between Government laboratory results and Contractor test results. 

When a Contractor’s testing system is determined to be unreliable, compliance testing will revert 

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

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

between Government laboratory results and Contractor test results; (ii) the Government test 

results indicate significantly poorer quality than the Contractor’s; and (iii) the Government 

laboratory test results do not indicate product nonconformance to a statistically significant 

degree. When the Contractor’s testing system is considered doubtful, verification testing will be 

performed on each lot produced; however, the Government will continue to permit the 

Contractor to ship based on its own test results.

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

tests to the Contractor’s and Government’s test results. These determinations shall be 

accomplished by the DLA Troop Support, Directorate of Subsistence, Product Services Office, 

700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092.

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

Notification will include details of the statistical determinations and test results used in reliability 

studies. Telephonic notification and copies of these determinations will be provided to the 

Government by DLA Troop Support FTRE.

(d) Procedures. When the Contractor elects to perform testing, the following shall apply:
26

(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 Department of Defense (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-bylot verification for every test. Testing by the Government will continue until such time as the 

Contractor’s reliability is again established.

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

samples of component or finished product or both (the quantity of which shall be the next larger 

available sample size required for unit testing and the same sample size required for composite 

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

(e) Charges applicable to unreliable test status. The prime Contractor shall be charged the costs 

of lot-by-lot inspection during the period that its testing system is considered unreliable. These 

charges will be processed and approved by the Contracting Officer.

(f) Format for Contractor/subcontractor test report.

Name and address of Contractor: 

Name and address of subcontractor: (if applicable)

Received for testing: (date) 

Contract number:

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

Quantity tested: 

Applicable specification: 

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

Quantity in lot: (units)

Testing completed: (date) 

Test report
27

(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.)

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 
28

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.

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. 

SANITARY CONDITIONS
29

(a) Food establishments.

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

contracts are subject to sanitation approval and surveillance as deemed appropriate by the 

Military Medical Service or by other Federal agencies recognized by the Military Medical 

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

products manufactured, processed, or stored in a facility which fails to maintain acceptable levels 

of food safety and food defense, is operating under such unsanitary conditions as may lead to 

product contamination or adulteration constituting a health hazard, or which has not been listed 

in an appropriate Government directory as a sanitarily approved establishment when required. 

Accordingly, the supplier agrees that, except as indicated in paragraphs (2) and (3) below, 

products furnished as a result of this contract will originate only in establishments listed in the 

U.S. Army Public Health Command (USAPHC ) 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 
30

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

acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as 

applicable, the official inspection legend or label of the inspection agency and applicable 

establishment number.

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

listed under “U.S. Establishments Approved For Sanitation And For Producing USDC Inspected 

Fishery Products” in the “USDC Participants List for Firms, Facilities, and Products”, published 

electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric 

Administration Fisheries (USDC, NOAA) (available at: seafood.nmfs.noaa.gov). All products, to 

be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as 

applicable, the full name and address of the producing facility.

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

plant compliance rating of 90 percent or higher, as certified by a state milk sanitation officer and 

listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers” (IMS), 

published by the U.S. Department of Health and Human Services, Food and Drug Administration 

(USDHHS, FDA) at 

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

These plants may serve as sources of pasteurized milk and milk products as defined in Section I 

of the “Grade ‘A’ Pasteurized Milk Ordinance” (PMO) published by the USDHHS, FDA at 

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

/default.htm.

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

Plants Surveyed and Approved for USDA Grading Service”, published electronically by Dairy 

Grading Branch, AMS, USDA (available at: 

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

sources of manufactured or processed dairy products as listed by the specific USDA 

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

product/operation code must be Worldwide Directory listed (e.g., plant is coded to produce 

cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed 

mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and processing) 

must be Worldwide Directory listed.

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

Lists” (ICSSL), published by the USDHHS, FDA at 

http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm.

(3) Establishments exempt from Worldwide Directory listing. Refer to AR 40-

657/NAVSUPINST 4355.4H/MCO P1010.31H, Veterinary/Medical Food Safety, Quality 

Assurance, and Laboratory Service, for a list of establishment types that may be exempt from 

Worldwide Directory listing. (AR 40-657 is available from National Technical Information 

Service, 5301 Shawnee Road, Alexandria, VA 22312 ; 1-888-584-8332 ; or download from web 

site: http://www.apd.army.mil/pdffiles/r40_657.pdf ) For the most current listing of exempt 

plants/products, see the Worldwide Directory (available at: 

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

(4) Subsistence items other than those exempt from listing in the Worldwide Directory, bearing 

labels reading “Distributed By”, “Manufactured For”, etc., are not acceptable unless the source 
31

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.

FEDERAL FOOD, DRUG AND COSMETIC ACT-WHOLESALE MEAT ACT

(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;
32

(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.

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

 This contract incorporates one or more clauses by reference, with the same force and effect as if they 

were given in full text. Upon request, the Contracting Officer will make their full text available. Also, 

the full text of a clause may be accessed electronically at this/these address(es):

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

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

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE/DATE

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned 

Activities Relating to Iran—Representation and Certification. (DEC 2012) 

FAR

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist 

Country (JAN 2009) DFARS

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

(a) The Government will award a contract based on the determination that the National Industries 

for the Blind’s offered price is fair and reasonable. The following shall be used to evaluate 

offers:

• DLA Troop Support will use Low Price Technically Acceptable procedures to evaluate 

all offers. The Government will evaluate the offeror’s unit prices. Pricing will be 

evaluated for an indefinite quantity to one destination. The maximum quantities for this 

acquisition will be multiplied by the offered unit price to estimate the lowest overall 

aggregate cost to the Government.

• The ability of the contractor to meet all terms and conditions of the solicitation.

(b) Options. The Government will evaluate offers for award purposes by adding the total price 

for all options to the total price for the basic requirement. The Government may determine that 

an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options 

shall not obligate the Government to exercise the option(s).

(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.

Addendum to 52.212-2: 
33

The following paragraph of 52.212-2 is amended as indicated below:

1. Paragraph (b), Options

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

(b) Tiers. The Government will evaluate offers for award purposes by adding the total 

price for all tiers to the total price for the basic requirement. The Government may 

determine that an offer is unacceptable if the tier prices are significantly unbalanced.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (AUG 2018)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the 

annual representations and certification electronically via the System for Award Management 

(SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual 

representations and certifications electronically, the Offeror shall complete only paragraphs (c) 

through (u) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a 

small business concern that is at least 51 percent directly and unconditionally owned by, and the 

management and daily business operations of which are controlled by, one or more women who 

are citizens of the United States and who are economically disadvantaged in accordance with 13 

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

WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) 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

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement 

of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, 

or that owns or controls one or more entities that control an immediate owner of the offeror. No 

entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. 

Indicators of control include, but are not limited to, one or more of the following: Ownership or 

interlocking management, identity of interests among family members, shared facilities and 

equipment, and the common use of employees. 

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of 

an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and 

definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-

9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, 

or otherwise made or processed from raw materials into the finished product that is to be 
34

provided to the Government. If a product is disassembled and reassembled, the place of 

reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of 

the predecessor.

“Restricted business operations” means business operations in Sudan that include power 

production activities, mineral extraction activities, oil-related activities, or the production of 

military equipment, as those terms are defined in the Sudan Accountability and Divestment Act 

of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that 

the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act 

of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government 

of southern Sudan;

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

Control in the Department of the Treasury, or are expressly exempted under Federal law 

from the requirement to be conducted under such authorization;

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

(4) Consist of providing goods or services to an internationally recognized peacekeeping 

force or humanitarian organization;

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

education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology 

that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the 

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) 

of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled 

veterans or, in the case of any publicly owned business, not less than 51 percent 

of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one 

or more service-disabled veterans or, in the case of a service-disabled veteran 

with permanent and severe disability, the spouse or permanent caregiver of such 

veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a 

disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned 

and operated, not dominant in the field of operation in which it is bidding on Government 

contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size 

standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small 

business concern under the size standard applicable to the acquisition, that--

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

124.105) by--
35

(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—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of 

the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or 

more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one 

or more women; or in the case of any publicly owned business, at least 51 percent of the its stock 

is owned by one or more women; and whose management and daily business operations are 

controlled by one or more women. 

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any 

publicly owned business, at least 51 percent of the stock of which is owned by one or 

more women; and

(2) Whose management and daily business operations are controlled by one or more 

women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in 

accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent 

directly and unconditionally owned by, and the management and daily business operations of 

which are controlled by, one or more women who are citizens of the United States.

(b) 

(1) Annual Representations and Certifications. Any changes provided by the offeror in 

paragraph (b)(2) of this provision do not automatically change the representations and

certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically 

via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM 

database information, the offeror verifies by submission of this offer that the 

representation and certifications currently posted electronically at FAR 52.212-3, Offeror 

Representations and Certifications—Commercial Items, have been entered or updated in 

the last 12 months, are current, accurate, complete, and applicable to this solicitation 

(including the business size standard applicable to the NAICS code referenced for this 

solicitation), as of the date of this offer and are incorporated in this offer by reference 
36

(see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the 

applicable paragraphs at (c) through (u) of this provision that the offeror has completed 

for the purposes of this solicitation only, if any. These amended representation(s) and/or 

certification(s) are also incorporated in this offer and are current, accurate, and 

complete as of the date of this offer. Any changes provided by the offeror are applicable 

to this solicitation only, and do not result in an update to the representations and 

certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be 

performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is 

not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented 

itself as a small business concern in paragraph (c)(1) of this provision.] The offeror 

represents as part of its offer that it [_] is, [_] is not a veteran-owned small business 

concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror 

represented itself as a veteran-owned small business concern in paragraph (c)(2) of this 

provision.] The offeror represents as part of its offer that it [_] is, [_] is not a servicedisabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself 

as a small business concern in paragraph (c)(1) of this provision.] The offeror represents 

that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 

124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented 

itself as a small business concern in paragraph (c)(1) of this provision.] The offeror 

represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed 

the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror 

represented itself as a women-owned small business concern in paragraph (c)(5) of this 

provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has 

provided all the required documents to the WOSB Repository, and no change in 

circumstances or adverse decisions have been issued that affects its eligibility; 

and

(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
37

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 

CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is 

accurate for each EDWOSB concern participating in the joint venture. [The 

offeror shall enter the name or names of the EDWOSB concern and other small 

businesses that are participating in the joint venture: _____________.] Each 

EDWOSB concern participating in the joint venture shall submit a separate signed 

copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only 

if the offeror is a women-owned business concern and did not represent itself as a small 

business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] 

is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small 

business offerors may identify the labor surplus areas in which costs to be incurred on 

account of manufacturing or production (by offeror or first-tier subcontractors) amount to 

more than 50 percent of the contract price:

___________________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as 

a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as 

part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this 

representation, on the List of Qualified HUBZone Small Business Concerns 

maintained by the Small Business Administration, and no material changes in 

ownership and control, principal office, or HUBZone employee percentage have 

occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the 

requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of 

this provision is accurate for each HUBZone small business concern participating 

in the HUBZone joint venture. [The offeror shall enter the names of each of the 

HUBZone small business concerns participating in the HUBZone joint venture: 

__________.] Each HUBZone small business concern participating in the 

HUBZone joint venture shall submit a separate signed copy of the HUBZone 

representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject 

to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have 

on file, at each establishment, affirmative action programs required by rules and 

regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(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 
38

resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a

lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete 

and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to 

provide the name of the registrants. The offeror need not report regularly employed officers or 

employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation 

(FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of 

this provision, is a domestic end product and that for other than COTS items, the offeror 

has considered components of unknown origin to have been mined, produced, or 

manufactured outside the United States. The offeror shall list as foreign end products 

those end products manufactured in the United States that do not qualify as domestic end 

products, i.e., an end product that is not a COTS item and does not meet the component 

test in paragraph (2) of the definition of “domestic end product.” The terms 

“commercially available off-the-shelf (COTS) item,” “component,” “domestic end 

product,” “end product,” “foreign end product,” and “United States” are defined in the 

clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures 

of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies 

only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli 

Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph 

(g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for 

other than COTS items, the offeror has considered components of unknown origin 

to have been mined, produced, or manufactured outside the United States. The 

terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” 

“commercially available off-the-shelf (COTS) item,” “component,” “domestic 

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

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

and “United States” are defined in the clause of this solicitation entitled “Buy 

American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement 

country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or 

Peruvian end products) or Israeli end products as defined in the clause of this 

solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade 

Act”:

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

Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN
39

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than 

those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of 

this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade 

Act.” The offeror shall list as other foreign end products those end products 

manufactured in the United States that do not qualify as domestic end products, 

i.e., an end product that is not a COTS item and does not meet the component test 

in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and 

procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If 

Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the 

following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end 

products as defined in the clause of this solicitation entitled “Buy 

American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

___________________________________________

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the 

following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end 

products or Israeli end products as defined in the clause of this solicitation 

entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. 

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the 

following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
40

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade 

Agreement country end products (other than Bahrainian, Korean,

Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end 

products as defined in the clause of this solicitation entitled “Buy 

American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, 

Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade 

Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph 

(g)(5)(ii) of this provision, is a U.S.-made or designated country end product as 

defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not 

U.S.-made or designated country end products.

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and 

procedures of FAR Part 25. For line items covered by the WTO GPA, the 

Government will evaluate offers of U.S.-made or designated country end products 

without regard to the restrictions of the Buy American statute. The Government 

will consider for award only offers of U.S.-made or designated country end 

products unless the Contracting Officer determines that there are no offers for 

such products or that the offers for such products are insufficient to fulfill the 

requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the 

contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to 

the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or 

declared ineligible for the award of contracts by any Federal agency; 

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted 

of or had a civil judgment rendered against them for: commission of fraud or a criminal 

offense in connection with obtaining, attempting to obtain, or performing a Federal, state 

or local government contract or subcontract; violation of Federal or state antitrust statutes 

relating to the submission of offers; or commission of embezzlement, theft, forgery, 

bribery, falsification or destruction of records, making false statements, tax evasion, 

violating Federal criminal tax laws, or receiving stolen property; and
41

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged 

by a Government entity with, commission of any of these offenses enumerated in 

paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified 

of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability 

remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally 

determined if it has been assessed. A liability is not finally determined if 

there is a pending administrative or judicial challenge. In the case of a 

judicial challenge to the liability, the liability is not finally determined 

until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is 

delinquent if the taxpayer has failed to pay the tax liability when full 

payment was due and required. A taxpayer is not delinquent in cases 

where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under 

I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a 

proposed tax deficiency. This is not a delinquent tax because it is not a 

final tax liability. Should the taxpayer seek Tax Court review, this will not 

be a final tax liability until the taxpayer has exercised all judicial appear 

rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an 

assessed tax liability, and the taxpayer has been issued a notice under 

I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS 

Office of Appeals Contesting the lien filing, and to further appeal to the 

Tax Court if the IRS determines to sustain the lien filing. In the course of 

the hearing, the taxpayer is entitled to contest the underlying tax liability 

because the taxpayer has had no prior opportunity to contest the liability. 

This is not a delinquent tax because it is not a final tax liability. Should the 

taxpayer seek tax court review, this will not be a final tax liability until the 

taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to 

I.R.C. §6159. The taxpayer is making timely payments and is in full 

compliance with the agreement terms. The taxpayer is not delinquent 

because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not 

delinquent because enforced collection action is stayed under 11 U.S.C. 

§362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 

13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired 

under this solicitation that are included in the List of Products Requiring Contractor Certification 

as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:
42

(2) Certification. [If the Contracting Officer has identified end products and countries of 

origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) 

or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this 

provision that was mined, produced, or manufactured in the corresponding 

country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this 

provision that was mined, produced, or manufactured in the corresponding 

country as listed for that product. The offeror certifies that is has made a good 

faith effort to determine whether forced or indentured child labor was used to 

mine, produce, or manufacture any such end product furnished under this 

contract. On the basis of those efforts, the offeror certifies that it is not aware of 

any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the 

acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate 

whether the place of manufacture of the end products it expects to provide in response to this 

solicitation is predominantly—

(1) [_] In the United States (Check this box if the total anticipated price of offered end 

products manufactured in the United States exceeds the total anticipated price of offered 

end products manufactured outside the United States); or 

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor 

Standards. (Certification by the offeror as to its compliance with respect to the contract also 

constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt 

services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) 

applies.]

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 

22.1003-4(c)(1). The offeror [_] does [_] does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly 

for other than Governmental purposes and are sold or traded by the offeror (or 

subcontractor in the case of an exempt subcontract) in substantial quantities to the 

general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established 

catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, 

calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees 

performing work under the contract will be the same as that used for these 

employees and equivalent employees servicing the same equipment of 

commercial customers.

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] 

does not certify that—

(i) The services under the contract are offered and sold regularly to nonGovernmental 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));
43

(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 the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) 

of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 

3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and 

implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent 

amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 

7701(c)(3)). If the resulting contract is subject to the payment reporting requirements 

described in FAR 4.904, the TIN provided hereunder may be matched with IRS records 

to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

[_] TIN:_____________________.

[_] TIN has been applied for.

[_] TIN is not required because:

[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that 

does not have income effectively connected with the conduct of a trade or 

business in the United States and does not have an office or place of business or a 

fiscal paying agent in the United States;

[_] Offeror is an agency or instrumentality of a foreign government;

[_] Offeror is an agency or instrumentality of the Federal Government;

(4) Type of organization.

[_] Sole proprietorship;

[_] Partnership;

[_] Corporate entity (not tax-exempt);

[_] Corporate entity (tax-exempt);

[_] Government entity (Federal, State, or local);

[_] Foreign government;

[_] International organization per 26 CFR 1.6049-4;

[_] Other ____________________.

(5) Common parent.

[_] Offeror is not owned or controlled by a common parent:

[_] Name and TIN of common parent:
44

Name ____________________________________

TIN ______________________________________

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that 

the offeror does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations—

(1) Government agencies are not permitted to use appropriated (or otherwise made 

available) funds for contracts with either an inverted domestic corporation, or a 

subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies 

or the requirement is waived in accordance with the procedures at 9.108-4.

(2) Representation. The offeror represents that—

(i) It [ ] is, [ ] is not an inverted domestic corporation; and

(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating 

to Iran.

(1) The offeror shall email questions concerning sensitive technology to the Department 

of State at CISADA106@state.gov.

(2) Representation and Certification. Unless a waiver is granted or an exception applies 

as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—

(i) Represents, to the best of its knowledge and belief, that the offeror does not 

export any sensitive technology to the government of Iran or any entities or 

individuals owned or controlled by, or acting on behalf or at the direction of, the 

government of Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, 

does not engage in any activities for which sanctions may be imposed under 

section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, 

does not knowingly engage in any transaction that exceeds $3,500 with Iran’s 

Revolutionary Guard Corps or any of its officials, agents, or affiliates, the 

property and interests in property of which are blocked pursuant to the 

International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see 

OFAC’s Specially Designated Nationals and Blocked Persons List at 

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 identifier 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)
45

Is the immediate owner owned or controlled by another entity:

[ ] Yes or [ ] No.

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the 

immediate owner is owned or controlled by another entity, then enter the following 

information:

Highest level owner CAGE code:_____________________________________________

Highest level owner legal name:______________________________________________

(Do not use a “doing business as” name)

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction 

under any Federal Law.

(1) As required by section 744 and 745 of Division E of the Consolidated and Further 

Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if 

contained in subsequent appropriations acts, the Government will not enter into a contract 

with any corporation that—

(i) Has any unpaid Federal tax liability that has been assessed, for which all 

judicial and administrative remedies have been exhausted or have lapsed, and that 

is not being paid in a timely manner pursuant to an agreement with the authority 

responsible for collecting the tax liability, where the awarding agency is aware of 

the unpaid tax liability, unless and agency has considered suspension or 

debarment of the corporation and made a determination that suspension or 

debarment is not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the 

preceding 24 months, where the awarding agency is aware of the conviction, 

unless an agency has considered suspension or debarment of the corporation and 

made a determination that this action is not necessary to protect the interests of 

the Government.

(2) The Offeror represents that--

(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has 

been assessed, for which all judicial and administrative remedies have been 

exhausted or have lapsed, and that is not being paid in a timely manner pursuant 

to an agreement with the authority responsible for collecting the tax liability; and 

(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation 

under a Federal law within the preceding 24 months.

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, 

Commercial and Government Entity Code Reporting.)

(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a 

Federal contract or grant within the last three years.

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the 

following information for all predecessors that held a Federal contract or grant within the 

last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code ______(or mark “Unknown).

Predecessor legal name: _________________________. 

(Do not use a “doing business as” name).

(s) Reserved.

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all 

solicitations that require offerors to register in SAM (52.212-1(k)).

(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 
46

Offeror received less than $7.5 million in Federal contract awards in the prior Federal 

fiscal year.

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. 

(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] 

does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes 

available on a publicly accessible Web site the results of a greenhouse gas 

inventory, performed in accordance with an accounting standard with publicly 

available and consistently applied criteria, such as the Greenhouse Gas Protocol 

Corporate Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] 

does, [ ] does not publicly disclose a quantitative greenhouse gas emissions 

reduction goal, i.e., make available on a publicly accessible Web site a target to 

reduce absolute emissions or emissions intensity by a specific quantity or 

percentage.

(iii) A publicly accessible Web site includes the Offeror's own Web site or a 

recognized, third-party greenhouse gas emissions reporting program.

(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, 

respectively, the Offeror shall provide the publicly accessible Web site(s) where 

greenhouse gas emissions and/or reduction goals are reported:_____.

(u)

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and 

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor 

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

Government agencies are not permitted to use appropriated (or otherwise made available) 

funds for contracts with an entity that requires employees or subcontractors of such entity 

seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or 

statements prohibiting or otherwise restricting such employees or subcontractors from 

lawfully reporting such waste, fraud, or abuse to a designated investigative or law 

enforcement representative of a Federal department or agency authorized to receive such 

information.

(2) The prohibition in paragraph (u)(1) of this provision does not contravene 

requirements applicable to Standard Form 312 (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).

Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the 

basic provision:

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 

of this provision.)

[The offeror shall check the category in which its ownership falls]:

____ Black American.
47

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, 

Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), 

Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, 

Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, 

Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, 

Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

52.215-6 PLACE OF PERFORMANCE (OCT 1997) – FAR 

(a) The offeror or respondent, in the performance of any contract resulting from this 

solicitation, __ intends, __ does not intend [check applicable block] to use one or more plants or 

facilities located at a different address from the address of the offeror or respondent as indicated 

in this proposal or response to request for information. 

(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 

________________________________ __________________________________________ 

________________________________ __________________________________________ 

________________________________ __________________________________________

________________________________ __________________________________________

52.216-1 TYPE OF CONTRACT (APR 1984) – FAR 

The Government contemplates award of a Firm Fixed Price/Indefinite Delivery/Indefinite 

Quantity contract resulting from this solicitation.

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) –FAR 

This solicitation incorporates one or more solicitation provisions by reference, with the same force and 

effect as if they were given in full text. Upon request, the Contracting Officer will make their full text 

available. The offeror is cautioned that the listed provisions may include blocks that must be completed 

by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those 

provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate 

information with its quotation or offer. Also, the full text of a solicitation provision may be accessed 

electronically at this/these address(es):

http://www.acquisition.gov/far/

http://farsite.hill.af.mil/vfdfara.htm