1

DEFENSE LOGISTICS AGENCY

DLA TROOP SUPPORT

700 ROBBINS AVE, BLDG 6 

PHILADELPHIA, PENNSYLVANIA 

IN REPLY

 REFER

DLA-FTRC January 13 , 2017

MEMORANDUM FOR T (Lyles, X8484) 

Subject: NIB Allocation Request

The following information is provided regarding a mandatory NIB acquisition

This allocation request is for the acquisition of Food Packet, Survival, Abandon Ship for The DLA Troop Support, 

Subsistence Directorate, Operational Rations Division, Individual Rations, Assembly Team. This item is mandatory 

from the National Industries for the Blind (NIB). This contract is a tiered, three (3) year contract. The contract will 

be effective from date of award through 1,095 days.

TIER PERIODS

The resulting contract will be three (3) Years, consisting of three 12-Month Tier Periods. Acceptance of each of the 

Three Tiers is mandatory. Offerors are cautioned to take extreme care when preparing proposals for this allocation. 

All terms and conditions should be reviewed carefully. The resultant contract will be effective from:

Tier 1: Date of award through 365 days thereafter

Tier 2: From date of 366 days through 730 days thereafter

Tier 3: From date of 731 days through 1,095 days thereafter

Requirement: The price offered for this item below must be Firm Fixed Price, F.O.B. Origin.

NSN: 8970-01-434-3192 

FOOD PACKET, SURVIVAL TYPE II, ABANDON SHIP 567 GM, IND, 3 DAY, CID A-A-20331.

 

 Estimated Unit Price

 Annual Quantity (Per Pouch) Total Amount

Tier 1: Date of award through 365 days thereafter 52,500 $_________ $_________

Tier 2: From date of 366 days through 730 days thereafter 52,500 $_________ $_________ 

Tier 3: From date of 731 days through 1,095 days thereafter 52,500 $_________ $_________ 

 Total for 3-year period: $_____ 

*OFFER ON EACH TIER IS MANDATORY.

Minimum Contract (for the 3-Year period) Quantity: 52,500 pouches 

Maximum Contract (for the 3-Year period) Quantity: 210,000 pouches

Inspection/Acceptance will be at Origin 

Required delivery dates will be 90 days after issuance of each delivery order. Please state your ability to meet this 

lead-time and state the best lead-time you can provide:_________

Unit prices must be formatted two (2) places to the right of the decimal point.

If you have any questions concerning the above, please contact Tiendung Nguyen, X0823

TIENDUNG NGUYEN

Contracting Officer

Subsistence Supplier Operation Directorate
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STATEMENT OF WORK

A. Introduction and General Information

1. Effective Period of Contract

This contract is a tiered, three (3) year contract. The contract will be effective from date of award 

through 1,095 days.

Note: Deliveries might fall outside of effective period.

See contract clauses 52.216-18, Ordering and 52.216-22, Indefinite Quantity for ordering and delivery 

periods.

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

B. Technical/Quality Data

1. Item Description/Specification:

a. NSN: 8970-01-434-3192 FOOD PACKET, SURVIVAL, ABANDON SHIP, Individual, 

567 gm, designed for 1 person for 3 days; A-A-20331, Type II; Unit of issue: pouch (pz)

b. Prime Document: Food Packet, Survival. Commercial Item Description (CID) and Packaging 

Requirements and Quality Assurance Provisions (PKG&QAP) A-A-20331A. CID A-A-20331A 

dated 24 SEP 2014. PKG&QAP A-A-20331A dated 24 OCT 2014.

c. Date of Pack: Acceptance will be limited to product processed and packed subsequent to date of 

award. Additionally, all shipments of components/product from a producer to 

destination/assembly points shall not be older than three months at time of shipment. 

2. Packaging and Marking

a. Packaging – Packaging shall be in accordance with Section D-1 of the PKG&QAP A-A-20331A. 

b. Labeling – Labeling shall be in accordance with Section D-2 of the PKG&QAP A-A-20331A. 

c. Packing – Packing shall be in accordance with Section D-3 of the PKG&QAP A-A-20331A.

d. Unitization–Unit loads shall be unitized and inspected in accordance with Type II, Class G of 

DLA Troop Support Form 3507, Loads, Unit: Preparation of Semiperishable Subsistence Items. 

Unit load height shall not exceed 50 inches. 

D-5 Marking – Marking shall be in accordance with Section D-5 of the PKG&QAP A-A-20331A.

3. Miscellaneous Characteristics 

a. Compliance with Applicable Regulations:

i. The Contractor and all sub-contractors shall comply with 21 CFR §110 “Current Good 

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

other applicable regulations. 

ii. All products shall comply with all applicable Federal and State mandatory requirements and 

regulations relating to the preparation, processing, packaging, labeling, packing, storage, and 

distribution of those products and with all applicable provisions of the Federal Food, Drug 

and Cosmetic Act and regulations promulgated thereunder. 

b. Product Sanitarily Approved Source Requirements:
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i. As required by 48 CFR §246.408-70, Subsistence; AR 40-657/NAVSUP 4355.4H/MCO 

P10110.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service; 

DLAR 4155.3, Inspection of Subsistence Supplies and Services; DLAD 52.246-9044, 

Sanitary Conditions; and as clarified by the Armed Forces Food Risk Evaluation Committee, 

all Operational Ration Food Components shall originate from establishments sanitarily 

approved for supplying the specific food item.

ii. Sanitary approval is established by:

1. Listing in the Worldwide Directory of Sanitarily Approved Food Establishments 

for Armed Forces Procurement (Worldwide Directory) as established by the 

U.S. Army Public Health Command (USAPHC), or 

2. An establishment specifically exempted from listing in the Worldwide Directory 

by AR 40-657/NAVSUP 4355.4H/MCO P10110.31H paragraph 2-15a(2)(a) 

through (i). 

iii. This requirement applies to all Operational Rations and all Government Furnished Materiel 

(GFM) and CFM Operational Ration food components. 

iv. Requests for inspection and Worldwide Directory listing by VETCOM will be routed 

through DLA Troop Support-FTR 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-FTR, in coordination with the Chief, 

Approved Sources Division, VETCOM.

c. Food Security:

i. All rations and components should be processed and transported in accordance to the Food 

and Drug Administration’s (FDA) Guidance for Industry: Food Producers, Processors, and 

Transporters: Food Security Preventive Measures Guidance.

ii. This guidance identifies the kinds of preventive measures food manufacturers, processors, or 

handlers may take to minimize the risk that food under their control will be subject to 

tampering or other malicious, criminal, or terrorist actions. The implementation of enhanced 

food security preventive measures provides for the security of a plant’s production processes 

and includes the storage and transportation of pre-production raw materials, other 

ingredients, and postproduction finished product.

iii. The guidance can be found at: 

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

FoodDefense/ucm083075.htm

d. Integrated Pest Management Program Requirements:

i. The requirements of the “Integrated Pest Management (IPM) Program Requirements for 

Operation Rations” (28 April 2011) and the “Contractor Sanitation Program – Operational 

Rations” (March 1996) apply to all Ration Assembly and Component operations except as 

specifically exempted in Section E of this document. 

ii. Evidence of insect, rodent or pest infestation; foreign material; or contamination of any 

component item, filled and sealed accessory packet, filled and sealed menu bag, or final 

assembly packed case will be cause for rejection of the involved lot or lots. 

e. Additional Requirements
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i. Approval or acceptance of a Program Decision Memorandum (PDM) shall not constitute a 

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

ii. Components shall be utilized in assembly operation on oldest-date-of-pack basis. Contractor 

shall be solely responsible for the proper care and storage of all components.

4. Inspection/Acceptance:

Saving and reserving all rights under the inspection requirements (FAR Clauses 52.246-2), the procedures 

of inspection and acceptance will be as follows:

1. U.S. Army Public Health Center is designated cognizance for the support of the Government's quality 

assurance requirements at the assembly facility. When U.S. Army Public Health Center is designated 

cognizance for the support of the Government’s quality assurance requirements, the responsibilities and 

authorities cited in the regulations, command policies, etc. of the respective agency and those regulations, 

command policies, etc. to which that agency is subject, are applicable to the contract in conjunction with 

the quality assurance requirements of the contract.

 a. Government verification inspection (conducted by the GQAR or Government laboratory) shall be 

withheld, at a minimum, until the contractor's completed inspection results are presented to the 

Government's Quality Assurance Representative (GQAR). Unless otherwise authorized, in writing, by the 

contracting officer, the GQAR and/or Government laboratory shall not perform Government verification 

inspection/testing unless the contractor's lot submittal package (examination/test results-including 

analytical testing) provided to the GQAR indicates conformance to ALL contractual requirements

 i. Compliance with all examinations contained or referenced in Section E of Packaging 

Requirements and Quality Assurance Provisions for CID A-A-20331A (PKG&QAP A-A-20331A) shall be 

verified by the GQAR by the Certificate(s) of Conformance (CoC) presented by the offeror. If government 

verification examination is performed on a filled and sealed lot, product shall be examined in accordance 

with the inspections applicable PKG&QAP.

 ii. Compliance with all applicable tests contained or referenced in Section 6 of A-A-20331A, 

Commercial Item Description, Food Packet, Survival (CID A-A-20331A), shall be verified by the GQAR 

by the Certificate(s) of Analysis (CoA) presented by the offeror. If government verification testing is 

performed for moisture on a filled and sealed lot, product shall be tested in accordance with the applicable 

commercial item description.

2. Particular Requirements for Ration Assembler

 a. The word "contractor" as used herein, shall mean the ration assembly/sub assembly contractor to 

which this contract applies.

 b. The contractor will have a quality assurance program that supports continuous improvement in the 

particular requirements applicable to the Food Packet, Survival, Type II, as outlined herein.

 c. The contractor will perform inspections in accordance with the requirements of the acquisition 

document CID 20331A, in accordance with all examinations and tests contained or referenced in Section 

C-2,E and Section E of PKG&QAP 20331A, as amended by the paragraphs composing C.,1.,a. of this 

solicitation.

 d. Regardless of the Government agency having jurisdiction upon ascertaining compliance to 

contractual requirements at the supplier’s production/assembly facility, a USDA laboratory will perform all 

Government verification testing. 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 USDA laboratory.

 e. Plan for the Inspection Job (PIJ)

 i. Prior to initiating production of supplies, the contractor must furnish information to and cooperate 

in the completion by the QAR of DLA Troop Support 3587 (Plan for the Inspection Job (PIJ)) which may 

include, but not necessarily be limited to, the following data or information:

 (1.) Detailed production schedule.

 (2.) Lot size, lot presentation, and sampling procedures and techniques.
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 (3.) Facilities to be provided Government personnel.

 (4.) Name(s) and title(s) of authorized contractor representatives.

 (5.) Agreement that the cognizant quality assurance service will be notified in advance of each 

day's production so that arrangements can be made by the Government to have Quality Assurance 

Representatives (QAR) available.

 (6.) Procedures for notification of critical defects, ex. swellers, leakers and/or excessive amounts 

of defects being found.

 ii. The PIJ prepared by the QAR is deemed complete and approved for the production of supplies as 

described therein when dated and signed by the contractor and the QAR. A copy of the completed and 

signed PIJ and subsequent revisions shall be submitted to DLA Troop Support-FTSB. Preparation of this 

document may require preproduction/post-award conferences between Government and contractor 

representatives. The contractor shall sign and date the PIJ to signify agreement to all terms and conditions 

therein. Production of supplies shall not commence until the document is signed by both parties. The 

document may remain in effect for subsequent contracts provided it is reviewed (revised as necessary) at 

quarterly intervals, initialed and dated by the contractor and the QAR to certify currency. The document 

shall be revised/amended prior to production of new items not included in the basic document or whenever 

significant changes occur in contractual inspection documents that necessitate modification. When signed 

by both the contractor and the QAR, the PIJ document is contractually binding. Failure of the contractor to 

comply with the document will be reported by the QAR to the contracting officer for appropriate action for 

noncompliance with the inspection requirements of the contract. 

However, occasional minor deviations from the scheduled production hours or lot size(s) cited in 

the PIJ may be approved by the QAR for cogent reasons. The contractor shall make no changes in the 

approved PIJ document without submitting a written request detailing the change and receiving written 

approval from the QAR. In the event the contractor and the QAR cannot agree on any detail of the content 

of the document, the QAR shall refer the conflict to the contracting officer for resolution.

 f. Traceability Requirements and Examination

The ration assembler shall maintain records identifying the components used in packing and 

assembling each end item lot. These records shall maintain traceability of components to the extent that a 

lot and contract number of a component can be traced to an assembled end item lot. The system should 

also enable the assembler to list component contract numbers and lots within a particular end item lot. The 

assembled end item lot, usually one day's production, shall be clearly identified on the exterior of each 

case. In addition, the ration assembler shall maintain records of when and where assembled end item lots 

for a particular assembly contract have been shipped. The ration assembler shall provide the FVI (Food 

Veterinary Inspector) with a copy of the lot traceability records prior to shipment of each assembled lot. 

The following non-food items are exempt from traceability requirements: hand cleaner, matches, spoons 

and toilet tissue.

The purpose of the above, is to maintain traceability of a component lot through the assembly 

operation, in depot storage and up to the customer's receipt of the ration. This is necessary in the event of a 

recall/ALFOODACT for DLA Troop Support to isolate suspect product in the depot system and to notify 

customers of potentially hazardous product.

 g. Receipt Inspection at Assembly

The supplies and component delivered to the assembler shall be subject to receipt inspection at 

destination in accordance with the following criteria:

All items delivered will be inspected in accordance with the assembler’s receipt inspection 

program. Inspection shall be at a minimum, for count, condition, identity, and the presence of any internal 

infestation or foreign material. The receipt inspection will be at a minimum inspection level of S-3 of 

ANSI/ASQC Z1.4. Defect classifications correspond to the origin acquisition document’s defect 

classifications. The receipt inspection program will be verified by the U.S. Army Public Health Center’s 

inspection personnel (FVI) at the assembly plant. Final responsibility for acceptance or rejection of the 

product will rest with the government inspector: however, the government may base its decision on the 

contractor’s inspection results. Any evidence of insect or rodent infestation, foreign material, or 

contamination shall be cause for rejection of the entire production lot.
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Grand lotting of more than one production lot of homogeneous components within a shipment for 

the purpose of receipt inspection is authorized. Homogeneous components are defined as items procured 

by identical prime acquisition documents. When more than one lot in a shipment is inspected as a single 

homogeneous lot, acceptance or rejection of the homogeneous lot will be based on the result thereof.

 h. Subcontracts

 i. The contractor agrees that the Government shall have the right to perform a source inspection of 

components to be used in the manufacture of the supplies covered herein whenever the contracting officer 

deems such an inspection appropriate; where source inspection requires the additional consent to inspection 

from subcontractor, the contractor agrees to obtain such consent.

 ii. The prime contractor shall furnish with his offer a written certificate to the contracting officer as 

to the name of the subcontractor(s) utilized, including location and item procured. This includes the 

suppliers of the packaging and packing materials requiring source inspection by the DCMAO Quality 

Assurance Representatives. In the event the listing needs to be revised after award is made, the prime 

contractor shall furnish a revised listing to the Contracting Officer.

 iii. The prime contractor shall be responsible for the performance of all subcontractors. The prime 

contractor shall impose the responsibility for quality control, inspection, and providing inspection records 

on subcontractors, as required to insure compliance with specifications and conformance to contract 

requirements. Such inspections shall be accomplished by contractors, subcontractors, or when required by 

the applicable federal inspection agency at contractor or subcontractor expense. However, to the extent that 

the offeror does propose to utilize subcontractors for the performance of this contract, determination by the 

Contracting Officer of the prospective subcontractor's responsibility will be necessary in order to determine 

the responsibility of the offerors; and this determination of responsibility shall be based on the same factors 

as are applicable to the determination of the responsibility of the offeror.

 iv. To enable the contracting officer to make a determination of responsibility, each offeror must 

furnish with his offer the name and address of each subcontractor from whom it proposes to obtain the 

component(s).

 i. Packaging and Packing Materials

Packaging components (e.g., fiberboard shipping boxes, cartons, rollstock, preformed pouches, 

packets, accessory and menu sub assembly pack bags, material & menu bags, strapping materials, 

fiberboard caps, adhesive, tape, etc.) are subject to the Certificate of Conformance FAR Clause 52.246-15. 

The Government QAR shall have the responsibility for verifying COC's as necessary. Any inspections 

required by the specifications may be performed by the Government to assure compliance with the 

specifications.

 j. General Inspection (Examination/Testing) Requirements

 i. When contractor determines as a result of his inspection(s) or QSP, or is informed by the GQAR 

as a result of verification inspection, that the supplies do not conform to contractual requirements, he has 

the following alternatives: 

 (1.) Produce and inspect a new lot.

 (2.) Screen or rework and reoffer conforming supplies (provided screening or reworking is not

detrimental to the product and does not conflict with other requirements, e.g. time, temperature, etc.). See 

"Rework of Nonconforming Product Pre or Post Acceptance" for applicable situations.

 (3.) Request the Contracting Officer to consider acceptance of the nonconforming supplies in 

accordance with paragraph "Request for Rework, Request for Waiver, Request for Deviation, or 

Reinspection of Nonconforming Supplies".

 (4.) When valid technical reason(s) exist for suspecting the verity of the inspection results, 

request the Contracting Officer's permission to reinspect the supplies without screening or reworking. The 

request must be made in writing in accordance with paragraph "Request for Rework, Request for Waiver, 

Request for Deviation, or Reinspection of Nonconforming Supplies". Any lot with one or more valid 

critical/major A defect(s) will not be reinspected without reworking or screening of all units. Examples of 

valid technical reasons are:

 (a.) After finding the lot nonconforming for net weight, it is discovered that the scales used for 

the inspection were out of adjustment or
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 (b.) After finding the lot nonconforming for a chemical test characteristic, it is discovered that 

a chemical used in the analysis has deteriorated or had not been properly prepared.

 ii. The contractor may petition the Government (through the Contracting Officer) for skip lot or a 

reduction in verification inspection at such time that the contractor believes his quality program is fully 

acceptable and reliable. There will be no "skip lot" or "reduced" inspection option for critical defects.

 k. Operational Ration Component Lot Number and Lot Inspection

A lot number is defined as the quantity of finished product produced/assembled within a 

production day (Julian date) and the inspection lot shall include product produced in no more than one 

production/assembly day. The Government QAR reserves the right to separate an inspection lot into 

smaller inspection lots. The Sample for Government and contractor's end item lot inspection may be drawn 

after all units comprising the lot have been produced or samples may be drawn during production of the lot. 

If stratified sampling is utilized (drawing sub-samples from each sub-lot/sub-code during production of the 

lot), the sub-samples must be drawn at random from the sub-lot and not inspected until all the sub-samples 

are combined to make up the complete sample for the applicable lot size (the formation of the lot and lot 

size is defined as the manner in which the lot is to be presented for Government end item verification 

inspection).

 l. Rework of Nonconforming Product Pre or Post Acceptance

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

documentation of all rework results when product is presented for Government verification inspection or 

prior to Government inspection as indicated below.

 i. Corrective Action (Rework/Screen Inspections) Taken Prior to Government Verification 

Inspection (Receipt, In-Process and End-Item Inspections): Unless otherwise specified below, all reworks 

and screening inspections conducted prior to the initial Government inspection of the lot do not require 

approval from the Government. Although the GQAR must be informed of all reworks, the contractor is not 

required to obtain approval to take corrective and preventive action as deemed necessary to ensure 

compliance with contractual requirements.

 ii. The Following Reworks Must Be Coordinated with the Supervisory GQAR and, As Required, 

Approved by the Applicable DLA Troop Support-FTR Office.

 (1.) Insect or Rodent Infestation/Contamination: Reworks must be approved by FTR/FTSB.

 (2.) Food Safety and Foreign Material: 

 (a.) All corrective actions performed on product due to foreign material and/or processed/ 

unprocessed container mix-ups must be approved by FTR. NOTE: In addition to FTR approval, approval 

by the cognizant regulatory agency, FDA, USDA-FSIS, or USDC, is required. 

 (b.) Any product that is offered to the Government that has been produced using a bulk product 

or an ingredient product lot(s) that has, at any time, been identified as containing or having contained 

foreign material must be approved by FTR. When product is presented for Government verification, the 

Government QAR must be informed and provided documentation identifying the foreign material and all 

corrective action taken to render the bulk/ingredient product serviceable. 

 (c.) Thermal process deviations or deviations from the preparation, formulation or critical 

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

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

clearly identified when the complete lot is presented for Government end item verification inspection. If 

the producer fails to provide enough information/data in the case of a deviation, the GQAR shall contact 

FTR for approval to proceed with the Government end item verification inspection. 

 (d.) Retesting/reinspection/rework of product that tested positive for food borne pathogens is 

not authorized.

 (e.) These requirements are in addition to applicable Code of Federal Regulations or other 

regulatory requirements (USDA-FSIS, FDA, USDC).

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

formulation/ingredient requirements cited in the specifications shall be submitted as a request for product 
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deviation and must be approved and coordinated with the Specification Preparing Activity (Natick) through 

the applicable contracting officer.

 (3.) Container Integrity Defects: All reworks due to container integrity defects (critical defects only) 

noted during the producer’s end item inspection, the Government’s final lot end item verification 

inspection, the Government’s or assembler’s receipt inspection, or noted when the established action 

number/level (as cited in the contractor’s QSP) is exceeded during the in-process assembly operation must 

be approved by the applicable contracting officer, unless a 100% container rework of the entire lot is 

conducted at source or at the assembler. All containers exhibiting the same or other container integrity 

defects must be removed during the 100% container rework and noted on the rework paperwork. 

Reworked lots will be inspected or re-inspected, as applicable, by the GQAR at the location of the rework 

using the next larger sample size (for example, from 200 samples to 315, or if a second rework, from 315 

samples to 500 samples). Rework results must be included with other paperwork when the lot is presented 

for Government end item verification inspection.

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

contracting officer.

 (5.) Nonconformances Noted During Government Inspection for End Item Compliance: All rework 

requests submitted for defects noted during Government inspection for end item compliance must be 

approved by the applicable contracting officer, unless exempted under paragraph 3 above.

 (6.) For reworks requiring the Government's approval, the contractor may submit a standard rework 

procedure (SRP), for certain defects, under the contractor's documented QSP section XII - Corrective and 

Preventive Action Program. The SRPs must be specific and these must be evaluated by DLA Troop 

Support-FTR, FTSB, and approved by the applicable contracting officer. 

 (7.) If the contractor elects to rework nonconforming product, it must be reworked and reoffered 

within 30 days from date of initial rejection.

 (8.) All requests for rework shall be accompanied with a comprehensive rework plan. The rework 

plan will include rational information and data that supports the rework plan and ensures the elimination of 

nonconforming material from the lot. See “Request for Rework, Request for Waiver, Request for 

Deviation, or Reinspection of Nonconforming Supplies”. After any lot’s failure or rework, if the lot is 

reinspected, it will be both Contractor and Government inspected at the next higher sample size.

 iii. Contractor's Quality History:

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

Government end item verification inspection (receipt, in-process and contractor's end-item inspections) will 

be determined by the results of the end item verification inspection performed by the GQAR. Corrective 

actions taken to ensure compliance with the contractual requirements prior to the Government end item 

verification inspection will not be counted against the contractor's quality history. If product is found 

conforming during the Government end item verification inspection, the corrective action will be 

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

counted.

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

following contractor corrective action for the same defect (or defect category in case of critical pouch 

defects) for which the contractor took a corrective action, the corrective action will be determined to have 

been ineffective. In addition to any action taken, the contractor must reevaluate their documented QSP 

and/or the implemented corrective and preventive action program by an internal audit and results must be 

submitted to FTSB (Quality Systems Auditors). All corrective actions (rework/screening inspections, etc.) 

taken by the contractor due to a Government end item verification inspection rejection will be documented 

in the contractor's quality history records.

 m. Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of Nonconforming 

Supplies

 i. When the requirements cited in the section of this solicitation entitled “Rework Of Product Pre or 

Post Acceptance” require that a written request for deviation, waiver, rework, or reinspection must be 

furnished, as appropriate, to the Contracting Officer and cognizant Government QAR, that request shall at a 

minimum contain the following:

 (1.) Contractor's name and address.
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 (2.) Contract number, lot number(s), and quantity.

 (3.) Item nomenclature and NSN, whether a component or end item.

 (4.) Specification number, table/paragraph number, sample size, AC/REJ number(s), defect 

number(s), number of defects. Identify the pouch codes of defective units.

 (5.) Classification of defects: Critical _____ Major ______ Minor _____

 (6.) Cause of nonconformance or deviation, and corrective and preventive action.

 (a.) State the root cause of the deficiency.

 (b.) State the corrective action and the preventive action contractor has taken/will take to 

preclude recurrence.

 (c.) If preventive action is not possible, state why.

 (7.) If deviation/nonconformance is of a recurring nature, the frequency of occurrence and 

date/contract/lot number of last occurrence.

 (8.) Effect on cost/price.

 (9.) Effect on delivery schedule.

 (10.) Full justification for request for deviation, waiver, rework or reinspection.

 (11.) Submit in-process data (MPC,SPC) and contractor and Government end-item records for 

the involved lot(s). Submit retort records, copy of process schedule and letter from Processing Authority if 

a process deviation.

 (12.) Applicable to the defect found or class of defects for critical defects, identify the situations 

where the lot exceeded control limits (out-of-control, exceeded action level or number) according to inprocess records (MPC, SPC), and identify the corrective actions taken for each instance.

NOTE: All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan 

will include rational information and data that supports the rework plan and ensures the elimination of 

nonconforming material from the lot. After any lot’s failure or rework, if the lot is reinspected, it will be 

both Contractor and Government inspected at the next higher sample size.

 ii. When a valid technical reason for reinspection is offered and permission is granted by the PCO, 

the contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect 

the nonreworked lot after taking the corrective action, and evaluate the results of the initial inspection and 

the reinspection by means of recognized statistical methods.

 (1.) If the statistical tests reveal no significant difference between the results of the two 

inspections, acceptability will be based on reinspection results. A significant difference is one that is real 

and not due to chance variation. Statistically, a difference which has a 0.05 probability of occurring by 

chance alone is usually considered a significant difference.

 (2.) If such statistical tests reveal no significant difference between the results of the two 

inspections, both results will be reported to the Contracting Officer.

 (a.) The results of the two inspections will be averaged and acceptability will be based on 

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

requirement.

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

decision when the requirement is a unit (attribute) requirement.

 n. Inspection and Acceptance Points.

 i. Inspection and Acceptance are:

 Inspection point: [ ] Destination [X] Origin [ ] Elsewhere

 Acceptance point: [ ] Destination [X] Origin “
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5. Negotiations:

For the subject acquisition, the Government intends to award on initial offers but reserves the right 

to conduct negotiations if determined by the Contracting Officer to be necessary. Initial responses to 

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

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

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

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

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity 

and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To 

promote compliance with such code of business ethics and conduct, contractors should have an employee business 

ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in 

connection with government contracts and ensures corrective measures are promptly instituted and carried out. A 

contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the 

government, in connection with the award, performance, or closeout of a government contract performed by the 

contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving 

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

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

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

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

ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a 

commitment to compliance with the law within their organization; and timely report any violations of federal 

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

Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the 

contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer 

upon request by the contracting officer.
11

Contract Clauses

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017) 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.

Government acceptance will be at Origin for identity, count, and condition for all terms and conditions of the 

contract” at the beginning of this section. 52.247-9059 F.o.b. Origin, Government Arranged 

Transportation (Oct 2013).

2. Paragraph (c), Changes.

(1) In addition to bilateral changes, the Contracting Officer, at his/her discretion, may unilaterally invoke any 

of the contingency options set forth in this contract.

(2) The Contracting Officer may at anytime, by unilateral written order, make changes within the general 

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

(i) Method of shipment or packing;

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

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

of the work under this contract, the Contracting Officer shall make equitable adjustment in the contract price, 

the delivery schedule, or both, and shall modify the contract.

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

of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the 

Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

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

clause shall excuse the Contractor from proceeding with the contract.

 

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

52.233-9001 Disputes: Agreement To Use Alternative Dispute Resolution (Adr) (DEC 2016) – 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 

FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting 

officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged 

to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be 

inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the 

contracting officer.

4. Paragraph (g), Invoice.

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012)

 (a) Definitions. As used in this clause—

ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
12

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 

32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from 

the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not 

acceptable electronic forms for submission of payment requests. However, scanned documents are 

acceptable when they are part of a submission of a payment request made using Wide Area 

WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment 

submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection 

and Receiving Report (MAR 2008)

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and 

receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic 

Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF 

is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only 

when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that 

electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall 

include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender 

or a contract for transportation services using a DoD-approved electronic third party payment system or 

other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial 

Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System 

(TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only 

submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods

specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the 

appropriate payment clauses in this contract when submitting payment requests.

5. Paragraph (m), Termination for Cause

 

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

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

event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, 

or fails to provide the Government upon request, with adequate assurances of future performance. In the event of 

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

not accepted, and the Contractor shall be liable to the Government for all rights and remedies provided by law. If 

this contract is terminated in completely or in part for cause, and the Government repurchases the supplies or 

services covered by the contract so terminated, 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.
13

6. Paragraph (o), Warranty, The Contractor warrants and implies that the items delivered hereunder are 

merchantable and fit for use for the particular purpose described in this contract.

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

 Add the following paragraph:

 (a) Definitions.

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

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—

 (1) An identifier assigned to entities located in the United States or its outlying areas by the 

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or 

Government entity; or

 (2) An identifier assigned by a member of the North Atlantic Treaty Organization or by the NATO 

Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that 

the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. 

This type of code is known as a NATO CAGE (NCAGE) code.

 “Unique Entity Identifier” means a number or other identifier used to identify a specific commercial, 

nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity 

identifiers. 

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

 (1) The Offeror has entered all mandatory information, including the unique entity identifier and 

the EFT indicator, if applicable, the Contractor and Government Entity (CAGE) code, as well as date required by 

the Federal Funding Accountability and Transparency Act of 2006, into the SAM database;

 (2) The Offeror has completed the Core Data, Assertions, and Representations and Certifications, 

and Points of Contact sections of the registration in the SAM database; 

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

Identification Number (TIN) with the Internal Revenue Service. The Offeror will be required to provide consent 

for TIN validation to the Government as part of the SAM registration process.

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

WARRANTY OF SUPPLIES (SEP 2008) - DLAD

(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 one year after 

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

dating period indicated in the labeling thereof:

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will 

conform with all requirements of this contract; and

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

supplies will conform with the requirements of this contract.
14

(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. The 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 at destination of the corrected or replaced supplies.

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

obligation contained in this contract.

(c) Remedies Available to the Government.

(1) Notice Requirement: The contracting officer shall give notice to the contractor of any breach of warranties in 

paragraph (b)(1) of this clause within 13 months 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 

thereof.

(2) Within a reasonable time after the notice, the contracting officer may exercise one or more of the following 

remedies; and also, following the exercise of any remedy, may unilaterally change it to one or more other of the 

other remedies set forth below:

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

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

the meaning of paragraph (b)(1) of this clause; or

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

which the contractor shall promptly make appropriate repayment; or

(iii) 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 cost occasioned the Government thereby.

(3) When the remedy in paragraph (c)(2) 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 correction and/or replacement of all 

nonconforming supplies and subsequent redelivery of the returned 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:

(i) correct the items and charge the contractor's account or 

(ii) issue a contract for correction of the items and charge the contractor's account or

(iii) exercise one or more of the remedies specified in (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 
15

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 cost 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.

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

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (Jan 2017) FAR

 (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 

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

 (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

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

applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I 

(Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (Pub. L. 110-252, Title VI, 

Chapter 1 (41 U.S.C. 251 note)).

___ (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]
16

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

Div. C).

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

(Pub. L. 111-117, section 743 of Div. C)._X__ (6) 52.209-6, Protecting the Government’ Interest When 

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 

6101 note). 

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

Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb

2012) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Jul 2013) (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)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (v) Alternate IV (Nov 2016) 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)).

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 

657f).
17

___ (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 WomenOwned 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 (Oct 2016) (E.O. 13126).

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

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

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

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 

13496).

__X_ (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for 

solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for 

solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the 

date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. 

At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the 

termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) 

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

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

commercially available off-the-shelf items.)

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

2016) (E.O.13693).

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

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

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

13514
18

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

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

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

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

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 

and 13514).

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

___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 

13513).

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

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

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

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

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

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

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

108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) 

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 

2307(f)).

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

___ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 

3332).
19

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) 

(31 U.S.C. 3332).

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

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

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

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

1241(b) and 10 U.S.C. 2631).

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

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

___ (12) 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 
20

shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If 

this contract is completely or partially terminated, the records relating to the work terminated shall be made 

available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes 

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

until such appeals, litigation, or claims are finally resolved.

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

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

the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) 

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor 

is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for 

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

clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.219-8, 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.

(iv) 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.

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

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

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

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

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

(x) 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.

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

(xii) (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).

(xiii) 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.)

(xiv) 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)

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

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
21

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for 

solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for 

solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of 

the date of the order. The enjoined paragraph will become effective immediately if the court terminates the 

injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public 

of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

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

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

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

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

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

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

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

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

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

additional clauses necessary to satisfy its contractual obligations.

Changes – Military Readiness

The commercial changes clause at Federal Acquisition Regulation (FAR) 52.212-4(c) is applicable to this contract 

in lieu of the changes clause at FAR 52.243-1. However, in the event of a contingency operation or a humanitarian 

or peace keeping operation, as defined below, the Contracting Officer may, by written order, change 1) the method 

of shipment or packing, and 2) the place of delivery. If any such change causes an increase in the cost of, or the time 

required for performance, the Contracting Officer shall make an equitable adjustment in the contract price, the 

delivery schedule, or both, and shall modify the contract. The Contractor must assert its right to an adjustment 

within 30 days from the date of receipt of the modification.

“Contingency operation” means a military operation that-is designated by the Secretary of Defense as an operation 

in which members of the armed forces are or may become involved in military actions, operations, or hostilities 

against an enemy of the United States or against an opposing military force; or results in the call or order to, or 

retention on, active duty of members of the uniformed services under 10 United States Code (U.S.C.) 688, 12301(a), 

12302, 12304, 12305, or 12406, chapter 15 of U.S.C., or any other provision of law during a war or during an 

national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)).

“Humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or 

foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the 

United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302 (8) and 41 

U.S.C. 259(d)(2)(B))

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.

ADDENDUM TO 52.212-5 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
22

(b) The permissible variation shall be limited to:

____2%_____Percent increase [Contracting Officer insert percentage]

____0%_____ Percent decrease [Contracting Officer insert percentage]

This increase or decrease shall apply to each line item.

52.216-19 -- Order Limitations (Oct 1995) FAR

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

less than 250 pouches, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those 

supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 210,000 pouches

(2) Any order for a combination of items in excess of the maximum quantity; or

(3) A series of orders from the same ordering office within 2 calendar days that together call for quantities 

exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

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

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

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

maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 

___2__ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called 

for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another 

source.

52.216-22 -- Indefinite Quantity (Oct 1995) FAR

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

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

purchased by this contract.

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

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

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

order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

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

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

destinations or performance at multiple locations.

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

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

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

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

under this contract after ______90_days_____ .

52.247-29 -- F.O.B. – Origin (Feb 2006) FAR

(a) The term “f.o.b. origin,” as used in this clause, means free of expense to the Government delivered --
23

(1) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a 

designated point in the city, county, and State from which the shipment will be made and from which linehaul transportation service (as distinguished from switching, local drayage, or other terminal service) will 

begin;

(2) To, and placed on, the carrier’s wharf (at shipside, within reach of the ship’s loading tackle, when the 

shipping point is within a port area having water transportation service) or the carrier’s freight station;

(3) To a U.S. Postal Service facility; or

(4) If stated in the solicitation, to any Government designated point located within the same city or 

commercial zone as the f.o.b. origin point specified in the contract (the Federal Motor Carrier Safety 

Administration prescribes commercial zones at Subpart B of 49 CFR part 372).

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier 

requirements to protect the goods and to ensure assessment of the lowest applicable transportation 

charge;

(2)

(i) Order specified carrier equipment when requested by the Government; or

(ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate 

shipment;

(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace 

carload or truckload shipment (when loaded by the Contractor) on or in the carrier’s conveyance as 

required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage to the goods --

(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing and marking; or

(iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the 

shipment, if loaded by the Contractor on or in the carrier’s conveyance;

(5) Complete the Government bill of lading supplied by the ordering agency or, when a Government bill of 

lading is not supplied, prepare a commercial bill of lading or other transportation receipt. The bill of lading 

shall show --

(i) A description of the shipment in terms of the governing freight classification or tariff (or 

Government rate tender) under which lowest freight rates are applicable;

(ii) The seals affixed to the conveyance with their serial numbers or other identification;

(iii) Lengths and capacities of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including 

name, delivery address, postal address and ZIP code of consignee, routing, etc.;
24

(v) Special instructions or annotations requested by the ordering agency for commercial bills of 

lading; e.g., “This shipment is the property of, and the freight charges paid to the carrier(s) will be 

reimbursed by, the Government”; and

(vi) The signature of the carrier’s agent and the date the shipment is received by the carrier; and

(6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering 

agency.

(c) These Contractor responsibilities are specified for performance at the plant or plants at which the supplies are to 

be finally inspected and accepted, unless the facilities for shipment by carrier’s equipment are not available at the 

Contractor’s plant, in which case the responsibilities shall be performed f.o.b. the point or points in the same or 

nearest city where the specified carrier’s facilities are available; subject, however, to the following qualifications:

(1) If the Contractor’s shipping plant is located in the State of Alaska or Hawaii, the Contractor shall 

deliver the supplies listed for shipment outside Alaska or Hawaii to the port of loading in Alaska or Hawaii, 

respectively, as specified in the contract, at Contractor’s expense, and to that extent the contract shall be 

“f.o.b. destination.”

(2) Notwithstanding subparagraph (c)(1) of this clause, if the Contractor’s shipping plant is located in the 

State of Hawaii, and the contract requires delivery to be made by container service, the Contractor shall 

deliver the supplies, at the Contractor’s expense, to the container yard in the same or nearest city where 

seavan container service is available.

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

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

CLAUSE NUMBER TITLE/DATE

52.225-25 Prohibition on Contracting With Entities Engaging in Sanctioned Activities

Relating to Iran—Representation and Certification (MAY2014) FAR

52.232-17 Interest (MAY 2014) FAR

52.242-13 Bankruptcy (JUL 1995) FAR

52.242-15 Stop Work Order (AUG 1989) FAR

52.246-15 Certificate of Conformance (APR 1984) FAR

52.246-16 Responsibility for Supplies.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016) DFARS 

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

Country (OCT 2015) DFARS

252.211-7006 Passive Radio Frequency Identification (JUN 2016) DFARS

252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2016) DFARS

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 3 years or 1095 days thereafter.

(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)
25

(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.

CONTRACT AND DELIVERY ORDER LIMITATIONS (NOV 2011) DLAD

[X] (a) Delivery orders will specify delivery no less than ______90________ days from the date of order. 

Changes or cancellations to delivery orders may be made by giving the Contractor notice no less than __15_ 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 _______210,000 pouches________. The Guaranteed Minimum of this contract is 52,500 

pouches.

(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 estimated quantity or dollar value)

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

______ (Quantity) multiplied by ______.

______ (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):

Contract line-item (CLIN) First quarter Second quarter Third quarter Fourth quarter

_______________ ___________ ___________ ___________ ________________

[ ] (iv) The Contractor will not be obligated to honor any order with free on board (f.o.b.) destination terms 

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

CLIN

Minimum quantity per destination

_____________

__________________________________

(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) clause 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).

(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.

26

(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-setaside portion.
26

Solicitation Provisions

52.212-1, Instructions to Offerors—Commercial Items (JAN 2017) is incorporated in this solicitation by 

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

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

links.

Addendum to 52.212-1:

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

 1. Paragraph (b), Submission of Offers.

 a. Submit signed and dated offers as specified on page 3 of this solicitation at Block 9 on or before the exact 

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

[ ] Facsimile offers are authorized for this solicitation. Facsimile offers that fail to furnish required representations, 

or information, or that reject any of the terms, conditions and provisions of the solicitations, may be excluded from 

consideration. Facsimile offers must contain the required signatures. The Government reserves the right to make 

award solely on the facsimile offer. However, if requested to do so by the Contracting Officer, the apparently 

successful offeror agrees to promptly submit the complete original signed proposal. The Government will not be 

responsible for any failure attributable to the transmission or receipt of the facsimile offer.

 2. Paragraph (c), Period for Acceptance of Offers.

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

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

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

conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The 

following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

The Government will award a contract based on finding the NIB’s offered prices are fair and reasonable.

(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.

52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (JAN 

2017) FAR

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 
27

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 (t) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an 

enforcement agency following an investigation. An administrative merits determination may be final or be subject to 

appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is 

necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, 

or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to 

being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or 

confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is 

necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent 

jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the 

court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a 

judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is 

covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, 

‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from 

www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the 

enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and 

Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the 

Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State 

agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting 

in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as 

contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated 

with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
28

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment 

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

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

which the worker does not offer himself voluntarily; or

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

be accomplished by process or penalties.

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

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

the highest level owner.

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

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

identity of interests among family members, shared facilities and equipment, and the common use of employees. 

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

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

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an 

enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to 

increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
29

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment 

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the 

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, 

which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of Manufacture” means the place where an end product is assembled out of components, or otherwise made 

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

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, 

mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are 

defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations 

do not include business operations that the person (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;
30

(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 serviceconnected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not 

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

under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

the size standard applicable to the acquisition, that--

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

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

at 13 CFR 124.104) individuals who are citizens of the United States; and

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

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

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.
31

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) 

are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or 

decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance 

agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if 

the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal 

Register advising the public of the termination of the injunction.

 (b) 

 (1)Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b) (2) of 

this provision do not automatically change the representations and certifications posted on the SAM website.

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

accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies 

by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 

months, are current, accurate, complete and applicable to this solicitation (including the business size standard 

applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this 

offer by reference (see FAR 4.1201), except for paragraphs _________________________.

 [Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for 

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

incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided 

by the offeror are applicable to this solicitation only, and do not result in an update to the representations and 

certifications posted on SAM.]

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

United States or its outlying areas. Check all that apply.

 (1) Small Business Concern.

 The offeror represents as part of its offer that it 0 is, 0 is not, a small business concern.
32

 (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 0 is, 0 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 0 is, 0 is not, a service-disabled veteran-owned small 

business concern.

 (4) Small Disadvantaged Business Concern.

 [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this 

provision.]

 The offeror represents, for general statistical purposes, that it 0 is, 0 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 0 is, 0 is not, a women-owned small business concern.

 (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a 

women-owned small business concern in paragraph (c)(5) of this provision.]

 

The offeror represents that—

 (i) It 0 is, 0 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 0 is, 0 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 0 is, 0 is not an EDWOSB concern, has provided all the required documents to the WOSB 

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

 (ii) It 0 is, 0 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 
33

joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that 

are participating in the joint venture: _____________. ] Each EDWOSB concern participating in the joint venture 

shall submit a separate signed copy of the EDWOSB representation.

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

acquisition threshold.

 (8) Women-Owned Business Concern (other than small business concern).

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

business concern in paragraph (c)(1) of this provision.]

 The offeror represents that it 0 is a women-owned business concern.

 (9) Tie Bid Priority for Labor Surplus Area Concerns.

 If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs 

to be incurred on account of manufacturing or production (by offeror or firsttier subcontractors) amount to more than 50 percent of the contract price: ______________

_______________________________________________________________________________.

 (10) HUBZone Small Business Concern.

 [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this 

provision.]

 The offeror represents as part of its offer that--

 (i) It 0 is, 0 is not, a HUBZone small business concern listed, on the date of this representation, on the 

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no 

material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it 

was certified by the Small Business Administration in accordance with 13 CFR part 126; and

 (ii) It 0 is, 0 is not, a joint venture that complies with the requirements of 13 CFR part 126, and the 

representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or 

concerns that are participating in the HUBZone joint venture. [The offeror shall enter the name or names of the 

HUBZone small business concern or concerns that are participating in the joint venture: 

_____________________________________________

_______________________________________________________________________________.]

Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the 

HUBZone representation. 

 (11) (Complete if the offerof has represented itself as disadvantaged in paragraph (c)(4) of this provision)

 0 Black American.

 0 Hispanic American.

 0 Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

 0 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).

 0 Subcontinent Asia (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, 

Sri Lanka, Bhutan, the Maldives Islands, or Nepal.
34

 0 Individual/concern, other than one of the preceding. 

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

 (1) Previous Contracts and Compliance.

 The offeror represents that--

 (i) It 0 has, 0 has not, participated in a previous contract or subcontract subject to the Equal 

Opportunity clause of this solicitation; and

 (ii) It 0 has, 0 has not, filed all required compliance reports.

 (2) Affirmative Action Compliance.

 The offeror represents that--

 (i) It 0 has developed and has on file, 0 has not developed and does not have on file, at each 

establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR 

Subparts 60-1 and 60-2), or

 (ii) It 0 has not previously had contracts subject to the written affirmative action programs requirement of 

the rules and regulations of the Secretary of Labor.

 (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

 (Applies only if the contract is expected to exceed $150,000.)

 By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal 

appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer 

or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a 

Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants 

under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to 

this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of 

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers 

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

 (f) Buy American Statute Certificate.

 (The certificate in DFARS 252.225-7000 shall be completed when it is provided as an Attachment to 52.212-

3.)

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

 (The certificate in DFARS 252.225-7020 or 7035 shall be completed when it is provided as an Attachment to 

52.212-3.)

 (h) Certification Regarding Responsibility Matters (Executive Order 12689).

 (Applies only if the contract value is expected to exceed the simplified acquisition 

threshold.)

The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its 

principals--

 (1) 0 Are, 0 are not, presently debarred, suspended, proposed for debarment, or declared ineligible for the 

award of contracts by any Federal agency;

 (2) 0 Have, 0 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, 
35

attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal 

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

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

laws, or receiving stolen property;

 (3) 0 Are, 0 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) 0 Have, 0 have not, within a three-year period preceding this offer, been notified of any delinquent 

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

 (i) Taxes are considered delinquent if both of the following criteria apply:

 (A) The tax liability is finally determined.

 The tax liability is finally determined if it has been assessed. A liability is not finally 

determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the 

liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

 (B) The taxpayer is delinquent in making payment.

 The taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment 

was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

 (ii) Examples.

 (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitled 

the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a 

final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer 

has exercised all judicial appeal rights.

 (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the 

taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office 

of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien 

filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the 

taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax 

liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has 

exercised all judicial appeal rights.

 (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer 

is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent 

because the taxpayer is not currently required to make full payment.

 (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because 

enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

 (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

 (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation 

that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, 

unless excluded at 22.1503(b).)

 (1) Listed End Products.

 Listed End Product Listed Countries of Origin

 ________________ ____________________

 ________________ ____________________

 ________________ ____________________
36

 ________________ ____________________

 ________________ ____________________

 

 (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.)

 0 (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.

 0 (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, 

produced, or manufactured in the corresponding country as listed for that product. The Offeror certifies that it has 

made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or 

manufacture any such end product furnished under this contract. On the basis of those efforts, the Offeror certifies 

that it is not aware of any such use of child labor.

 (j) Place of Manufacture.

 (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.)

 For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it 

expects to provide in response to this solicitation is predominantly—

 (1) 0 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) 0 Outside the United States.

 (k) Certificates Regarding Exemptions from the Application of the Service Contract Act.

 (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification 

as to compliance by its subcontractor if it subcontracts out the exempt services.)

 [The contracting officer is to check a box to indicate if paragraph (k)(l) or (k)(2) applies.]

 0 (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1).

 The offeror 0 does 0 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.

 0 (2) Certain services as described in FAR 22.1003-4(d)(1).
37

 The offeror 0 does 0 does not certify that—

 (i) The services under the contract are offered and sold regularly to non-Governmental customers, 

and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in 

substantial quantities in the course of normal business operations;

 (ii) the contract services will be furnished at prices that are, or are based on, established catalog or 

market prices (see FAR 22.1003-4(d)(2)(iii));

 (iii) Each service employee who will perform the services under the contract will spend only a small 

portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or 

less than 20 percent of available hours during the contract period if the contract period is less than a month) 

servicing the Government contract; and

 (iv) The compensation (wage and fringe benefits) plan for all service employees performing work 

under the contract is the same as that used for these employees and equivalent employees servicing commercial 

customers.

 (3) If paragraph (k)(l) or (k)(2) of this clause applies—

 (i) If the offeror does not certify to the conditions in paragraph (k)(l) or (k)(2) and the Contracting 

Officer did not attach a Service Contract Act wage determination to the solicitation, 

the offeror shall notify the Contracting Officer as soon as possible; and

 (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the 

certification in paragraph (k)(l) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph 

(k)(3)(i) of this clause.

 (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701).

 (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for 

award.)

 (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to 

comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 

6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

 (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of 

the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the 

payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS 

records to verify the accuracy of the offeror’s TIN.

 (3) Taxpayer Identification Number (TIN).

 0 TIN: __________________________

 0 TIN has been applied for.

 0 TIN is not required because: _________________________________________

 0 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;

 0 Offeror is an agency or instrumentality of a foreign government;

 0 Offeror is an agency or instrumentality of the Federal government.
38

 (4) Type of Organization.

 0 Sole proprietorship;

 0 Partnership;

 0 Corporate entity (not tax-exempt);

 0 Corporate entity (tax-exempt);

 0 Government entity (Federal, State, or local);

 0 Foreign government;

 0 International organization per 26 CFR 1.6049-4;

 0 Other: __________________________________________________________.

 (5) Common Parent.

 0 Offeror is not owned or controlled by a common parent;

 0 Name and TIN of common parent:

 Name _________________________________________________________

 TIN __________________________________________________________

 (m) Restricted Business Operations in Sudan.

 By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business 

operations in Sudan.

 (n) Prohibition on Contracting with Inverted Domestic Corporations.

 (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for 

contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless 

the exception at 9.10802(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

 (2) Representation. The offeror represents that—

 (i) It 0 is, 0 is not an inverted domestic corporation; and

 (ii) It 0 is, 0 is not a subsidiary of an inverted domestic corporation.

 (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

 (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at 

CISADA106@state.gov.

 (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in 

paragraph (o)(3) of this provision, by submission of its offer, the offeror –

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any 

sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on 

behalf or at the direction of, the government or Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in 

any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and,

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any 

transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, 
39

the property and interests in property of which are blocked pursuant to the International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at 

http://www.treasury.gov/ofac/downloads/t11sdn.pdf) .

 (3) The representation and certification requirements of paragraph (o)(2) of this provision does not apply if—

 (i)This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency 

provision); and

 (ii) The offeror has certified that all the offered products to be supplied are designated country end 

products.

 (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)

 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--
40

(i) It is 0 is not 0 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 0 is not 0 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 0 is or 0 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) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture 

that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with 

the requirements of this provision. 

(1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror □ does □ 

does not anticipate submitting an offer with an estimated contract value of greater than $50 million.

(ii) For solicitations issued after April 24, 2017: The Offeror 0 does 0 does not anticipate submitting an 

offer with an estimated contract value of greater than $500,000.

(2) If the Offeror checked “does” in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the 

best of the Offeror’s knowledge and belief [Offeror to check appropriate block]:

0 (i) There has been no administrative merits determination, arbitral award or decision, or civil judgment 

for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the 

period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, 

whichever period is shorter; or 

0 (ii) There has been an administrative merits determination, arbitral award or decision, or civil

Judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 

2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter.

(3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated 

a responsibility determination and has requested additional information, the Offeror shall provide–

 (A) The following information for each disclosed labor law decision in the System for Award 

Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. 
41

This information will be publicly available in the Federal Awardee Performance and Integrity Information System 

(FAPIIS):

 (1) The labor law violated.

 (2) The case number, inspection number, charge number, docket number, or other unique 

identification number.

 (3) The date rendered.

 (4) The name of the court, arbitrator(s), agency, board, or commission that rendered the 

determination or decision; 

 (B) The administrative merits determination, arbitral award or decision, or civil judgment document, 

to the Contracting Officer, if the Contracting Officer requires it; 

 (C) In SAM, such additional information as the Offeror deems necessary to demonstrate its 

responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the 

violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may 

provide explanatory text and upload documents. This information will not be made public unless the contractor 

determines that it wants the information to be made public; and

 (D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting 

Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)).

(ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as 

part of making a responsibility determination. 

 (B) A representation that any labor law decision(s) were rendered against the Offeror will not 

necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation 

or provide such additional information as requested by the Contracting Officer may render the Offeror 

nonresponsible.

 (C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon 

which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an 

erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may 

terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403.

(4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to 

contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate.

(5) The representation in paragraph (s)(2) of this provision will be public information in the Federal 

Awardee Performance and Integrity Information System (FAPIIS).

Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of 

the date of the order. The enjoined paragraph will become effective immediately if the court terminates the 

injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public 

of the termination of the injunction.
42

(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 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) 0 does, 0 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) 0 does, 0 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:_______________.

Attachment to 52.212-3

 (f) 252.225-7000 Buy American Statute Certificate DFARS (NOV 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end 

product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United 

States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments 

Program—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense 

Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the 

Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program—Basic 

clause of this solicitation, the offeror certifies that—

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a 

domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are 

considered to have been mined, produced, or manufactured outside the United States or a 

qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

Line Item Number

Country of Origin

(3) The following end products are other foreign end products, including end products 

manufactured in the United States that do not qualify as domestic end products, i.e., an end 
43

product that is not a COTS item and does not meet the component test in paragraph (ii) of the 

definition of “domestic end product”:

Line Item Number

 Country of Origin (If known)

Addendum

The following additional provisions are set forth in full text:

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.

Contractor Retention of Traceability Documentation

(a) This clause applies whenever the Contractor is not the manufacturer of the item(s) to be furnished. 

(b)(1) The Contractor shall retain evidence to document that items furnished under this contract conform to contract 

requirements. Evidence will generally include information tracing the items back to the manufacturing source or its 

authorized distributor. At a minimum, evidence shall be sufficient to establish the identity of the item, its 

manufacturing source, and conformance to the item description. 

(2) Examples of traceability documentation include, but are not limited to, the following:

(i) Purchase order(s)/invoice(s) between manufacturer(s)/distributor(s), identifying part number (and/or technical 

data package (TDP) with revision level) and quantities;

(ii) Original Equipment Manufacturer (OEM) or approved/qualified source’s packing slips, identifying part number 

(and/or TDP with revision level) and quantities;

(iii) OEM or approved/qualified source’s certification, identifying part number (and/or TDP with revision level) and 

quantities; and/or

(iv) OEM or approved/qualified source’s identifiable standard packaging, with part number (and/or TDP with 

revision level) cited on the package. 

(3) The Contractor shall be responsible for the assurance of type, kind, count, and condition. Preservation, packing, 

packaging, and marking shall be in accordance with contractual requirements.

(4) The Contractor shall provide documentation of traceability for review-
44

(i) Upon request by the Contracting Officer at any time prior to or after award;

(ii) At time of Government source inspection, if applicable; and/or 

(iii) During random or directed post-award audits. 

(5) The Contractor shall retain documentation in accordance with this clause for 5 years after final payment under 

this contract. 

(c) The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his 

or her sole discretion. If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to 

retain or provide the requested evidence, the award may be cancelled.

(d) At the Contracting Officer’s discretion, documentation of traceability provided by the Contractor, in accordance 

with provisions in the solicitation and/or clauses included in this contract, may be used to determine the 

acceptability of documentation retained in accordance with this clause.

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016)

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

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

the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by 

the party rejecting ADR to be inappropriate for resolving the dispute.

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

The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-

1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after 

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

ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here 0 . Alternate wording may be negotiated with the contracting 

officer.

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):

• FAR: http://farsite.hill.af.mil/vffar1.htm

• DFARS: http://farsite.hill.af.mil/VFDFAR1.HTM

• DLAD: http://farsite.hill.af.mil/VFDLAD1.HTM

The following additional provisions are incorporated by reference:

PROVISION NUMBER TITLE/DATE

52.225-25 Prohibition on Contracting With Entities Engaging in Sanctioned Activities 

Relating to Iran—Representation and Certification (OCT 2015) FAR

52.246-15 Certificate of Conformance (APR 1984) FAR

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 

2016)

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

(JUN 2010) DFARS

 
45

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 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. 

(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."

FOOD AND DRUG ADMINISTRATION (FDA) COMPLIANCE – DLA TROOP SUPPORT MEDICAL AND 

SUBSISTENCE

If any supplies acquired hereunder are recalled under the provisions of the Federal Food, Drug and Cosmetic Act, 

and regulations there under, the Contractor shall, at the Government’s option, either reimburse the Government or 

repair/replace the recalled supplies. Additionally, the Contractor shall notify the Contracting Officer immediately 

when a firm decides to voluntarily recall or withdraw any product from the marketplace. Upon notification by the 

Contracting Officer that supplies acquired hereunder have been recalled, the Contractor shall either (a) accept 

certificates of destruction from the Government after the supplies have been properly disposed of, (b) request return 

of the supplies, or (c) if supplies may be repaired on site without transporting them from their location, furnish all 

materials necessary to effect repairs. Replacement or reimbursement will be accomplished by the Contractor 

immediately on receipt of Certificates of Destruction or returned supplies. The costs of replacement or repair of 

supplies, and transportation and handling costs for movement of returned, replaced or repaired supplies within the 

contiguous United States shall be paid by the Contractor. The provisions of this clause are applicable only when the 

value of the recalled supplies in the possession of the Government amounts to $100 or more. 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 in the contract.

MEASURING AND TEST EQUIPMENT

Notwithstanding any other clause to the contrary, and/or in addition thereto, the Contractor shall ensure that the 

gauges and other measuring and testing equipment, used in determining whether the supplies presented to the 

Government for acceptance under this contract fully conform to specified technical requirements, are calibrated in 

accordance with International Organization for Standardization (ISO) 10012:2003 or American National Standards 

Institute (ANSI)/National Conference of Standards Laboratories (NCSL) Z540.3 (R2013).
46

CONTRACTOR AND GOVERNMENT SAMPLES AT ORIGIN

When required, the Contractor will select samples of end items or components or both for Contractor examination or 

testing as required by the item specification or other contract provisions. In addition, the government may select 

samples of end items or components or both at origin for the purpose of conducting required inspection. 

The Government may use, consume, destroy or retain said samples at its option. Notwithstanding any other 

provision of the contract, the Contractor shall bear the cost of Contractor and Government samples selected at 

origin, whether the supplies are accepted or rejected. 

Furthermore, unless otherwise specified, any sample unit which is altered as a result of the performance of any 

required examination or test so as to no longer meet the required characteristic of the component or end item, shall 

not be included as part of the supplies delivered under the contract. 

Examples of such alteration include, but are not limited to, cutting an item to remove a slice or observe internal 

surface characteristics, procedures requiring re-canning/re-cooking of the product, thawing and refreezing.

REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES

(a) 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. The Contractor, in making disposition in commercial channels of rejected supplies, is 

responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code 

(U.S.C.) 45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal

or State laws and regulations promulgated pursuant thereto.

(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration 

of government identifications within 72 hours of rejection of nonconforming supplies including supplies 

manufactured for the Government but not offered or supplies transferred from the Government's account to the cold 

storage Contractor's account at origin or destination. (For product rejected at destination and returned to the 

Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product). After removal 

or obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector.

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 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.
47

(i) Meat and meat products and poultry and poultry products may be supplied from establishments which are 

currently listed in the “Meat, Poultry and Egg Inspection Directory,] published by the United States Department of 

Agriculture, Food Safety and Inspection Service (USDA, FSIS), at 

http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory . The item, to be acceptable, shall, on 

delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield and applicable 

establishment number. USDA listed establishments processing products not subject to the Federal Meat and Poultry 

Products Inspection Acts must be listed in the Worldwide Directory for those items.

(ii) Intrastate commerce of meat and meat products and poultry and poultry products for direct delivery to military 

installations within the same state (intrastate) may be supplied when the items are processed in establishments under 

state inspection programs certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products 

Inspection Acts. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping 

container, as applicable, the official inspection legend or label of the inspection agency and applicable establishment 

number.

(iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and 

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

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

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

Egg Product Inspection Directory” published by the USDA FSIS at 

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

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

of the inspection agency and applicable establishment number.

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

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

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

National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA) (available at: seafood.nmfs.noaa.gov). 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

products not specifically listed by USDA product/operation code must be Worldwide Directory listed (e.g., plant is 

coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed 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 
48

Worldwide Directory (available at: 

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

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

“Distributed By”, “Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is 

indicated on the label or on accompanying shipment documentation.

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

determines the levels of food safety and food defense of the establishment or its products have or may lead to 

product contamination or adulteration, the Contracting Officer will suspend the work until such conditions are 

remedied to the satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of 

the contract, nor shall it be considered sufficient cause for the Contractor to request an extension of any delivery 

date. In the event the Contractor fails to correct such objectionable conditions within the time specified by the 

Contracting Officer, the Government shall have the right to terminate the contract in accordance with the “Default” 

clause of the contract.

(b) Delivery conveyances.

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

tampering with and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a 

prescribed temperature. The delivery conveyances shall be subject to inspection by the government at all reasonable 

times and places. When the sanitary conditions of the delivery conveyance have led, or may lead to product 

contamination, adulteration, constitute a health hazard, or the delivery conveyance is not equipped to maintain 

prescribed temperatures, or the transport results in product ‘unfit for intended purpose’, supplies tendered for 

acceptance may be rejected without further inspection.

FEDERAL FOOD, DRUG AND COSMETIC ACT-WHOLESOME 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;

 (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”.
49

(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.