28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION 

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000128023

1. REQUISITION NUMBER

SPE3S1-22-D-Z250

2. CONTRACT NO.

2022 JUL 20

3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-21-R-0010

5. SOLICITATION NUMBER

2021 OCT 29

6. SOLICITATION ISSUE 

 DATE 

a. NAME b. TELEPHONE NUMBER (No collect 

 calls)

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Local Admin: Jennifer Dam PSPTRA3 Tel: 215-737-7898 Fax: 215-737-4115 

Email: JENNIFER.DAM@DLA.MIL

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

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311920

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA- 

 TION UNLESS BLOCK IS 

 MARKED

Net 15 days

12. DISCOUNT TERMS

 13a. THIS CONTRACT IS A 

 RATED ORDER UNDER 

 DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SPE3S1

SEE BLOCK 9 

Criticality: PAS : None

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

72UW3

NEX-XOS WORLDWIDE LLC 

DBA XMRE 

3922 PEMBROKE RD 

HOLLYWOOD FL 33021-8127 

USA

TELEPHONE NO. 9543170576

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC 

BSM 

P O BOX 182317 

COLUMBUS OH 43218-2317 

USA

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

OFFER

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

 BELOW IS CHECKED.

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA

$9,294,335.80

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

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

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

Harry Streibich 

HARRY.STREIBICH@DLA.MIL

31b. NAME OF CONTRACTING OFFICER (Type or Print)

2022 JUL 20

31c. DATE SIGNED

Nex-Xos Worldwide, LLC.'s

2022-May-26

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

 DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), 

 INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , 

 HEREIN IS ACCEPTED AS TO ITEMS: 

EDWOSB

PAGE 1 OF 13

Harry Streibich
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses (CONTINUED)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses (CONTINUED)

 

Appointments must be scheduled prior to making all deliveries by calling 209-839-5597 or email to 

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

 

The shelf life requirement is 18 months. 

 

Product Brand/Label changes: 

 

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

for any contract item. If another brand/label is proposed, the government may request new product samples. If the 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses (CONTINUED)

Government considers the new proposed item an improvement, and a better value considering price, it will advise 

the contractor in writing of its acceptance of the replacement brand/label, and the new item will be the contract 

brand/label evaluated for future delivery orders. An approved brand/label replacement shall not modify any existing 

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

 

 

 

TECHNICAL/QUALITY DATA 

 

1. INSPECTION AND ACCEPTANCE REQUIREMENTS 

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

greater than a single shift's production. 

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

 

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

52.246-9024, Alternative Inspection Requirements for Selected Items. 

 

 

2. TRACEABILITY 

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

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

These package codes shall be permanent and legible. 

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

example (20296 12:15), 20296 = October 23, 2020 and 12:15 representing the time of filling/sealing. When not 

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

contractor shall provide the coding information for the primary containers and the contract data markings upon 

delivery. Package codes (to include time per case lot number shall be identified on the appropriate accompanying 

WAWF report upon delivery.) 

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

sources for those ingredients. This shall be accomplished for 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. 

 

3. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS 

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

Quality Assurance and Laboratory Service, DLAR 4155.3, Inspections of Subsistence Supplies and Services, DLAD 

52.246-9044, "SANITARY CONDITIONS (APR 2014), and as clarified by the Armed Forces Food Risk Evaluation 

Committee, 31 JAN 1996, all Operational Ration Food Components will originate from sanitarily approved 

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

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

an establishment inspected and approved by the U.S. Department of Agriculture (USDA) or the U.S. Department of 

Commerce (USDC) and possessing a USDA/USDC establishment number. This requirement applies to all GFM and 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses (CONTINUED)

CFM Operational Ration Food Components and to all Operational Ration types. Requests for inspection and 

"Directory" listing by USAIPH will be routed through DLA Troop Support-FTSC for coordination and action. 

Situations involving sole sources of supply, proprietary supply sources, and commercial Brand Name items will be 

evaluated directly by the Chief, DLA Troop Support-FTSC, in coordination with the Chief, Approved Sources 

Division, USAIPH. 

SANITARY CONDITIONS 

(a) Food establishments.

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

sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal 

agencies recognized by the Military Medical Service. The Government does not intend to make any award for, nor 

accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable 

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

contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate Government 

directory as a sanitarily approved establishment when required. Accordingly, the supplier agrees that, except as 

indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in 

establishments listed in the U.S. Army Institute of Public Health (USAIPH) Circular 40-1, Worldwide Directory of 

Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at: http://

phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). Compliance with the 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.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses (CONTINUED)

ams.usda.gov/poultry/grading.htm. 

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

Poultry and Egg Product Inspection Directory” published by the USDA FSIS at http://apps.ams.usda.gov/plantbook/

QueryPages/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 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 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses (CONTINUED)

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. 

4. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS 

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

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

April 2014, with the following information on two adjacent sides of the load with the largest characters possible as 

follows: 

Unitized Ration Component 

National Stock Number 

Item Name 

Date of Pack and Lot Number 

Number of Shipping Containers per Pallet 

Contract Number 

Contractor's name and Address 

Inspection Test Date (ITD) 

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

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

Example, if the Date of Pack is June 2019, and the shelf life is 36 months (3 years), then the ITD is computed as 

follows: 6/19 + 3 years = 6/22. If labels are used, they shall be permanently affixed with water-resistant adhesive tape. 

Shipments without the appropriate Shipping Container and Unit Load Markings will be rejected and returned to 

origin, or at the Contracting Officers discretion, reworked at a labor rate determined by the destination activity (not 

DLA Troop Support). 

5. UNITIZATION 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses (CONTINUED)

Unit loads shall have the shipping containers arranged on a 40 inch by 48 inch commercial wood or plywood fourway entry pallet, or on a 48 inch by 40 inch Grocery Manufacturers of America wood four-way entry pallet. The load 

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

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

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

unit. For example, when strapping is used to secure the load, the straps shall pass under the top deck boards of the 

pallet. When stretch or shrink film is used, it must be applied low enough on the pallet to secure the load to the pallet. 

The unit load height shall not exceed 50 inches. 

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

3507 of April 2014 entitled “Loads, Unit: Preparation of Semi-perishable Subsistence Items.” 

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

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

REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) 

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

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

 

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

dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, 

such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD). 

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

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

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

ISPM 15 whenever WPM is used to ship DoD cargo. 

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

(KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood Packaging 

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

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

placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer 

or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be 

marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or 

securing the load shall also comply with ISPM 15 and be marked with an ASLC approved DUNNAGE stamp. 

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

materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs 

incurred by the Government. 

 

6. QUALITY ASSURANCE PROVISIONS INSPECTION/ACCEPTANCE 

The contractor must meet all characteristics specified herein. For product requiring contractor-paid USDA, only enditem inspection of the finished product for compliance with contract requirements shall be lot inspected by USDA, 

AMS, FV, PPB In addition, Government inspection shall also be at destination for identity, count and condition for 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses (CONTINUED)

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

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

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

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

4. All delivered product shall be free of defects. 

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

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

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

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

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

closed product code. 

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

 

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

origin, or at the Contracting Officer's discretion reworked at a labor rate determined by the destination activity (not 

DLA Troop Support). 

QUALITY ASSURANCE PROVISIONS:

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

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

including product characteristics, manufacturing procedures, quality control procedures, and storage and handling 

practices; has a national or regional distribution from storage facilities located within the United States, its territories, 

or possessions; and is sold on the commercial market. 

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

of origin and any time thereafter, as may be necessary, to include delivery at final destination, and for the time the 

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

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

only be considered acceptable to the Government when the rework procedure has a reasonable probability of 

correcting the deficiency. 

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

date of initial rejection. 

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

Part 110, “Current Good Manufacturing Practices in Manufacturing, Packing or Holding Human Food,” and all 

regulations referenced therein. 

 

7. DATE OF PACK 

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

Additionally, all shipments of components/product from a producer to destination/assembly points shall not be older 

than 90 days at delivery. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 13 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-D-Z250

Part 12 Clauses (CONTINUED)

 

8. PACKAGING: 

 

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

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

during shipment and storage. Unit packages shall also be able to withstand subsequent handling. Unit packs 

susceptible to corrosion or deterioration shall be protected by preservative coatings. Items requiring protection from 

physical damage, or which are fragile in nature (i.e., glass) shall be protected by wrapping, cushioning, etc. or other 

means to mitigate damage during handling and shipment. If screw caps are used, they shall be secured to the bottles 

with a band of plastic shrink film or plastic tape. All bottles shall be hermetically sealed (inner seal) and secured to 

withstand any position in the shipping container without leaking. 

 

9. LABELING:

 

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

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

package. All markings must comply with the applicable laws as set forth by the Federal Food Drug and Cosmetic Act 

and regulations promulgated there under. 

 

10. PACKING:

 

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

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

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

 

 

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

 

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT 

INFORMATION (OCT 2016) DFARS

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) FAR

 

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES 

(JAN 2021) DFARS

 

Attachments
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 13 PAGES

SPE3S1-22-D-Z250

Attachments (CONTINUED)

List of Attachments

Description File Name

ATTACH_Contractor_s_sig

ned_page

Nex-Xos signed contract 

page 1.pdf