SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000139901

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE300-22-R-0020

5. SOLICITATION NUMBER

2023 MAR 20

6. SOLICITATION ISSUE 

 DATE

Edwin De Leon DED0019

a. NAME

Phone: 215-737-8054

b. TELEPHONE NUMBER (No Collect

 calls)

2023 APR 21

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE300

DLA TROOP SUPPORT 

DIRECTORATE OF SUBSISTENCE 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311991

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

12. DISCOUNT TERMS 

 

13a. THIS CONTRACT IS A 

RATED ORDER UNDER 

DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

See Schedule

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

 

DATED . YOUR OFFER ON SOLICITATION 

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

1

SEE SCHEDULE

7. FOR SOLICITATION 

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

PAGE 1 OF 97
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

19. 

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR 

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)
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SPE300-22-R-0020

BLOCK 8 (Continued): 

OFFER DUE DATE/ LOCAL TIME: Friday, April 21, 2023 at 3:00PM EASTERN STANDARD TIME 

BLOCK 9 (Continued): 

Email and DIBBS are the acceptable forms of transmission for submission of initial proposals. E-mailed submissions 

should be sent to: 

Contracting Officer: Kimberly Hartzell, Kimberly.Hartzell@dla.mil 

Contract Specialist: Maria Silvester, Maria.Silvester@dla.mil 

NOTES: 

INITIAL OFFERS: 

(1) Submitting offers via DIBBS electronic upload is authorized for this solicitation. A notice with instructions to 

vendors has been posted to DIBBs. The following notes apply: 

(a)The offer must be signed, dated and completed in its entirety in accordance with the solicitation requirements. Do 

not select submit until all associated documents are added. No data will be saved unless the offer is submitted. Once 

submitted, documents may be added, but not removed. 

(b)Offerors are responsible for submitting proposals, and any revisions, and modifications, so as to reach the 

Government office by 3:00 p.m. LOCAL [PHILADELPHIA, PA] TIME. 

(c)If the ability to upload proposals is unavailable for any reason, this does not constitute an acceptable reason for 

a late proposal. In that case, one of the other acceptable submission methods must be utilized. 

(2) Facsimile offers are NOT authorized for this solicitation. 

DIBBS-Upload-Offer-User-Help.pdf (dla.mil) 

(3) Offerors submitting proposals using email are advised that DLA Troop Support systems have certain email size and 

transmission limitations. Proposals must be prepared accordingly. Individual email attachments should not exceed 5MB 

in size, and no individual email should exceed more than 10 MB per email (multiple email submissions may be 

necessary). When submitting multiple emails as a proposal submission, label each email with a number (e.g., 1 of 8), 

accordingly. After transmitting an email submission, offerors should confirm receipt of all emails with the intended 

recipients. It is an offeror’s responsibility to ensure its entire proposal is received by the date and time specified 

in sufficient time to ensure and confirm receipt by the Government. 

DISCUSSIONS/NEGOTIATIONS: As directed by the Contracting Officer, facsimile and e-mail may be used during discussions/

negotiations, if discussions/negotiations are held, for proposal revision(s), including Final Proposal Revision(s). 

BLOCK 17A. (Continued): 

OFFERORS: SPECIFY 

CAGE CODE: __________________________ 

FAX NUMBER __________________________ 

EMAIL ADDRESS________________________ 

COMPANY POC: ________________________ 

PHONE #: _____________________________ 

BLOCK 17B. (Continued): 

Remittance will be made to the address that the vendor has listed in the System for Award Management Database. (www.

sam.gov). Offeror’s assigned SAM Unique Entity Identifier (UEI): 

__________________________ 

(If you do not have a SAM Unique Entity Identifier (UEI), contact the individual identified in Block 7a of the SF 1449 

or see 52.212-1, Instructions to Offerors – Commercial Items (paragraph j) for information on contacting www.sam.gov 

to obtain one.) 

BLOCKS 19-24 (Continued): 

SEE SCHEDULE OF ITEMS (ATTACHMENT 1) 

AUTHORIZED NEGOTIATORS: 

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

connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for 

each authorized negotiator. 
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SPE300-22-R-0020

__________________________________________________________________________________________ 

__________________________________________________________________________________________ 

__________________________________________________________________________________________
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TECHNICAL REQUIREMENTS

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

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

WEB AT: 

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

EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF 

THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOWON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. 

 

CAUTION NOTICE 

THE CONTENT AND STRUCTURE OF SOLICITATION SPE300-22-R-0020 IS NEW. PLEASE READ CAREFULLY BEFORE SUBMITTING 

YOUR OFFER. 

 

The awardee will be required to have a computer system capable of accepting delivery orders and processing Electronic Data Interchange 

(EDI) transactions. This contract will require the contractor to have electronic commerce/electronic data interchange EC/EDI capabilities. 

 

All contractors who choose to conduct business with the Department of Defense must now be registered in the System of Award Management 

(SAM) database. In addition, we encourage all vendors who receive contract awards as a result of this solicitation to access the “Dynamic 

Small Business Search” feature of SAM to identify potential suppliers and teaming partners for this initiative. You may go to the System of 

Award Management at www.sam.gov and click on the “Dynamic Small Business Search” button. When making your procurement decisions 

we encourage your consideration of local business as a means to nurture small business and local economies. 

 

All contractors who receive awards as a result of this initiative are encouraged to utilize the SBA SUBNet database to assist them in further 

identifying additional small business sources of supply. Vendors may post notices of sources sought for teaming partners and subcontractors 

on future contracts. Small business can review this web site to identify opportunities in their area of expertise. You may access the SBA 

PRONet database through the SBA Website at www.sba.gov. 

 

Included in their proposal submission, offerors are required to substantiate Delivered Prices for all items in the Schedule of Items, 

with invoices / quotes for all groups offered on. See 52.212-1 Addendum “Proposal Submission Information”, para. D, item 2, for 

more information. 

 

CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) 

 

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

should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business 

ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and 

disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried 

out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the Government, in connection 

with the award, performance, or closeout of a Government contract performed by the contractor or a subcontract awarded there under, credible 

evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United 

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

 
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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. 

 

RAPID GATE, DEFENSE BIOMETERIC IDENTIFICATION SYSTEM (DBIDS) REQUIREMENT and/or OTHER SECURITY PROGRAMS 

 

Many bases may require enrollment in a particular system for base security such as RapidGate, the Defense Biometric Identification System 

(DBIDS), or other similar system(s). Such systems manage access to Department of Defense (DoD) installations, and will not allow entry 

without clearance. During the contract start-up/ implementation period, the Contractor must contact all customer locations to determine 

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

security enrollment is required, the Contractor must take all necessary steps to obtain this in time for the start of performance under this 

contract. Failure to have clearance may result in a vendor being turned away from the base and being unable to complete delivery. The 

Contractor is responsible for any costs associated with RapidGate, DBIDS, and/or other security program enrollment and must ensure that a 

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

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

enrollment may vary, so the Contractor should contact the specific security system contractor to determine its own costs. If more than one 

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

enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment is encountered during the startup/implementation period, the Contractor MUST contact the specific security system contractor and/or the Security Officer at the applicable 

customer locations to resolve any issues with processing enrollment so that the Contractor will be able to deliver as required. 

 

 

For additional information on current base security systems including RapidGate and DBIDS, including enrollment instructions, please visit 

their websites at www.rapidgate.com and http://dbids.dmdc.mil/DBIDS. 

 

 

 

 

 

 

 

 

 

 

 

 

 
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CHECKLIST - DID YOU REMEMBER TO ????? 

 

[ ] Fill in Block 17a, of 1449? 

 

[ ] Fill in Block 17A. Continued, on the bottom of page 3? 

 

[ ] Indicate remittance address and Unique Entity ID Number block 17B. Continued, on the bottom of page 3, if different, in offer? 

 

[ ] Sign Block 30a, name in Block 30b, and date in Block 30c.? 

 

[ ] Sign and return any/all amendments? 

 

[ ] Return one (1) COMPLETE & SIGNED copy of the solicitation? 

 

[ ] Fill out all certifications and representations in solicitation or submit a copy of your firm's Online Representations and Certifications 

Applications (“ORCA”) Registration from System for Award Management (“SAM”) website? 

 

[ ] Submit prices for every item listed in the Schedule of Items (Column G in Attachment 1)? 

 

[ ] Fill out Vendor Name & CAGE Code for Excel Spreadsheet cell “D3” in Attachment 1 for Groups 1, 2, 3, and 4? 

 

[ ] Submit Distribution Prices for Tier 1 Excel Spreadsheet cell “H8”, Tier 2 Excel Spreadsheet cell “M8” and Tier 3 Excel Spreadsheet cell 

“N8” Excel Spreadsheet cell in Attachment 1 for Groups 1, 2, 3, and 4? 

 

[ ] Checked box stating you intend or do not intend to use one or more facilities as a place of performance under Federal Acquisition 

Regulation (“FAR”) 52.215-6 Place of Performance? 

 

[ ] In accordance with the clause above, submit a separate list of places of performance, i.e. distribution centers / warehouse locations that 

will directly support the proposed customers? Warehouses that function as backups should be designated as such. 

 

[ ] Submit proof of a valid / current Perishable Agricultural Commodities Act (PACA) License? 

 

[ ] Submit a valid USDA Good Agricultural Practices (“GAP”)(USDA GAP or Harmonized GAP Plus), USDA Plant Systems Audit - Good 

Manufacturing Practices (“GMP”), or independent third-party certifying company audit report(s) / certificate for each place of 

performance identified in the offeror's proposal? 

 

[ ] Submit required information concerning financial arrangements under which you receive money from your Suppliers. I.e. manufacturer, 

grower, private label holder, or redistributor (when the Redistributor Exception applies)? Note: a negative response is required. For 

more information, see 52.212-1, “Proposal Submission Information”, para G. 

[ ] Submit all documents electronically by emailing to Kimberly.Hartzell@dla.mil and Edwin.DeLeon@dla.mil or submit electronically through 

the DLA Bid Board System (“DIBBS”)? 

 

CAUTION: The above checklist is for convenience purposes only. This list is not intended to be all-inclusive. Offerors are 

responsible for carefully reviewing the entire Solicitation to ensure proper submission of all required information. 
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STATEMENT OF WORK

 

I. INTRODUCTION 

 

A. Defense Logistics Agency (“DLA”) - Troop Support (“Agency”) intends to enter into an indefinite quantity contract(s) (“IQC”) with a 

commercial firm(s) to supply a full-line of United States Department of Agriculture (“USDA”) Grade Number 1 or better quality fresh 

fruits and vegetables (“FF&V”) and Shell Eggs (if required) products to Department of Defense (“DoD”, or “Troop”) and USDA 

(“Schools” and "Reservations") customers in the Southern California Zone. Specific quality requirements per item are included in

the Schedule of Items (Attachment 1). Failure to propose the specified quality requirement per item as identified in Attachment 1

may render an offeror's proposal technically unacceptable. If the item's description in Attachment 1 does not provide a specific 

quality grade, the minimum quality grade that is required to meet the terms of this Solicitation is USDA Grade Number 1. 

 

A successful offeror(s) will be required to source, purchase, store, and deliver a variety of FF&V items to DLA Troop Support 

customers on an ongoing basis, while at the same time maintaining acceptable fill rates, levels of customer service, and product 

quality. Therefore, an offeror must currently possess the physical, logistical, and financial resources to serve as a commercial 

distributor of a variety of FF&V items. It is neither sufficient nor acceptable for an offeror to be a third-party logistics (“3PL”) 

company (i.e. a company that does not intend to serve as the FF&V supplier but instead intends to subcontract out the majority of 

aspects required by the contract, including but not limited to ordering, warehousing, distribution, etc.). By offering, an offeror 

affirms its status as a current and functioning commercial distributor of FF&V items. In order to determine whether an offeror 

meets the technical requirement of being a current and functioning commercial FF&V distributor, the Contracting Officer will 

require an offeror to provide its current, valid Perishable Agricultural Commodities Act (“PACA”) license. In addition, the 

Contracting Officer will require an offeror to submit a valid USDA Good Agricultural Practices (GAP) (USDA GAP or Harmonized 

GAP Plus), USDA Plant Systems Audit - Good Manufacturing Practices (GMP), or independent third-party certifying company 

audit report(s) / certificate for each place of performance identified in the offeror's proposal. The audit report(s) must demonstrate 

that a passing score(s) was/were received. Please note that a request for the aforementioned information by the Contracting 

Officer will be used to make a determination of whether or not the offeror meets the technical requirement of being a current and 

functioning commercial distributor of FF&V. This information is not being sought to determine an offeror's likelihood of success in 

performing the contract as would be the case in a responsibility analysis. 

 

B. The aforementioned zone is comprised of (4) Groups in the area described above. Group 1 consists of DoD Troop customers in 

Los Angeles, CA; Group 2 consists of Non-DoD USDA School and Reservation customers in Los Angeles, CA; Group 3 consists 

of DoD Troop customers in San Diego, CA; and Group 4 consist of Non-DoD USDA School and Reservation customers in San 

Diego, CA. The Agency intends to award one separate contract per Group. Offerors may submit a proposal for any Group or all 

Groups. The offeror must support all the customers in the Group for which they make an offer. Offerors are required to propose

and properly substantiate pricing on all items in the Schedule of Items for each Group on which it offers. Failure to do so may 

result in its proposal being deemed technically unacceptable and therefore excluded from further consideration for award. 

Because the Contracting Officer is not obligated to initiate negotiations, each offeror shall submit its most competitive proposal for 

each Group it has chosen to propose on. Said proposal shall be responsive to all of the Solicitation's requirements and free from 

any deficiencies. 

 

C. This solicitation is being issued as 100% Small Business set-aside acquisition under full and open competition procedures. North 

American Industry Classification System (NAICS) is 311991 and size standard is 500. A waiver of the Non-Manufacturer rule has 

not been requested for this acquisition because it is an acquisition for multiple items. In accordance with 13 CFR 121.406(d)(1), if 

at least 50% of the estimated contract value of an acquisition for multiple items is composed of items that are manufactured by 
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small business concerns, then a waiver of the Non-Manufacturer rule is not required. As such, for this acquisition, it is expected 

that items comprising at least 50% of the contract value will be manufactured by small business concerns. The contracting officer 

must be immediately notified if it appears as though this requirement will not be met. 

 

D. This Solicitation utilizes the Lowest Price Technically Acceptable (“LPTA”) Source Selection Procedures. The length of the contract 

is 60 months (5 years) including all tiers. As part of this selection process, the Agency will incorporate a weighting factor in its 

evaluation. Said factor will only be applied for evaluation purposes to the Aggregate Distribution Price. Please refer to the 

Addendum to FAR 52.212-2 contained in this Solicitation for additional information about how each offeror's price, and price 

components, will be evaluated. 

 

E. Any award resulting from this Solicitation will be an IQC that is fixed in price subject to the applicable Economic Price Adjustment 

(“EPA”) provision. For additional information regarding the EPA, refer to page 12 section VII. of the Solicitation. An IQC will 

provide for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with 

deliveries to be scheduled by placing orders with the contractor (reference FAR 16.504(a)). 

 

II. EFFECTIVE PERIOD OF CONTRACT 

 

Any resulting contract from this Solicitation will not exceed 60 months (5 years), inclusive of a 90 day start-up period, commencing on 

the effective date of the contract. 

 

III. TIERS 

 

A. The 5 year contract period is divided into one (1) 24-month tier period (Tier 1), and two (2) 18-month periods (Tier 2 & Tier 3)

(hereafter individually referred to as “Tiers”). Each Tier affords offerors an opportunity to provide different Distribution Prices, as 

defined in the EPA provision of the Solicitation, per Tier. Each Distribution Price offered must be expressed as a dollar value (up 

to two decimal places) and NOT a percentage. If an offeror submits the latter, it will NOT be accepted. If an offeror fails to 

provide a Distribution Price for any of the Tiers, the Contracting Officer will assume that it is the offeror's intention that no change 

in Distribution Price was meant after the most recent preceding tier period that included a Distribution Price. For instance, if an 

offeror proposes a Distribution Price for Tier 1 of $3.00 and fails to propose anything for Tier 2, the Contracting Officer will 

interpret that omission as meaning that the $3.00 Distribution Price pertains to both Tiers. 

 

B. Although different distribution prices may be offered for each tiered period, the distribution prices will be firm-fixed and, thus, not 

subject to change during a tiered period. Contract deliveries may fall outside of the tier effective periods (e.g., an order placed 

during Tier 1 may be delivered during Tier 2). Prices will be based on the time an order is placed, not when an order is delivered. 

For example, if an order is placed during Tier 1, but delivery is made during Tier 2, then the prices in effect for that order will be 

the Tier 1 prices. 

 

IV. ESTIMATED DOLLAR VALUE / GUARANTEED MINIMUM / MAXIMUM 

 

A. The following chart includes the 24-month estimated dollar value for Tier 1, and the overall 5-year period, along with the 10% 

guaranteed minimum value and the 300% contract maximum value. Though both figures are based on estimates, the 

guaranteed minimum and the contract maximum are both fixed firm dollar amounts. The guaranteed minimum is calculated as 

10% of the first 12 months of Tier 1 and the contract maximum is calculated as 300% of the 5-year estimated dollar value of the 

contract. The term"estimate" refers to the Agency good faith estimate of the requirement for the specific tier periods stated. 

 

B. NOTE: The guaranteed minimum, per group, which is shown in the “Guaranteed Minimum” column below, constitutes the 
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Agency's full legal obligation as to its ordering requirements for that group. The guaranteed minimum covers the entire contract term 

(inclusive of all tiers) and, once this obligation is met, there is no further ordering obligation on the part of the Agency regardless of 

what tier period said obligation is met within. If multiple groups are awarded under the contract, the aggregate guaranteed minimum 

and contract maximum dollar values for those groups apply to the entire contract, and not on a per group basis. 

 

 

 

 

 

V. CONTRACT START-UP PERIOD 

 

A. For this section and all sections of the Statement of Work hereafter, the term "day or days" is defined as calender days" unless 

otherwise noted." After an award is made, the Contractor (also referred to as the Awardee) will be required to take steps to 

implement its new contract prior to initial ordering/delivery. Within 15 days after the award is made, the Contractor shall submit a 

proposed implementation schedule to the Contracting Officer that details all of the necessary steps that are required to ensure 

proper contract performance. This may include but is not limited to catalog/ordering/invoice testing (Subsistance Total Ordering 

Receipt Electronic System (STORES) and/or Fresh Fruit and Vegetables Order Receipt (FFAVORS), sourcing new items, finalize 

delivery schedule per customer location, etc. An additional 60 days will be granted for actual completion of the task included in 

the proposed schedule. No more than 90 calendar days after award, however, will be given to complete the schedule and have a 

fully functional distribution account in place for all customers covered under the contract(s). The timeline for the “start-up” period, 

as described above, is included in the first 24-month Tier 1 period. 

 

VI. ELECTRONIC ORDERING CATALOGS 

 

An offeror that receives an award will be required to maintain electronic catalogs that list all items available to the customers covered 

under this solicitation. These catalogs will be either STORES (for Troop contracts) or FFAVORS (for Schools and Reservation 

contracts). Each item in the catalog shall contain the corresponding national or local stock number (as appropriate), Government item 

description, packaging characteristics, unit of issue, and unit price. 

 

A. Catalog Maintenance 

 

1. New Items 

 

(a) Prior to commencement of the first order, DLA Troop Support, its customers, and the Contractor will collaborate 

to identify items not found in the solicited Schedule of Items that will be required to be added to the ordering 

catalog. This effort is limited in its scope but necessary to update the catalog with items that were not required 

previously due to seasonality and other contingent circumstances unknown to the Contracting Officer at the 
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time of solicitation. Neither a Contractor nor customers are permitted to add new items to the catalog without 

initiating a new item request to the Contracting Officer, which requires a separate fair and reasonable price 

analysis per item. 

 

(b) If a customer seeks to order an FF&V item that is not a part of the catalog after the customers' ordering period 

commences (i.e. post “start-up” period), the Contractor will be afforded a maximum of 20 days to source the 

item, obtain a stock number from the Agency (in the event that one does not already exist), and add the item to 

the ordering catalog via an 832 catalog transaction. The final step prior to the item being “live” on the catalog is 

for the Contracting Officer to determine the item's price “fair and reasonable.” Once this is complete, the item 

should remain a constant within the contractor's inventory, subject to limited seasonal and other availability 

issues. When requesting all item approvals (including new additions and/or changes to an existing item, such 

as pack size, etc.) with the Contracting Officer, the Contractor shall use the “Request for New Item” Form 

(Attachment 3). This form is mandatory and without it, no new items or changes to existing items will be 

processed by the Contracting Officer. 

 

(c) Upon receiving the award, it is expected that the Contractor assume the responsibility of introducing new 

produce items to the customers, as well as showing cost-effective alternatives to their current choices. 

However, the requirements will ultimately be determined by the customer(s) and added to the ordering catalog 

by the Contracting Officer per the process outlined below. 

 

2. Catalog Pricing 

 

(a) Schedule of Items Pricing: Items priced in the Schedule of Items (see Attachment 1) will be included in the 

ordering catalog following award. Schedule of Items will be determined fair and reasonable prior to award. 

The final proposed price for each item in the Schedule of Items will be fixed as the catalog price during the first 

two weeks of customer ordering. 

 

(b) Contractor-Requested Catalog Price Changes: Upon award, all items included in the Solicitation's Schedule of 

Items that ultimately are included in the ordering catalogs have been deemed “fair and reasonable” from a 

pricing standpoint by the Contracting Officer. No further analysis is necessary with regard to those prices until 

said prices are subject to change per a request by the Contractor under the terms of the EPA provision. In 

accordance with said provision, a Contractor is permitted to submit a bi-weekly adjustment request for any 

items found on the catalog when consistent with actual price changes of said items encountered by the 

Contractor as reflected in the commercial market. When such a request occurs, the Contracting Officer is 

required to make an entirely new “fair and reasonable” determination of that item's new requested price. Prices 

are to be adjusted downward or upward, as appropriate, according to “last receipt” price, as defined under the 

EPA terms of this solicitation. If the new requested price cannot be found “fair and reasonable” by the 

Contracting Officer, the last approved price will remain effective for purposes of the ordering catalog and the 

Contractor shall continue support of that item(s) for Agency customers the following two-week period and 

beyond until a new “fair and reasonable” price is approved. The Contracting Officer's failure to approve a 

Contractor's request for a bi-weekly adjustment of a price will NOT result in the automatic removal of the 

corresponding item from the following ordering period's ordering catalog. In a circumstance where an item's 

price is “held over” from a prior two-week period, having not been adjusted due to the Contracting Officer's 

rejection of a subsequent bi-weekly price adjustment request (i.e. newly proposed price cannot be determined 

“fair and reasonable”), it is expected that the terms of the EPA provision continue to be strictly adhered to. It is 

unacceptable, and a breach of said terms, if a Contractor uses a “held over” price to overcharge the 
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Government at a point when that price exceeds the item's true price as paid by the Contractor in its business, 

which reflects commercial market conditions for that item. Therefore, in the “held over” scenario as described 

above as well as all scenarios encountered during contract performance, price decreases are expected when 

and where applicable. Please note that the Contracting Officer has wide discretion in managing the abovedescribed processes and resolving any resulting issues. 

 

(c) Contractor-Requested Catalog Additions: Before an item is added to the catalog, the Contractor is required to 

submit to the Contracting Officer the “Request for New Item” Form as previously addressed (see Attachment 

3). Said request shall include the stock number, Government item description including the quality grade of the 

item, proposed unit price with a corresponding supplier invoice or quote (quotes permitted in very limited 

circumstances as approved by the Contracting Officer; e.g. Contractor never purchased item before or stale 

prices due to seasonality), and previously agreed upon distribution price. The request is due by 9:00 A.M. 

Eastern Time (ET) (standard or daylight as applicable) on the Monday prior to Wednesday's catalog 

updates. Please note that meeting this deadline does not guarantee that the item's price will be 

approved as “fair and reasonable” nor does it mean that the Contracting Officer will have been able to 

complete his/her review of the request prior to the time necessary to incorporate it into the following 

ordering period's ordering catalog. The Contracting Officer will review the catalog addition request and 

upon determining the price fair and reasonable will contact the Contractor to indicate acceptance. The 

Contractor shall then include the item on the next scheduled Wednesday catalog update after the request is 

approved. Should the proposed price fail to be determined “fair and reasonable,” the Contracting Officer will 

conduct negotiations with the Contractor. If, after negotiations, the proposed price still cannot be determined 

“fair and reasonable,” the item will not be added to the catalog. 

 

(d) Pricing Requirements: The Contractor's catalog prices, as awarded, constitute the initial catalog prices. These 

prices are in effect during the first two ordering weeks (from Sunday at 12:00 AM (Eastern Time (ET), standard 

or daylight as applicable) through 11:59 PM on the Saturday of the second week following (i.e. the 14th day). 

The prices shall remain in effect for all subsequent ordering periods, except as otherwise adjusted in 

accordance with the EPA provision. 

 

VII. ECONOMIC PRICE ADJUSTMENT (“EPA”) - ACTUAL MATERIAL COSTS FOR SUBSISTENCE FRESH FRUITS & VEGETABLES 

(“FF&V” or “Produce”) AND SHELL EGGS MODEL 

 

A. Warranties. For any items covered by this EPA language, the Contractor warrants that: 

1. Contract Unit Price and the components of the Contract Unit Price, i.e. Delivered Price and Distribution Price, shall not 

include allowances for any portion of the contingency covered by this language; and 

 

2. Price adjustments requested during the performance of the contract shall be computed in accordance with the provisions 

of this language. 

 

 B. Definitions. As used throughout this language the term: 

 

1. “Contract Unit Price” means the total price per unit of a particular item charged to the Government for a product delivered 

to customers under this contract. The Contract Unit Price consists of two separate and distinct components: 1) Delivered 

Price, less Rebates/Discounts, and 2) Distribution Price. The unit price sum of these two components shall be rounded 

up or down to the nearest cent, to determine the Contract Unit Price. 

 
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2. “Delivered Price” 

 

(i) “Delivered Price” means the commercial manufacturer, grower, or private label holder price per unit charged to 

the Contractor, inclusive of standard freight to the Contractor's facility/facilities, for the purchase of a 

representative quantity of the item as compared to orders under this contract. Delivered Price is the 

manufacturer, grower, or private label holder price that is input into the Contractor's purchasing system as the 

starting basis for its pricing to customers prior to applying or deducting any additional costs or expenses, such 

as distribution, overhead, profit, rebates/discounts, or other costs/expenses stemming from separate financial 

arrangements. Delivered Price shall be substantiated with an actual invoice paid by the Contractor. In limited 

circumstances, quotations may be used to substantiate a Delivered Price, but only with specific approval of the 

Contacting Officer. The Delivered Price shall not include costs to be included in the Distribution Price. 

 

 

(A) Redistributor Exception: 

On a case by case basis, for a specific item or stock keeping unit (“SKU”), a contiguous United States 

(CONUS) redistributor's most recent commercial price per unit, inclusive of standard freight to the 

Contractor's facility/facilities to the Contractor of a representative quantity of product as compared to 

orders under the contract may be used to establish Delivered Price. A redistributor's commercial price 

may only be used to establish Delivered Price when the redistributor's price for the quantity ordered is 

equal to or lower than a manufacturer's, grower's, or private label holder's current market price for a 

representative quantity of product inclusive of rebates/discounts. The Contracting Officer must 

specifically approve the use of this exception. When seeking approval for the use of this exception, at 

a minimum, the Contractor must supply invoices from the redistributor. Quotes from the redistributor 

are unacceptable. Additional supporting documentation (e.g., published price list, manufacturer letter, 

or similar proof of price comparison) may be required. The determination of whether the supporting 

documentation offered is sufficient to establish a manufacturer's, grower's, or private label holder's 

current market price, as well as the decision to permit the use of this exception, rests solely with the 

Contracting Officer. 

 

3. “Distribution Price(s)” means the firm-fixed price portion of the Contract Unit Price, offered as a dollar amount per unit of 

issue, rounded up or down to the nearest cent. The Distribution Price component includes all costs associated with the 

Contractor's performance that are not included in the Delivered Price, including, but not limited to: human resources, 

insurance, special packaging, overhead, profit, transportation from the Contractor's facility or other place of performance 

to the end customers, split-case fees, ancillary in-house processing fees, subcontractor costs, etc. 

 

4. “Grower” means the business concern that raises produce for marketing. 

 

5. “Manufacturer” mean the business concern that, with its own facilities, performs primary activities of processing or 

transforming agricultural products into the end item being acquired. 

 

6. “Ordering Catalog” means the electronic listing of items and Contract unit prices available for ordering under this 

contract. 

 

7. “Ordering Period” means from Sunday at 12:00 AM (Eastern Time (ET), standard or daylight as applicable) through 

11:59 PM on the second Saturday following.(i.e. the 14th day). 

 
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8. “Private Label Holder” means: 

 

(i) A manufacturer or grower with whom the Contractor holds an ownership and/or financial interest, or ownership 

and/or financial interest in a specific item(s) produced by a manufacturer or grower; 

 

(ii) An entity holding an intellectual property interest, whether by ownership or license, in the label under which 

product is being sold in the commercial marketplace; or 

 

(iii) An entity holding exclusive marketing and/or sales authority of a product, or one holding property rights in a 

proprietary product formula. 

 

9. “Rebates/Discounts” means all rebates, discounts, product allowances, food show discounts, early payment discounts 

(other than qualifying early payment discounts as may be defined elsewhere in this contract), and any other rebates, 

discounts, economic incentives, or similar financial arrangements available at the manufacturer, grower, private label 

holder, or redistributor level that ultimately reduces the Contractor's price paid for a product supplied under the contract. 

In accordance with this language as well as other provisions of this contract, and subject to any applicable exceptions, all 

rebates/discounts shall be passed on to the Government via a reduced catalog price for the item to which the rebates/

discounts pertain (i.e. “off invoice”). Any rebates/discounts that cannot be applied as an up-front price reduction must be 

submitted to the Contracting Officer via check payable to the U.S. Treasury, with an attached itemized listing of all 

customer purchases by line item, including contract number, call number, purchase order number and contract line item 

number (“CLIN”). 

 

10. “Redistributor” means an entity independent of the contractor that operates in the existing commercial marketplace and 

from which the contractor purchases product for purposes of consolidating quantities and/or obtaining lower delivered 

prices. Examples may include: brokers, dealers, distributors, and buying groups. 

 

11. “Standard Freight” means the published list price or prevailing market rate for transportation of items ordered under this 

contract from the manufacturer, grower, private label holder, or redistributor (when the Redistributor Exception applies) to 

the Contractor's facility/facilities. Standard Freight must be documented in an invoice; however, quotes may be an 

acceptable form of substantiation in limited circumstances and if authorized by the Contracting Officer. Standard freight 

may include certain ancillary costs associated with transportation which are consistent with commercial practice in the 

produce industry, including, but are not limited to, pallets, temperature recording devices, Tectrol, etc. 

 

(i) In the event that the Contractor picks up its own product directly from a manufacturer, grower, private label 

holder, or redistributor (when the Redistributor Exception applies) on an F.O.B Origin basis, or arranges for 

delivery transportation from a third party source other than the manufacturer, grower, private label holder, or 

redistributor (when the Redistributor Exception applies), the standard freight cost shall be based on market 

tariffs/conditions and consistent with prevailing market rates. At no time shall that cost exceed the 

manufacturer's, grower's, private label holder's, or redistributor's, or such entity's carrier's freight price normally 

payable by the Contractor for inbound shipments of such products and quantities to the Contractor's facility(ies). 

 

C. Price adjustments. 

 

 1. General. 

 

(i) All Contract Unit Prices shall be fixed and remain unchanged until changed pursuant to this language or other 
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applicable provision of the contract. Only the Delivered Price component of the Contract Unit Price is subject to 

adjustment under this section. After the first ordering period, if the Contractor's Delivered Price changes for any 

or all Contract Unit Prices, the Contract Unit Price shall be changed in the next period's ordering catalog upon 

the Contracting Officer's approval of the Contractor's request, which must be submitted in accordance with 

paragraph (iii) below, by the same dollar amount of the change in the Delivered Price, subject to the limitations 

in paragraphs C.2 and D, below. Any price changes approved by the Contracting Officer shall become effective 

at the beginning of the next ordering period. All ordering catalog unit prices computed in accordance with this 

section and in effect when an order is placed shall remain in effect for that order through delivery. DLA Troop 

Support will be charged the Contract Unit Price in effect at the time the order is placed, regardless of any 

changes in the Contract Unit Price occurring before delivery or in any subsequent ordering period. 

 

(ii) Delivered Prices included in the catalog shall equal the Contractor's last receipt price for the item as reflected in 

an invoice (or quote in limited circumstances) for a representative quantity compared to typical Government 

purchases. For the purpose of the contract catalog, the “last receipt price” means the price of the product 

charged on the most recent invoice at the time the price change is requested. For example, if by Wednesday (i.

e. the day price change requests are due to the Contracting Officer) the Contractor had recently received two 

invoices for the product in question, one on Monday and one on Tuesday, then the most recent invoice is the 

one from Tuesday (assuming it contains a representative quantity as described above). It is important to note 

that a Delivered Price must in almost all cases be justified using an invoice as described in this paragraph. 

Use of a quote is only permitted in extremely limited circumstances, such as when an item has not been 

purchased before by the Contractor or the price of the item is stale due to seasonality and other similar issues. 

Outside of those limited circumstances, which will be reviewed and approved by the Contracting Officer on a 

case-by-case basis, a Delivered Price will not be substantiated by using the price of an item that is the latest to 

arrive at the Contractor's facility but does not yet have an invoice to support it. Ultimately, the invoice (or quote 

in limited circumstances) justifying the Delivered Price request is subject to review by the Contracting Officer at 

the time the request is made. 

 

(iii) Updates to the Delivered Price: All notices and requests for new item Delivered Prices and price changes shall 

be submitted bi-weekly, no later than 12:00 p.m. (Noon) Eastern Time on Wednesday to be effective in the 

following ordering period's ordering catalog. Invoices submitted to support price change requests shall also 

identify all rebates/discounts that will be subtracted from the requested delivered prices when calculating the 

revised contract unit prices that would go on the catalog. The Contractor shall notify the Contracting Officer of 

its notice/request in the form of an electronic data interchange (“EDI”) 832 transaction set when using STORES 

or an update to FFAVORS web. The change notice shall include the Contractor's adjustment in the Delivered 

Price component of the applicable Contract Unit Price. Upon the Contracting Officer's acceptance of such EDI 

832/FFAVORS Web price changes in accordance with paragraph (v) below, the price change transaction sets 

will post in the next ordering period's ordering catalog and each Contract Unit Price shall be changed by the 

same dollar amount of the change in the Delivered Price in the next ordering period's ordering catalog. 

 

 

(iv) All price changes, and catalog contract prices, are subject to review by the Government. The Contracting Officer 

may, at any time, require the submission of supporting data to substantiate any requested price change or the 

requested continuation of the pre-existing price for any item, including prices applicable to prior ordering 

periods. Upon notice from the Contracting Officer that supporting data is required, the Contractor shall promptly 

furnish to the Government, all supporting data, including, but not limited to, invoices, quotes, price lists, 

documentation regarding rebates/discounts, and any other substantiating information from the Contractor and 
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any and all of its suppliers in the supply chain, including the manufacturer, grower, private label holder, or 

redistributor. 

 

(v) Price change requests that the Contracting Officer questions or finds to be inconsistent with the requirements of 

this provision shall not be posted until the Contracting Officer specifically authorizes the posting. If the 

Contracting Officer does not notify the Contractor by 9:00 a.m. Eastern Time each Friday that a price or a price 

change request is being questioned or has been found to be erroneous, the price change(s) will post to the 

ordering catalog effective the beginning of the following ordering period. The posting of updated prices in the 

ordering catalog, calculated in accordance with this section, constitutes a modification to this contract. No 

further contract modification is required to effect this change. Any changes that post to the ordering catalog do 

not constitute a waiver of any of the rights delineated elsewhere in the Solicitation, any resulting contract(s), or 

otherwise by law or regulation. 

 

(vi) Should the Contracting Officer determine that, or question whether, a price change request contained an 

erroneous Contract Unit Price or price change, or cannot otherwise determine the changed price(s) to be “fair 

and reasonable,” such as when the changed price(s) is(are) higher than delivered prices for items of 

comparable quality which are reasonably available to the Government or Contractor from other sources, the 

Contracting Officer will so advise the Contractor, prior to 9:00 a.m. Eastern Time on Friday. If the Contracting 

Officer cannot determine a price fair and reasonable, and the Contracting Officer and the Contractor cannot 

negotiate a fair and reasonable price, the Contracting Officer may reject any price change and direct, in writing, 

that the item in question be retained on the catalog at the most recent previously-approved price consistent 

with current market conditions. In the alternative, the Contracting Officer may authorize the removal of an item. 

 

(vii) In the event of a price change not posting or an ordering catalog Contract Unit Price not computed in 

accordance with this section, resulting in an incorrectly increased or decreased Contract Unit Price, upon 

discovery of such occurrence the Contractor shall immediately notify the Contracting Officer in writing and 

promptly thereafter correct its ordering catalog. In the event of an erroneous price increase in the ordering 

catalog, the Contractor shall submit a refund, including interest if applicable, for any amounts paid to the 

Contractor resulting from the erroneous price. In the event of an erroneous price decrease in the ordering 

catalog, the Contractor may submit a request for an equitable adjustment in the amount of the undercharge for 

consideration by the Contracting Officer. The request may be entertained if the Contractor can demonstrate to 

the satisfaction of the Contracting Officer that the error did not result from the fault or negligence of the 

Contractor. The Contractor will not be entitled to reimbursement if the undercharge was the fault or negligence 

of the Contractor. 

 

2. Limitations. All adjustments under this section shall be limited to the effect on Contract Unit Prices of actual increases or 

decreases in the Delivered Prices for material. There shall be no upward adjustment for -- 

 

(i) Supplies for which the Delivered Price is not affected by such changes; 

 

(ii) Changes in the quantities of materials; and 

 

(iii) Increases in Contract Unit Prices that the Contracting Officer determines are computed incorrectly (i.e. not 

adhering to the Contract Unit Price definition in this provision) and/or increases in Contract Unit Prices that the 

Contracting Officer determines are not fair and reasonable. 

 
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D. Upward ceiling on economic price adjustment. The aggregate of Delivered Price increases for each item under this section during 

the entire contract period shall not exceed 160% for Department of Defense (DoD) Troop customers in Los Angeles,CA, 90% for 

United States Department of Agriculture(USDA) School customers in Los Angeles, CA, 160% for USDA Reservation customers in 

Los Angeles,CA,130% for DoD Troop customers in San Diego,CA, 90% for (USDA) School customers in San Diego,CA and 160% 

for USDA Reservation customers in San Diego,CA, of the initial contract Delivered Price, except as provided below: 

 

1. If at any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of 

this language will be required that will exceed the Delivered Price ceiling for any item, the Contractor shall promptly notify 

the Contracting Officer in writing of the expected increase. In the event that the latest actual market price for an item 

does result in a Delivered Price that exceeds the allowable ceiling price under the contract, the Contractor shall 

immediately notify the Contracting Officer in writing or via its EDI 832/FFAVORS Web price change request no later than 

the time specified in paragraph C.1.(iii), above. With either such notification, the Contractor shall include a revised ceiling 

that the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate 

explanation and documentation as required by the Contracting Officer. 

 

2. The price change shall be posted for the following period's ordering catalog. If an actual increase in the Delivered Price 

would raise the price for an item above its current ceiling, and the Contracting Officer and Contractor cannot negotiate a 

fair and reasonable price below the ceiling or if the Contracting Officer does not issue a contract modification to raise the 

ceiling, the Contracting Officer may reject the price change and direct that the item be retained on the contract at the last 

approved price. If the Contracting Officer decides to retain the item, the contractor shall continue to perform with the item 

at the last approved price. In the alternative, the Contracting Officer may authorize the removal of an item. The decision 

regarding whether to modify the contract, retain the item, or remove the item rests solely with the Contracting Officer. 

 

E. Downward limitation on economic price adjustments. There is no downward limitation on the aggregated percentage of decreases 

that may be made under this section. 

 

F. Price Audit. The Contracting Officer may require the Contractor to submit invoices and other documentation from all subcontractors 

at all tiers and/or all suppliers or persons in the Delivered Price supply chain, up to and including the grower, manufacturer, and/or 

redistributor, for the purpose of confirming Delivered Prices charged to the Government, as well as to substantiate all rebate/

discounts applicable to orders under the contract. In performing the price audit, the Government shall have the right to examine 

books, records, documents and other data, to include commercial sales data, that the Contracting Officer deems necessary to 

verify Contractor adherence to the provisions of this section and any other terms and conditions of the contract. Such price audits 

may occur up to twice a year (except as provided for below) until the end of 3 years after the date of final payment under this 

contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (“FAR”), whichever is earlier. In addition 

to price audits, the Government may conduct additional examinations of records, as required by the Contracting Officer to ensure 

contract compliance. 

 

G. Final invoice. The Contractor shall include a statement on the final invoice for each order that the amounts invoiced hereunder 

have applied all decreases required or authorized by this section. 

 

H. Disputes. Any dispute arising under this section shall be determined in accordance with the “Disputes” clause of the contract. 

 

 

VIII. REBATES/DISCOUNTS AND PRICE-RELATED PROVISIONS (COMPONENT PRICE MODEL FOR PRODUCE) 

 

A. Terms used in this provision shall have the same definition as those included in Economic Price Adjustment (EPA) language, 
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included in section VII. 

 

B. Rebates/Discounts 

 

1. All NAPA discounts, food show discounts, early payment discounts (except Qualifying Early Payment discounts discussed 

herein), and other discounts, rebates, allowances, economic incentives, financial arrangements, or other benefits, which 

reduce the Contractor's price paid for products supplied under this contract or which are otherwise attributable to products 

sold under this contract, shall be passed to the Government via a reduced catalog price. Any Rebates/Discounts that cannot 

be applied as an up-front price reduction must be submitted via check payable to the U.S. Treasury, with an attached itemized 

listing of all customer purchases by line item, including contract number, call number, purchase order number and contract 

line item number (“CLIN”). Instructions for identifying discounts, rebates, allowances or other economic incentives or benefits 

that shall be provided to the Government or retained by the Contractor are set forth in the submission requirements in the 

Business Proposal/Pricing and in the Reports section of the Statement of Work. 

 

2. The Contractor shall employ prevailing commercial methods in the pursuit of discounts, rebates, allowances or other economic 

incentives or benefits for the Government throughout the period of performance of this contract. 

 

3. The Contractor may retain Qualifying Early Payment discounts that meet the following conditions: 

 

 (i) The Early Payment discount is an incentive to encourage payment earlier than the normal payment due date; 

 (ii) The Early Payment discount is consistent with commercial practice; 

(iii) The Early Payment discount is routinely given by the manufacturer, grower, private label holder, or redistributor to 

their customers, other than the Contractor, at the same discount rate and under the same conditions as provided to 

the Contractor; 

(iv) The Early Payment Discount is not established, requested, or negotiated for the purpose of avoiding giving DLA 

Troop Support a lower cost or application of a rebate/discount resulting in a higher invoice price; 

(v) The Early Payment discount is no more than 2 percent of the manufacturer's, grower's, private label holder's, or 

redistributor's invoice and the early payment is required within 10 days to obtain the discount; and 

(vi) The contractor actually made the required payment within the time period required to receive the discount. 

 

4. The Government may require the contractor to submit invoices and other documentation from all subcontractors (as defined in 

FAR Part 44.101) and/or any entity in the delivered price supply chain to substantiate or identify any Rebates/Discounts. If the 

Contracting Officer determines, after reviewing an invoice or other documentation, that a Rebate/Discount should have been, 

but was not, passed on to the Government, the Government shall be entitled to a refund in the amount of the overcharges, 

inclusive of interest. If the Contractor believes it erroneously credited a rebate/discount to the Government, Contractor may 

submit a request for an equitable adjustment for the amount of the undercharge. The request may be entertained if the 

Contractor can demonstrate to the satisfaction of the Contracting Officer that the error did not result from the fault or 

negligence of the Contractor. The Contractor will not be entitled to reimbursement if the undercharge was the fault or 

negligence of the Contractor. 

 

5. The Contracting Officer, and/or authorized representative(s), shall have the right to examine and audit the Contractor's records 

relevant to pricing under the contract, including records related to the existence and proper accounting of rebates, discounts, 

etc. The Government may also review/audit the Contractor's electronic purchasing system to confirm that the Delivered Price 

of a product sold to the Government is accurate. 

 

6. Failure on the part of the Contracting Officer to identify non-compliance with this provision or to challenge the Contractor's 
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erroneous interpretation of this provision shall not constitute waiver or a defense against the Government's entitlement to any 

of Rebates/Discounts or any other remedies afforded by this section, the contract, or other applicable laws and regulations. 

 

IX. DOMESTIC NON-AVAILABILITY DETERMINATION - FRESH FRUITS AND VEGETABLES 

 

A. A Class Domestic Non-Availability Determination (“DNAD”) for Federal Supply Class 8915, Fresh Fruits and Vegetables (FF&V), 

dated 16 May 2008 was approved and is in effect for the DLA Troop Support/DLA Produce Long-Term Contracts. This DNAD 

establishes a limited Berry Amendment waiver to the requirements of DFARS 252.225-7012, Preference for Certain Domestic 

Commodities, which is applicable to this Solicitation. As a result of the DNAD, non-domestic FF&V may be supplied under this 

contract when domestic FF&V of satisfactory quality and sufficient quantity cannot be procured as and when needed at U.S. 

market prices. This determination will remain in effect until these circumstances have changed and the DNAD is formally 

rescinded. 

 

B. The instant DNAD as applied affects resulting contracts supporting Department of Defense customers (i.e. Troops) only. 

 

C. Notwithstanding this DNAD, the USDA requires that fresh produce supplied via its Federal Entitlement for the USDA School Lunch 

Program must be from a domestic source. Therefore, the aforementioned DNAD does not impact or negate the Government's 

requirement for domestic produce in its contracts supporting Non-Department of Defense customers (i.e. Schools and Tribal 

Reservations). 

 

 

X. ADDITION OF NEW CUSTOMERS 

 

A. Adding Customers within the Contract's Geographic Distribution Region/Zone: 

1. After contract award, there may be instances when new customers request support of their fresh produce requirements. 

Additional DoD and/or Non-DoD federal government customers that request DLA Troop Support produce support may be 

added to the contract without any new acquisition or competition process, if the customer(s) is/are within the geographic 

distribution region/zone covered by this contract. 

2. The decision as to whether a potentially new customer is within the contract region or zone and, thus, will be added to the 

contract without further competition and at the existing contract prices, shall be the sole decision of the DLA Troop Support 

Contracting Officer. 

3. Pursuant to the above, the Contracting Officer will instruct the Contractor to include the customer(s) at the effective contract 

prices applicable to that distribution zone/region. 

B. Adding Customers outside the Contract's Geographic Distribution Region/Zone: 

1. This provision applies to the following customers: 

(a) A new DoD or Non-DoD federal customer that is deemed by the Contracting Officer to be outside the contract's geographic 

distribution region/zone. 

(b) An existing DoD or non-DoD federal customer that is deemed by the Contracting Officer to be outside the contract's 

geographic distribution region/zone but has been previously supported on a separate contract covering a geographic 

distribution region/zone. 

2. The customers described in paragraph B.1., above, and their produce requirements, may be added to any contract resulting 
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from this solicitation as follows: 

(a) In the judgment of the Contracting Officer, the customer(s) at issue is/are located in an area that is considered adjacent or 

proximal to the geographic distribution region/zone of the resulting contract. In a circumstance where the customer is 

located in an area that is adjacent or proximal to multiple existing produce contracts, the decision of which contract is most 

satisfactory to the Government for purposes of adding the customer(s) will be the sole decision of the Contracting Officer, 

taking into consideration numerous factors, including but not limited to those contained in this provision. Further, to that 

end, it is the Contracting Officer's sole decision as to which existing contractors available in the aforementioned region/zone

(s) will be solicited for the support of the customer(s). 

(i) The Contracting Officer will request complete price proposals to support the subject new customer(s), to include 

distribution and delivered prices. Prior to any customer being added to the resulting contract, the Contracting Officer 

shall determine all proposed prices to be fair and reasonable. To this end, negotiations may be required, in which the 

same processes and procedures contained within the instant solicitation may be employed. 

(b) In the judgment of the Contracting Officer, the customer(s) at issue is/are not located in an area adjacent or proximal to the 

geographic distribution region/zone of the resulting contract, and/or the anticipated customer requirement is insubstantial, 

the customer(s) will not be added. 

C. Under no circumstance may the resulting contract's maximum dollar value be exceeded with the addition of any customer(s) and 

its respective produce requirements. 

 

XI. CUSTOMER SERVICE 

 

A. Troop, USDA, and other customers conduct periodic food menu boards and similar meetings that the Contractor may be required 

to attend. At these meetings, the customers typically review their internal business practices and may request that the Contractor 

show new products, demonstrate produce preparation, and/or provide nutritional information. 

 

B. The Contractor shall provide at least one full-time Customer Service representative to maintain continuous contact with all of the 

ordering customers, as well as at least one back-up representative. 

 

C. As an industry expert, the Contractor shall assume the responsibility of introducing new FF&V items to the customers, as well as to 

show cost-effective alternatives to their current choices, if the customer so desires. (For procedures to add items, see New Items 

paragraph under the Section VI. Electronic Ordering Catalogs.) However, the decision as to which items are ultimately included in 

the Ordering Catalog are at the discretion of the customer(s) and the Contracting Officer. 

 

 

 

XII. ORDERING SYSTEMS 

 

A. Subsistence Total Order & Receipt Electronic System (“STORES”): DOD customers will order using the STORES catalog as 

applicable. The Contractor is responsible for establishing and maintaining the STORES catalog. 

 

1. Accessed via the Internet, STORES is the Government's translator/ordering system that is capable of accepting orders 

from any of the Services', i.e. Army, Air Force, Navy, or Marines, individual ordering systems and translating them into an 

Electronic Data Interchange (“EDI”) format. In addition, this information is passed to DLA Troop Support for the purposes 

of contractor payment and customer billing. 
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2. Customers will be able to order all of their requirements through STORES. The System will transmit orders to the 

Contractor and DLA Troop Support. 

 

3. The Contractor is required to interface with STORES and must be able to support the following EDI transactions: 

 

810 Electronic Invoice 

820 Payment Voucher Information 

832 Catalog (Outbound - Vendor to DLA Troop Support) 

850 Purchase Order 

861 Receipt 

997 Functional Acknowledgement 

 

Note: A complete description of these transaction sets is included in the “EDI Implementation Guidelines” and can be 

found at http://www.dla.mil/TroopSupport/Subsistence/Doing-Business-with-Sub/STORES/, click STORES and EDI 

Requirements.

 

4. The Contractor shall have access to the Internet and be able to send and receive electronic mail (email). 

 

5. Unit prices must be formatted not more than two (2) places to the right of the decimal point in all ordering catalogs. 

Standard rounding methods must be applied. For example, a price of $2.215 or higher must be rounded up to $2.22 and 

a price of $2.214 or lower must be rounded down to $2.21. 

 

6. Contractors are required to utilize the Government's item descriptions on all electronic ordering catalogs (832 

transmissions) as well as on its invoices, delivery ticket to customer and 810 invoice transaction set. 

 

7. The Contractor will utilize the DLA Troop Support invoice reconciliation process, or other such systems as may become 

available, to the maximum extent, towards the goal of correcting invoices early and facilitating the payment process. 

 

8. In the event the STORES system or the Contractor's interface is not operational, the Contractor must provide alternate 

ways for the customer to order (e.g., by fax by phone, pick up orders, etc.) Be aware that even in this situation, however, 

it is mandatory that the Contractor subsequently place the same order through STORES when it becomes operational 

again in order to effect obligation/receipt/payment. 

 

9. Public Key Infrastructure (“PKI”)/ External Certificate Authorities (“ECA”) Certificates: The Department of Defense 

(“DoD”) PKI Certificate will be required for all DoD users. A DoD PKI certificate will be required for all contractors. The 

requirement for PKI certificates is implemented in accordance with DoD security policy promoting secure electronic 

transactions. 

 

(a) Obtaining a PKI certificate: 

 

(i) Contractors who do not work on-site at a Department of Defense facility may purchase a DoD PKI certificate 

from one of three External Certificate Authorities (“ECAs”). The ECAs are vendors who provide digital 

certificates to DoD's industry partners who are using their own equipment or working in non - Governmental 

facilities. Certificate prices range from $99 - $179 per certificate per year, with volume discounts at some 

ECAs. A list of ECAs is available at the following web address: https://www.transactionservices.dla.mil/
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daashome/pki_contacts.asp . 

 

(ii) Each contractor must fully comply with the DoD requirement to implement PKI in order for our information 

systems to remain secure and viable. 

 

 

B. Fresh Fruits and Vegetable Order Receipt System (“FFAVORS”): USDA customers (School customers and Tribal Organizations) 

will utilize the FFAVORS Web catalog as applicable. The Contractor, upon award, will be provided a User ID and password to Log 

in and receive orders through FFAVORS Web, a web-based ordering system. The Contractor is responsible for establishing and 

maintaining the FFAVORS WEB catalog in accordance with the FFAVORS Web Manual (Attachment 4). 

 

1. Accessed via the Internet. FFAVORS WEB is the Government's ordering system for USDA Customers. It is capable of 

accepting orders from the schools and tribal reservations. 

 

2. Customers will be able to order all of their requirements through FFAVORS WEB. The system will transmit orders to the 

Contractor and DLA-Troop Support. 

 

3. In the event that the FFAVORS WEB system is not operational, the Contractor must provide alternate ways for the 

customer to order (e.g., by fax, by phone, pick up orders). Be aware that even in this situation, however, it is mandatory 

that the Contractor subsequently place the same order through FFAVORS when it becomes operational again in order to 

effect obligation/receipt/payment. 

 

 

XIII. ORDER PLACEMENT, LEAD TIME, and ADJUSTMENTS/CANCELLATION OF ORDERS 

 

A. The minimum order requirement for any resultant contract is $150.00. This requirement shall be based on the aggregate total of 

orders for a specific delivery date to all customers located within a particular military base or delivery location. 

 

B. Troop customers shall place their orders to accommodate at a minimum a 2-day lead time, i.e “skip day” delivery. For example, 

an order placed on Monday, September 1st would have a required delivery date of Wednesday, September 3rd. Orders may be 

placed with a longer lead time not to exceed 21 days in advance of the requested delivery date. See Attachment 2 Delivery 

Schedule. 

 

C. School and Reservation customers shall place their orders to accommodate at a minimum a 4-day lead time. For example, an 

order placed on Monday, September 1st would have a required delivery date of Friday, September 5th. See Attachment 2 

Delivery Schedule. 

 

D. All invoice pricing will be based upon the Contract Unit Price at time of order by the customer(s). Therefore, for any item ordered 

on a Friday to be delivered the following ordering period, pricing will be based upon the catalog price in effect the day of order 

(Friday in this example), regardless of whether the unit price for that item subsequently changes as part of the next ordering 

period's ordering catalog updates. 

 

E. Once submitted through the applicable electronic ordering system (i.e. STORES or FFAVORS), an order may be cancelled by a 

customer up to 24 hours before scheduled delivery via written notification to the Contractor and the Contracting Officer. Within 

less than 24 hours from delivery, an order may be cancelled by mutual agreement between the customer and the Contractor. In 

the event of an act of God, such as extreme weather, the specific situation regarding a cancelled delivery will be dealt with in an 

equitable manner by the Contracting Officer, who has the ultimate authority and discretion to resolve said issues. 
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F. Adjustments - For procedures discussing adjustments to order, refer to Attachment 4 (FFAVORS and STORES manuals). 

 

 

XIV. ITEM AVAILABILITY 

 

A. Contractors must have the ability to provide to the customers a wide range of FF&V items in sufficient quantities to fill all customer 

requirements and maintain the overall 98% contract fill rate. All supplies shall be delivered on a “fill or kill” per line item basis (i.e. 

If a Contractor cannot fill a line item, the line item dies). Therefore, item substitutions are not authorized. 

 

B. Contractors shall notify the customer within 24 hours (for Troop customers) or within 72 hours (for School or Reservation 

customers) of required delivery date/time of the non-availability of any particular ordered item, whether in whole or in part. The 

customer may choose to replace the non-available item with another item from the contract catalog by placing a new, separate 

order for the item in STORES or FFAVORS, as applicable. Assuming the proper procedure is followed, this circumstance (i.e. 

replacement of a not in stock “NIS” item with a separate order for another catalog item) will not negatively impact a Contractor's fill 

rate. 

 

 

XV. REPACKAGING & SPLITTING OF CASES 

 

A. For some items, DLA customers, particularly School and Tribal Reservations, may require smaller pack sizes than are commonly 

available in the commercial marketplace. Such items are included in the instant Schedule of Items and may be added at a later 

date during contract performance. It is incumbent on the Contractor to determine how it will supply these items in accordance 

with the required pack sizes. In so doing, the Contractor may decide to split cases and repackage product at its own facility. 

 

B. Splitting cases and repackaging product, as described in the preceding paragraph, do not constitute processing, and, therefore, do 

not meet the conditions of a private label holder, as defined in Section VII. Accordingly, the Contractor is prohibited from 

including any costs associated with its own in-house splitting of cases and repackaging product in the Contractor's Delivered 

Price. Instead, the costs associated with in-house splitting cases and repackaging product must be included in the Contractor's 

Distribution Price. 

 

 

XVI. PACKAGING, PACKING, LABELING, AND MARKINGS 

 

A. All labeling, packaging and packing shall be in accordance with good commercial practice. Shipping containers shall comply with 

the National Motor Freight Classification and Uniform Freight Classification Code. 

 

B. To ensure that the carrier and the receiving activity properly handle and store items, standard commercial precautionary markings 

such as “KEEP REFRIGERATED” shall be used on all cases when appropriate. 

 

C. Protection during inclement weather is required. All products that are susceptible and sensitive to temperature must be protected 

by any means to prevent damage. 

 

 

XVII. DELIVERY INSTRUCTIONS 

 

A. Contractors shall ensure all products are delivered in sanitary trucks that are of a commercially acceptable standard. All delivery 

trucks must be equipped with a lift gate to expedite the offloading of products. Trucks shall maintain proper temperatures in 

accordance with standard commercial practices. Deliveries shall be FOB Destination to all delivery points. Delivery will be 

completed when the Contractor has unloaded the order(s) from the vehicle and placed them on the dock, and customer receiving 
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personnel has accepted the delivery ticket, in accordance with Section XVIII below. All items will be delivered to customer 

locations free of damage and with all packaging and packing intact. The Contractor shall remove all excess pallets used for 

delivery from the delivery point. See Attachment 2 Delivery Schedule. 

 

B. Customers' delivery schedules (days and times), routes, and stop-off sequences will be coordinated and verified with the 

customers on a post-award basis by the Contractor immediately following award and on an annual basis as required. At a 

minimum, each Troop customer receives three deliveries per week and each School (and Reservation, if applicable) customer 

receives one delivery per week. However, these schedules may be revised as necessary on a case-by-case basis at the approval 

of the Contracting Officer 

 

C. Products for individual customers/dining facilities must be segregated. Many of the military bases have more than one delivery 

point. All products shall be palletized and segregated by drop-off point and loaded into the delivery vehicle in reverse drop 

sequence. The intent is to provide expeditious off-loading capability and delivery to the customers. 

 

D. The Contractor shall ensure that the personnel loading and delivering the product provide professional, prompt, and efficient 

service to the customer. Failure to adhere to these standards will be reported to the Customer Representative and the 

Contracting Officer by the affected customer(s) whereby appropriate corrective action will be coordinated with the Contractor. 

 

 

XVIII. INSPECTION AND ACCEPTANCE 

 

A. Inspection and acceptance of products will be performed at destination. The inspection is normally limited to identity, count and 

condition; however, this may be expanded if deemed necessary by either the military Veterinary Inspector, Dining Facility 

Manager, Food Service Advisor/Officer, or the Contracting Officer. Delivery vehicles may be required to stop at a central location 

for inspection before proceeding to the assigned delivery point(s). In addition, the delivery vehicles will be inspected for 

cleanliness and condition. Supplies transported in vehicles that are unsanitary, or which are not equipped to maintain prescribed 

temperatures, may be rejected without further inspection. Failure to identify latent defects or similar issues at time of acceptance 

will not absolve the Contractor of its liability or preclude the customer from obtaining appropriate remedy upon the timely discover 

of said defects or issues after-the-fact. In this circumstance, the customer shall notify the Customer Representative who will 

coordinate with the Contracting Officer in seeking an appropriate resolution. 

 

B. The authorized Government receiving official at each delivery point is responsible for inspecting and accepting products as they 

are delivered. The delivery ticket shall not be signed prior to the inspection of each product. All overages/shortages/returns are to 

be noted on the delivery ticket by the receiving official and truck driver. The authorized Government receiving official's signature 

and printed name on the delivery ticket is required for acceptance of the product. All signatures MUST be legible along with a 

printed name and title block. Failure to adhere to this requirement may result in disputes against the Contractor. 

 

C. Delivery Ticket and related information. No electronic invoice may be submitted for payment until acceptance is verified. 

 

1. Troops: The Contractor shall provide three copies of the delivery ticket with the shipment. The first copy is provided to 

the receiving official (i.e. the customer) who will use the delivery ticket as the new receipt document. The second copy 

will be retained by the Contractor (or its agent) for invoicing and the final copy will be forwarded (Either as the driver 

leaves the base or faxed/emailed with 24 hours of delivery) to the Logistics Center “LC” or Industrial Supply Center “ISC” 

located at the prospective Base. 

 

2. Schools/Tribal Reservations: The Contractor shall provide two copies of the delivery ticket with the shipment. The first 

copy is provided to the receiving official (i.e. the customer) who will use the delivery ticket as the new receipt document. 
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The second copy will be retained by the Contractor (or its agent) for invoicing. 

 

 

 

 

XIX. AUTHORIZED RETURNS 

 

A. The Contractor shall accept returns under the following conditions: 

 

 1. Products shipped in error. 

 2. Products damaged in shipment. 

 3. Products with concealed or latent damage. 

 4. Products that are recalled. 

 5. Products that do not meet shelf life requirements. 

 6. Products that do not meet the minimum quality requirements as defined for the items listed in the schedule. 

 7. Products delivered in unsanitary delivery vehicles. 

 8. Products delivered that fail to meet the minimum/maximum specified temperature. 

 9. Quantity excess as a result of catalog error by the Contractor. 

 10. Products that are not from a sanitarily approved source. 

11. Products that do not comply with DFARS 252.225-7012 Preference for Certain Domestic Commodities (Berry Amendment), 

if no exception to this clause is applicable (see DNAD explanation above). 

12. Any other condition not specified above that is deemed by the customer to be valid reasons for return, confirmed by the 

Contracting Officer within his/her discretion. 

 

 

XX. REJECTION/RETURN PROCEDURES 

 

A. In the event an item is returned for any of the reasons cited in Section XIX., the delivery ticket/invoice shall be annotated as to the 

item(s) rejected/returned. These items shall then be deducted from the delivery ticket/invoice. The invoice total must be adjusted 

to reflect the correct dollar value of the shipment. Replacements will be authorized based on the customer's needs. On an asneeded basis determined by customer need, same day re-delivery of items that were previously rejected shall be made, so that 

the customer's food service requirements do not go unfulfilled for that day. The re-delivered items will be delivered under a 

separate invoice utilizing the same call number, contract line item number, and purchase order number for the discrepant line. 

These re-deliveries will not constitute an emergency order requirement. 

 

B. In the event a product is rejected after initial delivery is made, the Contractor will pick up the rejected product or make other 

disposition arrangements deemed acceptable by the customer. Credit due to the ordering activity as a result of the rejected 

product being returned, will be handled through a receipts adjustment process in STORES or FFAVORS, as applicable. If the 

Contractor has already been paid for the product, a claim will be issued through DLA TROOP SUPPORT's financial system and 

the Contractor shall promptly pay the claimed amount. In all cases, one (1) copy of the credit memo is to be given to the customer 

and one (1) copy of the credit memo is to be sent to the DLA TROOP SUPPORT Contracting Officer. 

 

C. It is a requirement of this solicitation that product shall be inspected upon receipt as promptly as practicable. However, failure to 

promptly inspect or accept supplies shall not relieve the contractor from responsibility, nor impose liability on any of the customers, 

for nonconforming supplies. See clause 52.212-4, paragraph (o) and addendum to clause 52.212-4, paragraph 1.

 

 

XXI. INVOICING 

 

A. Each delivery will be accompanied by the Contractor's delivery ticket/invoice. The customer shall sign all copies of the invoice/
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delivery ticket. Any changes must be made on the face of the delivery ticket/invoice; attachments are not acceptable. See 

Section XVIII, para. C. 

 

B. No paper invoices shall be submitted to DFAS for payment. For all orders placed via STORES and sent via EDI transaction set 

850, invoicing for payment is to be filed electronically using EDI transaction set 810 (see https://www.troopsupport.dla.mil, Select 

supply chains: Select Subsistence, Select Information: Select Stores & EDI Requests for EDI guidelines). 

 

C. For all orders downloaded via USDA's customer ordering website FFAVORS web, invoicing for payment shall be done via invoice 

link from FFAVORS web homepage, http://www.fns.usda.gov/fdd/ffavors.htm. 

 

D. All invoices submitted by the Contractor must be “clean”, i.e. all debits and/or credits must be reflected on the invoice prior to its 

submission. The Contractor is required to ensure the accuracy of its invoices. The Reconciliation Tool in STORES and/or 

Invoicing Tool in FFAVORS Web provides the Contractor the ability to ensure said accuracy. 

 

E. All internal debit/credit transactions must be completed prior to the submission of the invoice. Invoice lines that do not 

contain the correct invoice data and/or contain incorrect quantities delivered or prices charged will be rejected. The Contractor will 

be responsible for correction and re-submission. 

 

F. The same invoice cannot be submitted with different dollar amounts. 

 

G. The 810 invoices do not go through a testing phase. The Contractor immediately begins sending its invoices in once it has 

successfully sent its first 850 purchase order. 

 

H. Any manually keyed, or emergency, orders must contain the word “Emergency” in the Purchase Order field when the invoice is 

submitted for payment. In addition, the CALL number and contract line item number (CLIN) will be entered as “9999” on the 

invoice. Failure to follow this procedure may result in the rejection of the Contractor's invoice. 

 

I. For catch weight items, standard rounding methods must be observed, i.e. less than .5 is rounded down; greater than or 

equal to .5 is rounded up. All weights must be rounded to whole pounds using standard rounding methods. Any line 

submitted for other than whole numbers will be rejected and require correction and re-submission by the Contractor. Note: 

Currently, no catch weight items apply to this Solicitation. This does not preclude the possibility that catch weight items may be 

added in the future for certain items. 

 

J. Unit prices and extended prices must be formatted not more than two (2) places to the right of the decimal point. Standard 

rounding methods must be applied. For example, a price of $2.215 or higher must be rounded up to $2.22 and a price of $2.214

or lower must be rounded down to $2.21. 

 

K. Although invoices must be submitted electronically via an 810 Electronic Invoice; the following address must appear in the “Bill To” 

or “Payment Will Be Made By” block of the Contractor's invoice. 

 

DFAS - Columbus Center (SL4701) 

Attn: DFAS-BVDP 

P. O. Box 369031 

Columbus, OH 43236-9031 

 

Each invoice shall contain sufficient data for billing purposes. This includes, but is not limited to: 
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1. Contract Number 

2. Call or Delivery Order Number 

3. Purchase Order Number 

4. DoD Activity Address Code (DODAAC) 

5. Contract line item numbers (CLINs) listed in numeric sequence (CLIN order) 

6. Item nomenclature 

7. Local Stock Number (LSN) or National Stock Number (NSN), as applicable 

8. Quantity purchased per item in DLA Troop Support's unit of issue 

9. Total dollar value on each invoice (reflecting changes to the shipment, if applicable) 

 

L. Invoice transactions may be submitted to DLA Troop Support daily. All internal debit/credit transactions must be completed prior to 

the submission of the invoice. Invoice lines that do not contain the correct invoice data and/or contain incorrect quantities 

delivered or prices charged will be rejected. The Contractor will be responsible for correction and re-submission. 

 

M. Invoice Reconciliation. The following tools have been developed to provide an additional method for the Contractor to ensure the 

accuracy of its own internal accounting process. 

 

1. For STORES: Vendor Reconciliation Tool - In an effort to improve the payment process, Contractors are required to view 

what the customer has or has not receipted via the DLA Troop Support STORES website: https://www.stores.dla.mil/

stores_web/Admin_Logon.aspx. The Contractor will have access to “un-reconciled” information, i.e., the invoice does not 

match the receipt because of the quantity and/or price discrepancy or because the customer has not posted a receipt. Both 

invoice information and receipt information will be available for review on the website by the Contractor. While the 

Contractor will not have the capability to update customer receipt information, update capability will be available for unreconciled invoice information for 120 days. It is the Contractor's responsibility to ensure accurate invoices. 

 

2. For FFAVORS: Invoicing Tool - In an effort to improve the payment process, Contractors are required to view what the 

customer has or has not receipted via the USDA FFAVORS website: http://www.fns.usda.gov/fdd/fresh-fruits-andvegetables-order-receipt-system-ffavors The Contractor will have access to “un-reconciled” information, i.e., the invoice does 

not match the receipt because of the quantity and/or price discrepancy or because the customer has not posted a receipt. 

Both invoice information and receipt information will be available for review on the website by the Contractor. It is the 

Contractor's responsibility to ensure accurate invoices. 

 

XXII. PRICE AUDITS 

 

A. Price Audits. Contractors are advised that the Government may conduct price verification analysis of the Contractor's performance 

on the resulting contract in the following manner: 

 

1. At the Contracting Officer's discretion, an internal Price Verification Team in conjunction with the Contracting Officer may 

require the Contractor to provide copies of specific invoices from suppliers, as defined in the EPA provision of this 

Solicitation, covering up to 100 items that were included on the catalog at a given time. 

 

2. The Price Verification Team will request the above documentation in writing and the Contractor will have thirty (30) days after 

the request to furnish the documentation. 

 

3. A report of overcharges and undercharges (if applicable) will be forwarded to the Contractor, and the Contractor may be 

required to pay the Government for the net amount owed for overcharges. The Government reserves all rights and remedies 
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provided by law or under the contract in addition to recovering any overcharges. Undercharges will be evaluated by the 

Contracting Officer on a case-by-case basis consistent with other terms and conditions of the instant Solicitation. 

 

1. The Government may elect to expand / reduce the scope of the price verification analysis, and frequency of future 

analyses, as deemed appropriate by the Contracting Officer. 

 

B. The Government reserves the right to conduct additional price audits as necessary in the opinion of the Contracting Officer to verify 

price accuracy and potentially recoup any overcharges. In such instances, the Contractor will be required to submit invoices and 

any other supporting price documentation that the Contracting Officer deems appropriate. 

 

XXIII. FILL RATE 

 

A. Order fill rates shall be calculated by the Contractor on an on-time, per order basis and tracked for monthly submission to the 

Contracting Officer/Account Manager. To ensure accuracy in the Contractor's reported fill rates, the Government will utilize its 

own internal data for comparison purposes. The fill rate shall be calculated as follows and shall not include mis-picks, damaged 

cases or rejected items (No other method of calculating fill rate will be accepted):

 

Cases accepted * 100 = fill rate %

Cases ordered 

 

B. Definitions:

 

1. Cases Accepted: Product that the customer has received and receipted not including damaged cases, rejected items, 

or mis-picks. 

 

2. Cases Ordered: Product ordered by a customer through STORES or FFAVORS. 

 

C. Contractor is required to maintain at a minimum a 98.0% fill-rate. 

 

D. The Contractor will submit a monthly report, by customer, to the DLA Troop Support Contracting Officer with the following 

information: 

 

1. Fill Rate 

2. List of all items that were Not in Stock, Returned, Damaged, and/or Mis-picked. 

 

 

XXIV. HOLIDAYS 

 

A. All orders are to be delivered on the specified delivery date, except for Federal holidays, as outlined below. When a scheduled 

delivery day falls on one of these days, or one designated by your firm, delivery should occur on the next business day, unless 

otherwise agreed to by the customer. 

 

New Year's Day Labor Day 

Martin Luther King Jr's Birthday Columbus Day 

Presidents' Day Veterans Day 

Memorial Day Thanksgiving Day 

Juneteenth Christmas Day 

Independence Day 
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B. Note: Holidays falling on a Saturday are normally observed on the preceding day (Friday); holidays falling on a Sunday are 

normally observed on the following day (Monday). 

 

 

XXV. EMERGENCY ORDERS 

 

A. Troop requirements can accelerate and surge during wartime, civil emergencies, natural disasters, adverse weather or other 

conditions. Therefore, last minute ordering may take place as necessary to fulfill customers' requirements. 

 

B. For Troop customers only, the Contractor will provide up to one emergency order per month per customer at no additional cost to 

the Government. As specified by the customer, all emergency order(s) for supplies must be same day or next day. Expeditious 

fulfillment of the emergency requirement is imperative. Unless otherwise noted by the Contractor, the Contractor's Tailor Vendor

Logistics Specialist (“TVLS”) or Customer Service Representative (“CSR”) will be the point of contact for emergency orders, and 

will vet the appropriateness of such a request. 

 

XXVI. FOOD DEFENSE 

 

A. DLA Troop Support Subsistence Directorate provides world-wide subsistence logistics support during peace time as well as during 

regional conflicts, contingency operations, national emergencies, and natural disasters. At any time, the United States 

Government, its personnel, resources and interests may be the target of enemy aggression to include espionage, sabotage, or 

terrorism. This increased risk requires DLA Troop Support to take steps to ensure measures are taken to prevent the deliberate 

tampering and contamination of subsistence items. The Contractor must ensure that products and/or packaging have not been 

tampered with or contaminated throughout the growing, storage, and delivery process. The Contractor must immediately inform 

DLA Troop Support Subsistence of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or 

contaminate subsistence supplies. 

 

B. As the holder of a contract with the Department of Defense, the Contractor should be aware of the vital role it plays in supporting 

the Agency's customers. It is incumbent upon the Contractor to take all necessary actions to secure product delivered to all 

military customers, as well as any applicable commercial destinations. 

 

 

C. Accordingly, the Contractor shall submit a Food Defense Plan prior to the start of performance under any resultant contract to

describe what steps it has taken and will take to prevent product tampering and contamination. The Contractor will also describe 

what steps have been or will be taken that relate to overall plant security and food safety. The Contractor must describe in detail

the types of measures in place or scheduled to be put in place for the performance period of this contract. (NOTE: to download a 

copy of the DLA Troop Support Food Defense Checklist please go to the following website: http://www.dla.mil/Portals/104/

Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/food_defense_check.pdf or contact the applicable Contracting 

Officer or the DLA Troop Support Quality Audits & Food Defense Branch). Contractors should include specific security measures 

relating to, but not limited to, the following areas: 

 

1. Employee Identification 

2. Background checks where applicable 

3. Control of access to plant facility, gates and doors at the facility 

4. Internal Security 

5. Training and security awareness 

6. Product Integrity 

7. Transportation Security 

D. The DLA Troop Support Produce Quality Audit Team will review Food Defense during Produce Quality Audits / Quality Systems 

Managements Visits (QSMVs), as part of the USDA-AMS Good Agricultural Practices (“GAP”) & Good Manufacturing Practices 

(“GMP”) Audits (http://www.ams.usda.gov/services/auditing/gap-ghp), to verify the implementation, compliance and effectiveness 

of the firm's Food Defense Plan/Program. 

 
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XXVII. PRODUCT QUALITY 

 

A. Pathogens: The Contractor will use prevailing commercial practice for testing of pathogens including, but not limited to, E. Coli, 

Listeria Monocytegenes, Salmonella, Shigella, and Coagulase Positive Staph Aureus. 

 

B. Shelf-life: All products delivered shall be as fresh as possible and within the Growers/Packers' original shelf life (i.e., Best if Usedby-Date, Expiration Date, or other markings). Applicable products shall be identified with readable open code such as “BestUsed-by- Date”, “Sell-by-Date”, date of production, or similar marking indicating the end of the guaranteed freshness date. In 

addition, the Contractor must comply with the following shelf-life requirements for fresh-cut fresh fruits and vegetables, ready-toeat salads, cole slaw, etc.: 

 

1. Individual bags/containers must be marked with a 14-day shelf life from the date of production. All products must be 

received by the customer with at least 50% of recommended shelf life remaining. If the manufacturer-recommended 

shelf life is less than 14 days, the Contracting Officer must be notified in advance and approve the shelf-life. Any 

deviation from these requirements must be approved prior to customer delivery, in writing, by the Contracting Officer. 

 

C. Shell Eggs: Shell eggs must comply with the Federal Food, Drug, and Cosmetic Act (“FFDCA”) 21 CFR Part 100 - 169. Facility 

and product shall also comply with other applicable State, Federal regulations applicable to product or facility (21 CFR 115.50 (b) 

(2)], 7 CFR, Part 56 US Standards, Grades, and Weight Classes for Shell Eggs (AMS 56), GMPs, etc.). Shell eggs must originate 

from a sanitarily approved source as indicated in the contract. Joint Government (DLA Troop Support /USDA-AMS) Sanitation 

and Food Defense Audits will be performed during DLA Produce Quality Audits/QSMVs or other visits by DLA Troop Support 

Quality Auditors and USDA-AMS Auditors as deemed appropriate. 

 

1. Temperature Requirements: All refrigerated storage areas and transport ambient temperatures for shell eggs cannot 

exceed 45 degrees Fahrenheit. 

 

2. Markings/Labeling Requirements: For cartons (6-Eggs, 12-Eggs, 18-Eggs, etc.) and loose pack (a flat which contains 30-

Eggs per flat), both of which are packed into a 15 or 30-dozen case, should have the USDA Grademark (shield) on the 

cartons. Shell egg cases/shipping containers must be stamped with the USDA Grade AA or A stamp (depending on the 

declared quality). A copy of the Grading Certificate (Form, PY-210S) shall be provided with the shipment of shell eggs 

upon customer request, during DLA Troop Support Quality Audits, or as requested by the Contracting Officer. Shipping 

containers/cases shall be marked/labeled with Plant Name, Address, Date of Pack, expiration (expiration not to exceed 

30 days from day eggs were packed in cartons), Size Identification, quantity, Grade, etc.). 

 

3. Shelf Life: Shell eggs shall have a minimum of 14 days' shelf life remaining when delivered to DLA customers, unless 

otherwise authorized by Contracting Officer and the customer. 

 

D. Commercial standards shall be used to maintain temperatures appropriate for individual produce items during storage and delivery 

to DLA Troop Support customers. 

 

1. Level of Product Quality: 

 

(a) When designating an item as a match for the DLA item in the Schedule of Items listed in the instant Solicitation, 

the item must be: 

 

(i) Identical in respect to packaging when the DLA unit of issue is not described by weights (e.g. pound or 
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ounce). 

(ii) Equivalent in respect to grade or fabrication. 

 

All items must meet or exceed the Government's item description of their assigned Government stock number and the specified 

US Grade. 

 

XXVIII. QUALITY PROGRAM 

 

A. A Manufacturer, Grower/, Private Label Holder or Redistributor selection or certification program shall be used to ensure 

standardized product quality for each item supplied and/or listed in the stock catalogs, regardless of supplier. The product quality

shall be equal to that described in the pertinent item specification and/or specified US Grade Standard. 

 

B. The Contractor shall develop and maintain a quality program for the product acquisition, warehousing, and distribution to assure 

the following: 

 

 1. Standardized product quality. 

2. Wholesome product by veterinary standards. 

3. The usage of First-In, First-Out (“FIFO”) principles and/or First-Expired, First-Out (“FEFO”). 

4. Product shelf life managed and monitored (by date of pack/production of the item). 

5. Items are free of damage. 

6. Correct items and quantities are selected and delivered. 

7. Ensure requirements of the Berry Amendment are met, when applicable. 

8. Customer satisfaction is monitored. 

9. Product discrepancies and complaints are resolved and corrective action is initiated. 

10. Supplier, Food and Drug Administration (FDA), or DoD initiated food recalls are promptly reported to customers and DLA 

Troop Support Contracting Officer. 

11. Compliance with Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) 

 requirements. 

12. Distressed or salvaged items or products shall not be used. 

13. Applicable food products delivered originate from a source listed as a Sanitarily Approved Food Establishment for Armed 

Forces Procurement and/or listed in the USDA-AMS Good Agricultural Practices (“GAP”) Verification Directory or the 

USDA-AMS Good Manufacturing Practices (“GMP”) Verification Directory for fresh fruits and vegetables, as applicable. 

Bulk Fresh fruits and vegetables suppliers must be inspected and listed under the USDA-AMS GAP and/or the GMP 

Directory. 

14. Hazard Analysis and Critical Control Point (“HAACP”) protocol, if applicable. 

15. Commercial standards are used to maintain temperatures appropriate for individual items. 

 

C. The Contractor shall, for all places of performance, maintain a USDA GAP/GHP certificate AND be listed in the USDA-AMS GAP 

or GHP Verification Directory for a full range of fresh fruits and vegetables throughout the period of contract performance. The 

USDA GAP/GHP certificate must demonstrate a passing score, and specifically passing with respect to the following parts: 

General, Wholesale Distribution (6) and Preventive Food Defense (7). Failure to obtain and maintain a USDA GAP/GHP 

certificate will be considered a breach of contract. Further information, including inspection requirements, can be found at https://

www.ams.usda.gov/services/auditing/gap-ghp. 

 

 

XXIX. WAREHOUSING AND SANITATION PROGRAM/STORED PRODUCT PEST MANAGEMENT 

 

A. The Contractor shall develop and maintain a sanitation program and a stored product pest management program for food and 
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other co-located non-food items that comply with industry standard programs such as the Code of Federal Regulations, Title 21, 

part 110, Food Manufacturing Practices, the Federal Insecticide, Fungicide and Rodenticide Act, as well as all pertinent state and 

local laws and regulations. Records of inspections performed by the Contractor, its subcontractor, or other recognized industry 

association hired by the Contractor shall be maintained and made available to the Government at the Contracting Officer's 

request. Any findings by the Contractor or its agent documenting a critical sanitation deficiency shall be reported immediately to 

the Contracting Officer with an attached report of corrective action. 

 

XXX. PRODUCT SANITARILYAPPROVED SOURCE REQUIREMENTS AND SANITARY CONDITIONS 

 

A. Applicable food products (food products include bulk fresh fruits and vegetables), including pre-cut and packaged fruits, 

vegetables and salads, mushrooms, sprouts, etc., delivered to customers listed in this solicitation, as well as any customer added 

at a later date, shall originate either from an establishment (this includes suppliers/subcontractors or direct farm deliveries) listed 

in the "Directory of Sanitarily Approved Establishments for Armed Forces Procurements" or one which has been inspected under 

the guidance of the United States Department of Agriculture (“USDA”). The USDA Guidance for fresh fruits and vegetables is the 

USDA-AMS Good Agricultural Practices (“GAP”) Verification Directory or the USDA-AMS Good Manufacturing Practices (“GMP”) 

Verification Directory for fresh fruits and vegetables, as applicable. Bulk Fresh fruits and vegetables suppliers must be inspected 

and listed under the USDA-AMS GAP and/or the GMP Directory. 

B. Food Establishments. 

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

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

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

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

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

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

sanitarily approved establishment when required. Accordingly, the supplier agrees that, except as indicated in paragraphs 

2 and 3 below, products furnished as a result of this contract will originate only in establishments listed in the U.S. Army 

Public Health Command (USAPHC ) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for 

Armed Forces Procurement, (Worldwide Directory) (available at http://phc.amedd.army.mil/topics/foodwater/ca/Pages/

DoDApprovedFoodSources.aspx). Compliance with the current edition of DoD Military Standard 3006A, Sanitation 

Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers 

also agree to inform the Contracting Officer immediately upon notification that a facility is no longer sanitarily approved 

and/or removed from the Worldwide Directory and/or other Federal agency's listing, as indicated in paragraph 2 below. 

Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated. 

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

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

listing is provided in Appendix A of the worldwide directory. 

(i) Shell eggs may be supplied from establishments listed in the USDA, Agriculture Marketing Service (AMS) search 

engine results. The search engine can be found at https://apps.ams.usda.gov/plantbook/Query_Pages/

PlantBook_Query.asp

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: https://armypubs.army.mil/epubs/

DR_pubs/DR_a/pdf/web/r40_657.pdf ) For the most current listing of exempt plants/products, see the Worldwide 
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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. 

C. 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. 

 

XXXI. QUALITY SYSTEMS MANAGEMENT VISITS & PRODUCE QUALITY AUDITS 

 

A. See manuals in Attachment 5. 

 

XXXII. RECALL PROCEDURES REQUIREMENTS 

 

A. In the event that a product recall is initiated by the USDA, the Contractor, or the Contractor's supplier or manufacturer, the 

Contractor shall follow the procedures as outlined below: 

 

1. Immediately notify the following personnel: 

 

(a) Customers that have received the recalled product. 

(b) DLA Troop Support Contracting Officer. 

(c) DLA Troop Support Account Manager. 

(d) DLA Troop Support Customer Safety Officer at (215) 737- 2922. 

 

2. Provide the following information to the DLA Troop Support Consumer Safety Officer: 

 

(a) Reason for recall 

(b) Type of recall, i.e., Type I, II or III. 

(c) Description of product. 

(d) Amount of product. 

(e) List of customers that have received product. 

(f) Name and phone number of responsible person (Recall Coordinator). 

 

3. The Contractor shall provide a Final Status Report of Recall, when completed, to the DLA Troop Support Consumer 

Safety Officer. 

 
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4. At the discretion of the affected customers, the Contractor shall either replace at no additional cost or adjust the invoice 

quantity for any recalled product. 

 

B. In the event of a DoD All Food and Drug Acts (“ALFOODACT”) notification resulting from a product recall, the Contractor shall 

provide the following information within 72 hours after recall notification (ALFOODACT) to their Contracting Officer (KO), 

Contracting Specialist, Tailored Vendor Logistics Specialist (TVLS) and/or Contracting Officer Representative (COR). Additionally, 

this information will be sent to the DLA Troop Support Subsistence Food Safety Office at dscpconssafofc@dla.mil: 

 

1) ALFOODACT 201X-XXX 

2) DLA Contract Number: 

3) Unit of Measure: 

4) Quantity Currently in Stock: 

5) List of customers that received product AND (a-h) for each customer: 

 

 a. Customer name and location: 

 b. DLA Purchase Order Number: 

 c. Vendor Invoice Number: 

 d. Item Stock number (LSN, NSN): 

 e. Quantity Shipped: 

 f. Date Shipped: 

 g. Value of Affected Product: 

 h. Amount of credit due: 

 

 

XXXIII. PERISHABLE AGRICULTURAL COMMODITIES ACT (“PACA”) LICENSE 

 

A. All offerors must possess a valid PACA license at the time they submit their initial proposals. Proof of a current, valid PACA 

license must be submitted with the offeror's proposal or the offer may be deemed technically unacceptable and removed from 

further award consideration. See Addendum to FAR 52.212-2 for further details regarding this proposal submission requirement. 

Additionally, upon award, the Contractor must maintain a valid PACA license throughout the life of the contract. Failure to do so 

may result in termination of the contract. 

 

XXXIV. NON-COMPETE PROVISION 

 

A. The offeror warrants that upon receiving the award, it will not actively promote, engage, or market any of the customers on this 

acquisition away from the resultant DLA Troop Support contract and onto a fresh fruits and vegetable subsistence contract or 

account of any other Government agency or commercial entity. This prohibition is in effect during the life of the resultant contract 

and restricts competition in the specific area or zone that is the subject of this acquisition. A violation of this term may result in the 

Contracting Officer terminating the contract, documenting this action as part of the awardee's past performance data, and taking 

other appropriate recourse as permitted by contract or applicable regulations and law. 

 

XXXV. LOCAL PURCHASE (SCHOOLS/TRIBAL RESERVATIONS) 

 

 

A. DLA Troop Support and the USDA support the use of local purchase to the maximum extent practicable. Therefore, Contractors 

are encouraged to source local produce taking into consideration price, availability, quality, and other factors. 

 

B. For purposes of this Solicitation, “local purchase” is defined as product purchased from growers or manufacturers within the state 

the customer is located, within the contract zone, or from a state bordering the state in which the customer is located. 
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C. For contracts using FFAVORS catalogs, Contractors are required to include state of origin information for all products in the 

FFAVORS catalog. FFAVORS includes a data field for this purpose. 

 

D. Within 45 days after contract award, the successful Contractor(s) for schools and/or tribal reservations will submit to the 

Contracting Officer a Local Purchase Procurement plan which will include the following elements: 

 

1. A list of specific items that the contractor currently purchases locally; 

2. A list of local growers from which the contractor sources product; 

3. Plans to expand the purchase of local items; and 

4. A list of resources that might assist in efforts to source more local products. 

 

E. Contractors may be required to attend information sessions related to local sourcing and promotion of local products. 

 

 

XXXVI. MANAGEMENT REPORTS 

 

A. The Contractor shall electronically transmit the following reports to the DLA Troop Support Contracting Officer and Account 

Manager on a monthly basis. All reports shall be cumulative for a one (1) month period and submitted no later than the seventh 

day of the following month (e.g., for the reporting period of January 1 through January 31, the reports must be received by 

February 7). 

 

1. Product Line Listing (Manufacturer, Grower, Private Label Holder and Redistributor, collectively referred to as “Supplier”): 

This report shall list all items purchased along with quantity and dollar value. It shall be sorted by Supplier and annotate 

whether the Supplier is a large business or small business and whether the Supplier is local or non-local. 

 

2. Fill Rate Report: The fill-rate is calculated by dividing the number of cases accepted by the customer by the number of 

cases ordered. No other method of calculating fill rates should be included. Mis-picks and damaged or rejected cases 

should not be included in this calculation. The report should specify fill rates per customer and an overall average fill-rate 

for all customers under the contract for the month being reported. 

 

3. Rebates, Discounts, Allowances and Other Economic Incentives (collectively referred to as “Incentives”): 

 

(a) All incentives for the prior month (i.e. the month being reported) that have been passed along to the 

customer(s) or that are due to the customer(s) shall be summarized by listing each customer and the 

incentive amount per line item. Also include the Supplier (see definition in section A.1. above) offering the 

incentive and the product usage. The total should be per customer and per order. 

 

(b) Also, the Contractor must report on any and all financial arrangements under which the Contractor: (i) 

receives money from any of the Contractor's suppliers, and (ii) asserts that such money is not an incentive 

that is owed to the Government under the terms of this solicitation and the resulting contract. The 

Contractor must report the name of each supplier that provided money to the Contractor during the month, 

a brief description of each financial arrangement, and, the respective dollar amount received for each 

financial arrangement. If a new financial arrangement (i.e. an arrangement that was not previously 

provided in the Contractor's proposal under this solicitation) is reported, then the monthly report must also 

explain why the Contractor believes that the new financial arrangement should not be considered an 
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incentive that would be owed to the Government under the terms of the resultant contract. This 

explanation is not required in the monthly report if the explanation was previously provided with the 

Contractor's proposal under this solicitation. 

 

(c) The above reports shall be prepared in documents that include the Contractor's own letterhead. Said 

reports shall be signed by the appropriate official within the Contractor's organization holding the requisite 

authority to bind the Contractor and act on its behalf for purposes of this reporting. By signing such 

reports, the Contractor certifies that it understands the reporting requirements, that it understands the 

relevant contractual terms and conditions, and that the information provided is true and accurate. 

 

 

4. DNAD: On a monthly basis, the Contractor shall create and electronically transmit an excel spreadsheet to the 

Contracting Officer with the stock number, item description, case count, pounds, and dollar value of non-domestic orders 

filled during the month. All subsequent reports shall be cumulative for a one (1) month period and submitted no later than 

the seventh day of the following month (e.g. for the reporting period of June 1 through June 30, the report must be 

received by July 7). The Contractor shall code the EDI 832 Ref 03 (Foreign Source Indicator) with “Y” for each item that 

is foreign product and “N” for each item that is not foreign product. NOTE: The DNAD report is required only for Troop 

contracts because the Contractor is prohibited from providing any non-domestic products under the USDA contracts (i.e. 

contracts supporting School/Tribe customers). 

 

5. Financial Status Reports: In order to help track timely payments, an accounts receivable report shall be submitted on a 

monthly basis, at a minimum. Many Contractors elect to submit this report, in the form of a spreadsheet, on a weekly 

basis. The report should contain: customer identification, invoice number, call number, invoice amount, amount paid, 

credit adjustments, and balance due. This information is necessary to help alleviate payment problems as soon as 

possible. However, the submission of this report does not relieve the Contractor's responsibility to monitor the STORES 

Reconciliation tool, as detailed in section XXI. 

 

6. Customer Service Report: The Contractor shall develop and provide a report summarizing all discrepancies, complaints 

and all positive feedback from ordering activities and the respective resolutions by providing details of each customer 

service incident, including any customer service visits. 

 

7. Descending Dollar Value Report: Sorted by line item; each line is to contain, at a minimum: DLA Troop Support stock 

number, Item Description, pack or size, brand description, quantity, and total dollar value of units shipped. Dollar 

amounts will be totaled. This report shall be submitted by individual customer accounts and also by the total customer 

base in each zone. 

 

 

B. The Contractor will also submit an annual report on the status of its performance regarding its Local Purchase Plan. The report will 

enable DLA and its customers to provide assistance as needed in identifying local sources. See Section XXXV for detailed 

information. 

 

 

XXXVII. CONTRACT ADMINISTRATION INFORMATION 

 

A. Contract Authority: The DLA Troop Support Contracting Officer is the only person authorized to approve changes or modify any 

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

with the DLA Troop Support Contracting Officer. 
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1. In the event that the Contractor effects any change at the direction of any person other than the DLA Troop Support 

Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made. 

The Contracting Officer must authorize any modification or costs associated with a change in writing. 

 

2. Requests for information on matters related to this contract, such as an explanation of terms or contract interpretation, 

shall be submitted to the DLA Troop Support Contracting Officer. 

 

B. Payments: DFAS Columbus Center is the payment office for this acquisition. 

 

1. Payment of delivery orders will be made in accordance with the terms and conditions of Paragraph (i) of FAR Clause 

52.212-4 “Contract Terms and Conditions - Commercial Items” that is incorporated by reference into this solicitation. 

 

2. Payment will be made within 10 days after the receipt of a proper invoice; however, payment is still subject to the terms 

and conditions of the Prompt Payment Act (31 U.S.C. 3903). All 810 electronic invoices must be submitted with 

accurate, sufficient, clean data before any payment can be made. As previously noted, it is the Contractor's obligation to 

submit such an invoice and, absent such an invoice, no payment will be due for purposes of the Prompt Payment Act. 

 

3. The Contractor is responsible to use MyInvoice for detailed summary of payments (line by line analysis) which can be 

found at: https://wawf.eb.mil/. 

 

4. The Government intends to make payments under the resultant contract by electronic funds transfer (“EFT”) based on the 

information contained in the System for Award Management Registration (“SAM”). FAR Clause 52.232-33, “Payment by 

Electronic Funds Transfer- System for Award Management” is incorporated by reference. 

 

C. Administration: 

 

1. The Contracting Officer from the DLA Troop Support Supplier Operations - Produce and Market Fresh Division will 

perform administration of the contract. The DLA Troop Support Contracting Officer must approve any changes to the 

resultant contract.

 

 

Standard Element has no Title

 

Part 12 Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) FAR

 

52.212-4 CONTRACT TERMS AND CONDITIONS --COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. ADDENDUM 52.212-4

52.212-4 Contract Terms and Conditions --Commercial Products and Commercial Services. 

As prescribed in 12.301(b)(3), insert the following clause: 

Contract Terms and Conditions --Commercial Products and Commercial Services (Dec 2022) 

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. 
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The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may 

require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/

replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or 

adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- 

(1) Within a reasonable time after the defect was discovered or should have been discovered; and 

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a 

bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 

U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may 

not assign its rights to receive payment under this contract. 

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. 

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement 

on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in 

accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The 

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. 

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. 

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable 

control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its 

sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common 

carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any 

excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall 

promptly give written notice to the Contracting Officer of the cessation of such occurrence. 

(g) Invoice. 

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the 

contract to receive invoices. An invoice must include- 

(i) Name and address of the Contractor; 

(ii) Invoice date and number; 

(iii) Contract number, line item number and, if applicable, the order number; 

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; 

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of 

lading; 

(vi) Terms of any discount for prompt payment offered; 

(vii) Name and address of official to whom payment is to be sent; 

(viii) Name, title, and phone number of person to notify in event of defective invoice; and 

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. 

(x) Electronic funds transfer (EFT) banking information. 

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. 

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have 

submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment 

by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for 

Award Management), or applicable agency procedures. 
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(C) EFT banking information is not required if the Government waived the requirement to pay by EFT. 

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) 

prompt payment regulations at 5 CFR Part 1315. 

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including 

costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or 

copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. 

(i) Payment.- 

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set 

forth in this contract. 

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt 

payment regulations at 5 CFR Part 1315. 

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. 

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the 

purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check 

or the specified payment date if an electronic funds transfer payment is made. 

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has 

otherwise overpaid on a contract financing or invoice payment, the Contractor shall- 

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- 

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); 

(B) Affected contract number and delivery order number, if applicable; 

(C) Affected line item or subline item, if applicable; and 

(D) Contractor point of contact. 

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. 

(6) Interest. 

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due 

until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury 

as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and 

then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. 

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. 

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if - 

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; 

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for 

payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or 

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). 

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the 

same due date as the original demand for payment. 

(v) Amounts shall be due at the earliest of the following dates: 
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(A) The date fixed under this contract. 

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. 

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- 

(A) The date on which the designated office receives payment from the Contractor; 

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit 

against the contract debt; or 

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. 

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of 

this contract. 

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall 

remain with the Contractor until, and shall pass to the Government upon: 

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. 

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. 

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its 

sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any 

and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the 

contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can 

demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The 

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does 

not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred 

which reasonably could have been avoided. 

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

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

adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any 

amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies 

provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a 

termination for convenience. 

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon 

acceptance, regardless of when or where the Government takes physical possession. 

(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. 

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for 

consequential damages resulting from any defect or deficiencies in accepted items. 

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations 

applicable to its performance under this contract. 

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on 

the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, 

Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower 

protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. 

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: 

(1) The schedule of supplies/services. 

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and 
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Unauthorized Obligations paragraphs of this clause; 

(3) The clause at 52.212-5. 

(4) Addenda to this solicitation or contract, including any license agreements for computer software. 

(5) Solicitation provisions if this is a solicitation. 

(6) Other paragraphs of this clause. 

(7) The Standard Form 1449. 

(8) Other documents, exhibits, and attachments. 

(9) The specification. 

(t) [Reserved] 

(u) Unauthorized Obligations. 

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User 

License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the 

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an AntiDeficiency Act violation (31 U.S.C. 1341), the following shall govern: 

(i) Any such clause is unenforceable against the Government. 

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it 

appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked 

through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the 

Government or any Government authorized end user to such clause. 

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. 

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and 

specifically authorized under applicable agency regulations and procedures. 

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System 

for Award Management (SAM), are incorporated by reference into the contract. 

(End of clause) 

Addendum to 52.212-4 - Contract Terms and Conditions - Commercial Items. 

 

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

 

1. Paragraph (a), Inspection/Acceptance, is revised to add the following: 

 

“Inspection and acceptance of products will be performed at destination. The authorized Government receiving official for each customer 

is responsible for signing for and accepting products when they are delivered. The final disposition decision rests with the food service 

officer and/or the authorized Government receiving official. 

 

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

 

 (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 any time, by unilateral written order, make changes within the general scope of this contract in any 
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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 (m), Termination for Cause.

 

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

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

Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon 

request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to 

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

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

covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such 

repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other 

damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1350.00 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. 

 

 

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders --Commercial Products and 

Commercial Services. 

As prescribed in 12.301(b)(4), insert the following clause: 

Contract Terms and Conditions Required To Implement Statutes or Executive Orders --Commercial Products and Commercial Services 

(Dec 2022) 

(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 products and commercial services: 

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, 

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

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

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

Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). 

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 
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(Section 889(a)(1)(A) of Pub. L. 115-232). 

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

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

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

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

in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and 

commercial services: 

[Contracting Officer check as appropriate.] 

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 

10 U.S.C. 4655). 

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)). 

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of 

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 

note). 

__ (5) [Reserved]. 

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of 

Div. C). 

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

Debarment. (Nov 2021) ( 31 U.S.C. 6101 note). 

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

__ (10) [Reserved]. 

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a). 

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive 

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

__ (13) [Reserved] 

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644). 

_X_ (ii) Alternate I (Mar 2020) of 52.219-6. 

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)). 

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)). 

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9. 
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__ (v) Alternate IV (Sep 2021) of 52.219-9. 

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

__ (ii) Alternate I (Mar 2020) of 52.219-13. 

_X_ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). 

__ (20) 52.219-16, Liquidated Damages --Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). 

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f). 

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 15 U.S.C. 632(a)(2)). 

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

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

Concerns (Oct 2022) ( 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 (Oct 2022) ( 15 U.S.C. 637(m)). 

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

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)). 

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). 

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126). 

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

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

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

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

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

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). 

__ (ii) Alternate I (Jul 2014) of 52.222-36. 

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). 

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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). 

_X_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of 

commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 

22.1803.) 

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA -Designated Items (May 2008) ( 42 U.S.C. 6962(c)

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

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-theshelf items.) 
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__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). 

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). 

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

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

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

__ (ii) Alternate I (Jun2014) of 52.223-14. 

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 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. 

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). 

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). 

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

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

_X_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83). 

__ (ii) Alternate I (Oct 2022) of 52.225-1. 

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 

U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved]. 

__ (iii) Alternate II (Dec 2022) of 52.225-3. 

__ (iv) Alternate III (Jan 2021) of 52.225-3. 

__ (v) Alternate IV (Oct 2022) of 52.225-3. 

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (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. Subtitle A, Part V, Subpart G 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 (Nov2007) ( 42 U.S.C. 5150). 

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). 

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 

10 U.S.C. 3805). 

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 
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3805). 

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). 

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332). 

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332). 

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a). 

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)). 

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). 

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services: 

[Contracting Officer check as appropriate.] 

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67). 

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). 

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option 

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

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 

U.S.C. chapter 67). 

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or 

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

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements 

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

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). 

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). 

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

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

awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this 

contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. 

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

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

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

audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor 

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work 

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

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

or claims are finally resolved. 

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

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

course of business or pursuant to a provision of law. 
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(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 products or commercial services. 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 (Nov 2021) ( 41 U.S.C. 3509). 

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

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

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

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

Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). 

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 

subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in 

FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting 

opportunities. 

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). 

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in 

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627). 

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

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

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). 

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). 

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). 

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the 

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). 

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in 
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accordance with paragraph (e) of FAR clause 52.226-6. 

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number 

of additional clauses necessary to satisfy its contractual obligations. 

(End of clause) 

 

 

CLAUSES ADDED TO PART 12 BY ADDENDUM

 

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS

 

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) DFARS

 

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR

 

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (NOV 2021) FAR

 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

 

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS

 

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

INFORMATION (OCT 2016) DFARS

 

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

INFORMATION (JAN 2023) DFARS

 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS

 

As prescribed in 204.7304(c), use the following clause: 

 

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) 

 

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

 

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or 

unauthorized access to, or modification of information. 

 

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which 
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unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized 

media may have occurred. 

 

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the 

grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable 

information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily 

shared outside of the company. 

 

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, 

use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the 

criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements 

on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. 

 

“Covered contractor information system” means an unclassified information system that is owned, or operated by or for, a contractor and 

that processes, stores, or transmits covered defense information. 

 

“Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled 

Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination 

controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is -- 

 

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD 

in support of the performance of the contract; or 

 

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the 

contract. 

 

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse 

effect on an information system and/or the information residing therein. 

 

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner 

that maintains the integrity of the data. 

 

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, 

dissemination, or disposition of information. 

 

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on 

the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based 

entity that infects a host, as well as spyware and some forms of adware. 

 

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, largescale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered 

contractor information system. 

 

``Operationally critical support'' means supplies or services designated by the Government as critical for airlift, sealift, intermodal 

transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a 

contingency operation. 
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 “Rapidly report” means within 72 hours of discovery of any cyber incident. 

 

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, 

Rights in Technical Data --Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. 

Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, 

standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and 

related information, and computer software executable code and source code. 

 

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate 

security, the Contractor shall implement, at a minimum, the following information security protections: 

 

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf 

of the Government, the following security requirements apply: 

 

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing 

Services, of this contract. 

 

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified 

elsewhere in this contract. 

 

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and 

therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply: 

 

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the 

security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled 

Unclassified Information in Nonfederal Information Systems and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.

SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer. 

 

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all 

contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.

mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract 

award. 

 

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for

consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of 

the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place. 

 

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that 

an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its 

recognition under this contract. 

 

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense 

information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements 

equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate 

baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) 
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through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information 

and equipment necessary for forensic analysis, and cyber incident damage assessment. 

 

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security 

measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic 

environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on 

an assessed risk or vulnerability. These measures may be addressed in a system security plan. 

 

 (c) Cyber incident reporting requirement. 

 

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense 

information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as 

operationally critical support and identified in the contract, the Contractor shall -- 

 

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying 

compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information 

system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been 

accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to 

provide operationally critical support; and 

 

 (ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil. 

 

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a 

minimum, the required elements at https://dibnet.dod.mil. 

 

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or 

subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a 

DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/. 

 

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber 

incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting 

Officer. Do not send the malicious software to the Contracting Officer. 

 

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and 

protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet 

capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. 

 

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD 

with access to additional information or equipment that is necessary to conduct a forensic analysis. 

 

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that 

the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. 

 

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized 

use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that 

includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the 
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maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of 

such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is 

included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the 

information is being released. 

 

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the 

contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be 

released outside of DoD -- 

 

 (1) To entities with missions that may be affected by such information; 

 

 (2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; 

 

 (3) To Government entities that conduct counterintelligence or law enforcement investigations; 

 

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial 

Base (DIB) participants in the program at 32 CFR part 236); or 

 

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the 

clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. 

 

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor 

(or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted 

pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by 

paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy 

based restrictions on the Government's use and release of such information. 

 

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, 

monitoring, access, use, and disclosure of electronic communications and data. 

 

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way 

abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as 

required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. 

 

 (m) Subcontracts. The Contractor shall -- 

 

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical 

support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without 

alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its 

identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; 

and 

 

 (2) Require subcontractors to -- 

 

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 

security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and 
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(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) 

as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause. 

 

(End of clause) 

 

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (JAN 2023) DFARS

 

L02 ELECTRONIC ORDER TRANSMISSION (JUN 2020)

Offerors shall select one of the following alternatives for paperless order transmission: 

[ ] American National Standards Institute (ANSI) X12 Standards through a value added network (VAN) approved by DLA Transaction Services; or 

[ ] Electronic mail (email) award notifications containing web links to electronic copies of the Department of Defense (DD) Form 1155, Order for Supplies 

or Services. 

Offerors must register on the DLA Internet Bid Board System (DIBBS) (https://www.dibbs.bsm.dla.mil/ ) to receive email notification. If the offeror elects 

ANSI/VAN order transmission, DLA will send Electronic Data Interchange (EDI) transaction sets at time of award. The contractor shall acknowledge receipt 

of transaction sets with a functional acknowledgement or order receipt message within 24 hours. If the contractor receives the award transaction set on a 

weekend or Federal holiday, the contractor shall acknowledge receipt on the next business day. This acknowledgement will confirm that the contractor's 

interface with the system is working as needed for contract ordering. 

Offerors can obtain information regarding EDI, ANSI X12 transactions, and VANs approved by DLA Transaction Services at Defense Automatic 

Addressing System (DAAS) Value Added Network List (https://www.transactionservices.dla.mil/daashome/edi-vanlist-dla.asp).

Offerors should direct questions concerning electronic ordering to the appropriate procuring organization point of contact below: 

DLA Land and Maritime, Helpdesk.EBS.L&M.LTCs@dla.mil 

DLA Troop Support, dlaedigroup@dla.mil 

DLA Aviation, avnprocsysproceddiv@dla.mil, phone # 804-279-4026 

 

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY 

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

 

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

 

C04 UNUSED FORMER GOVERNMENT SURPLUS PROPERTY (SEP 2021)

To be considered for award, the offeror must complete and submit the following representation with their offer. Additional supporting 

documentation to demonstrate the surplus material offered was previously owned by the Government and meets solicitation requirements must 

be provided within 24 hours of request by the contracting officer. 

(1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety. Yes [ ] No [ ] 

The material conforms to the technical requirements cited in the solicitation (e.g., Commercial and Government Entity (CAGE) Code and part 

number, specification, etc.). Yes [ ] No [ ] 

The material conforms to the revision letter/number, if any is cited. Yes [ ] No [ ] Unknown [ ] 

If No, the revision does not affect form, fit, function, or interface. Yes[ ] No [ ] Unknown [ ] 

The material was manufactured by: 

(Name): 

(Address): 

(2) The offeror currently possesses the material: Yes [ ] No [ ] 

If yes, the offeror purchased the material from a Government selling agency or other source. Yes [ ] No [ ] 

If yes, complete the following: 

Government Selling Agency: 

Contract Number:

Contract Date: (Month, Year): 

Other Source: 

Address: 
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Date Acquired: (Month/Year): 

(3) The material has been altered or modified. Yes [ ] No [ ] 

If Yes, complete the following: 

Name of the company that performed the alternation or modification 

Address: 

Complete description of the alternations or modifications: 

(4) The material has been reconditioned. Yes [ ] No [ ] 

If Yes, complete the following: 

(i) The price offered includes the cost of reconditioning/refurbishment. Yes [ ] No [ ] 

(ii) Name of the company that reconditioned that material 

(iii) Description of any work done or to be done, including the components to be replaced and the applicable rebuild standard. 

The material contains cure-dated components. Yes [ ] No [ ] 

If Yes, complete the following: 

(i)The price includes replacement of cure-dated components. Yes [ ] No [ ] 

(ii) Cure date: 

(5) The material has data plates attached. Yes [ ] No [ ] 

If Yes, insert all information contained on the data plate: 

(6)The offered material is in its original package. Yes [ ] No [ ] 

If Yes, complete the following: 

Contract Number:

NSN: 

CAGE Code: 

Part Number:

Other Markings/Data: 

(7)The offeror has supplied this same material (National Stock Number) to the Government before. Yes [ ] No [ ] 

If Yes, complete the following: 

(i) The material being offered is from the same original Government contract number as that provided previously. Yes 

[ ] No [ ] 

(ii) State below the Government Agency and contract number under which the material was previously provided: 

Agency: 

Contract Number: 

(8)The material is manufactured in accordance with a specification or drawing. Yes [ ] No [ ] 

If Yes, complete the following: 

(i) The specification/drawing is in the possession of the offeror. Yes [ ] No [ ] 

(ii) The offeror has stated the applicable information below: Yes [ ] No [ ] 

Specification/Drawing Number: 

Revision: (if any): 

Date: 

(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects. Yes [ ] No [ ] 

If Yes, complete the following: 

(i) Material has been re-preserved. Yes [ ] No [ ] 

(ii) Material has been repackaged. Yes [ ] No [ ] 

(iii) Percentage of material that has been inspected is %; and/or 

(iv) Number of items inspected is 

(v) A written report was prepared. Yes [ ] No [ ] 

The offeror agrees that in the event of award and notwithstanding the provisions of the solicitation. 
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(i) Inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for 

source or destination inspection. 

The offeror will forward to the contracting officer one of the following, within 24 hours of request by the contracting officer to demonstrate 

that the material being offered was previously owned by the Government (offeror check which one applies): 

[ ] For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DLA 

Disposition Services Form 1427, Notice of Award, Statement and Release Document. 

[ ] For DLA Disposition Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used 

by the original purchaser to resell the material. 

[ ] When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original 

package markings and data, including NSN, commercial and Government entity (CAGE) code and part number, and original contract 

number. (This information has already been provided in paragraph (6) of this procurement note. Yes [ ] No [ ] .) 

[ ] When none of the above are available, other information to demonstrate that the offered material was previously owned by the 

Government. Describe: 

This procurement note only applies to offers of Government surplus material. Offers of commercial surplus, manufacturer's overruns, 

residual inventory resulting from terminated Government contracts, and any other material that meets the technical requirements in the 

solicitation but was not previously owned by the Government will be evaluated in accordance with the DLAD procurement note L04, Offers 

for Part Numbered Items. 

If requested by the contracting officer, the offeror shall furnish sample units, in the number specified, to the contracting officer or to another 

location specified by the contracting officer, within 10 days after the contracting officer's request. The samples will be furnished at no cost to 

the Government. All such samples not destroyed in evaluation will be returned at the offeror's expense. The samples will be evaluated for form, 

fit, and function with subassembly, assembly, or equipment with which the items are to be used. End items furnished under any contract award 

to the offeror furnishing the samples can include the returned samples, and all acceptable end items will have a configuration identical to the 

samples. If specific tests of the samples' performance are made by the Government, the offeror will be furnished the results of such tests prior 

to a contract being entered into. In addition to any other inspection examinations and tests required by the contract, the performance of the end 

items will be required to be as good as that of the samples submitted. 

In the event of award, the contractor will be responsible for providing material that is in full compliance with all requirements in the contract or 

order. The surplus material to be furnished must meet the requirements of the current contract or order, whether or not the material met 

Government requirements in existence at the time the material was initially manufactured or sold to the Government. If higher-level contract 

quality requirements apply to the material being acquired, those requirements do not apply to surplus material furnished under this contract.

 

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2020)

 

52.216-18 ORDERING (AUG 2020) FAR

(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 Schedule. Such orders may be issued from Date of award through five years. through [insert 

dates]. 

(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) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued 

orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 

(End of clause) 

 

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR

As prescribed in 16.506(b), insert a clause substantially the same as follows: 

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $150.00 [insert 

dollar figure or quantity], 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 $25,000.00 [insert dollar figure or quantity]; 

(2) Any order for a combination of items in excess of $100,000.00 [insert dollar figure or quantity]; or 

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) 

or (2) of this section. 
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(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation 

(FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximumorder 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 1 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. 

(End of clause)

 

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR

As prescribed in 16.506(e), insert the following clause: 

(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 from contract completion. [insert date]. 

(End of clause) 

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (JAN 2023) DFARS

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM — ALTERNATE I (JAN 2023) DFARS

 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) DFARS

 

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) DFARS

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

“Component” means any item supplied to the Government as part of an end product or of another component. 

“End product” means supplies delivered under a line item of this contract. 

"Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or international agreement with 

the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services 

performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 

36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: 

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 
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France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Lithuania 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Structural component of a tent” -- 

(1) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs); and 

(2) Does not include equipment such as heating, cooling, or lighting. 

“United States” means the 50 States, the District of Columbia, and outlying areas. 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national 

status under the laws of the United States. 

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been 

grown, reprocessed, reused, or produced in the United States: 

(1) Food. 

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally 

associated with, clothing and the materials components thereof. Clothing includes items such as outerwear, headwear, underwear, 

nightwear. footwear, hosiery, handwear, belts, badges, and insignia. 

(3)(i) Tents and structural components of tents; 

(ii) Tarpaulins; or 

(iii) Covers. 

(4) Cotton and other natural fiber products. 

(5) Woven silk or woven silk blends. 

(6) Spun silk yarn for cartridge cloth. 

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics. 

(8) Canvas products. 

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). 

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed 

in this paragraph (b). 

(c) This clause does not apply -- 

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation, or other items for which the Government has determined that 

a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices; 

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, 

other natural fibers, or wool -- 

(i) Is not more than 10 percent of the total price of the end product; and 
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(ii) Does not exceed the threshold at Defense Federal Acquisition Regulation Supplement 225.7002-2(a); 

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives; 

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the 

foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United 

States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance 

with paragraph (d) of this clause; 

(5) To chemical warfare protective clothing produced in a qualifying country; or 

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic 

fabric itself), if -- 

(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or 

in part of fabric, include 3⁄4 

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and 

Appliances); 

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal 

Supply Group 84, Clothing, Individual Equipment and Insignia; 

(C) Upholstered seats (whether for household, office, or other use); and 

(D) Parachutes (Federal Supply Class 1670); or 

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country. 

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract -- 

(i) Shall be taken from the sea by U.S.-flag vessels; or 

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and 

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States. 

(End of clause)

 

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (OCT 2020) DFARS

 

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN 

SMALL BUSINESS CONCERNS (JAN 2023) DFARS

 

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) FAR

 

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020) FAR

 

52.232-17 INTEREST (MAY 2014) FAR

 

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

 

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) DFARS

(a) Definitions. As used in this clause— 

 

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. 

 

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). 

 

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement 

system. 

 

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and 

Receiving Reports. 

 

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as 

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and 

Receiving Reports. 

 
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(c) WAWF access. To access WAWF, the Contractor shall— 

 

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and 

 

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. 

 

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice 

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the 

WAWF home page at https://wawf.eb.mil/ 

 

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer 

Protocol. 

 

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in 

WAWF for this contract or task or delivery order: 

 

(1) Document type. The Contractor shall submit payment requests using the following document type(s): 

 

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. 

 

(ii) For fixed price line items— 

 

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. 

 

____________________________________________________________ 

 

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a 

deliverable.) 

 

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and 

receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. 

 

____________________________________________________________ 

 

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for 

services.) 

 

(iii) For customary progress payments based on costs incurred, submit a progress payment request. 

 

(iv) For performance based payments, submit a performance based payment request. 

 

(v) For commercial financing, submit a commercial financing request. 

 

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. 

 

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.] 

 

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when 

creating payment requests and receiving reports in the system. 

 

Routing Data Table* 

 

Field Name in WAWF 

 

Data to be entered in WAWF 

 

Pay Official DoDAAC 

 

Issue By DoDAAC 

 

Admin DoDAAC** 

 

Inspect By DoDAAC 
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Ship To Code 

 

Ship From Code 

 

Mark For Code 

 

Service Approver (DoDAAC) 

 

Service Acceptor (DoDAAC) 

 

Accept at Other DoDAAC 

 

LPO DoDAAC 

 

DCAA Auditor DoDAAC 

 

Other DoDAAC(s) 

 

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not 

applicable.”) 

 

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract 

administration office assigned the functions under FAR 42.302(a)(13).) 

 

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in 

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as 

applicable. 

 

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. 

 

(g) WAWF point of contact. 

 

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. 

 

_________________________________________________________________ 

 

(Contracting Officer: Insert applicable information or “Not applicable.”) 

 

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. 

 

(End of clause)

 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

52.242-13 BANKRUPTCY (JUL 1995) FAR

 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

 

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the 

Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs 

that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable 

to the change in accordance with applicable acquisition regulations. 

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition 
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threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of 

the Contractor: 

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and 

belief.

(Official's Name)

(Title)

 

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including 

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and 

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to 

support any estimated costs, even if certified cost or pricing data are not required. 

(d) The certification requirement in paragraph (b) of this clause does not apply to 

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under 

a cost-reimbursement type contract, or progress payment invoices; or 

(2) Final adjustments under an incentive provision of the contract. 

(End of clause)

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (JAN 2023) DFARS

 

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

 

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (AUG 2016) DFARS

 

252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023) DFARS

 

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

 

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA---BASIC (JAN 2023) DFARS

Basic. As prescribed in 247.574 (b) and (b)(1), use the following clause: 

 

TRANSPORTATION OF SUPPLIES BY SEA—BASIC (JAN 2023) 

 

(a) Definitions. As used in this clause— 

 

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or 

assembly by the Contractor or any subcontractor. 

 

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. 

 

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel. 

 

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. 

 

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to 

perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of 

the prime contract. 

 

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time 

of transportation by sea. 

 

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract 
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number or a military destination. 

 

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, 

type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end 

items; construction materials; and components of the foregoing. 

 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national 

status under the laws of the United States. 

 

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. 

 

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if— 

 

(i) This contract is a construction contract; or 

 

(ii) The supplies being transported are— 

 

(A) Other than commercial products; or 

 

(B) Commercial products that— 

 

(1)The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that 

it subcontracts for f.o.b. destination shipment); 

 

(2)Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping 

operations; or 

 

(3)Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. 

 

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate 

available U.S.-flag vessels, if the Contractor or a subcontractor believes that— 

 

(1) U.S.-flag vessels are not available for timely shipment; 

 

(2) The freight charges are inordinately excessive or unreasonable; or 

 

(3) Freight charges are higher than charges to private persons for transportation of like goods. 

 

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the 

sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as 

expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a 

compensable delay under this or any other clause of this contract. Requests shall contain at a minimum— 

 

(1) Type, weight, and cube of cargo; 

 

(2) Required shipping date; 

 

(3) Special handling and discharge requirements; 

 

(4) Loading and discharge points; 

 

(5) Name of shipper and consignee; 

 

(6) Prime contract number; and 

 

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with 

at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this 

purpose. 

 

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime 

Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of 

the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: 

 
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(1) Prime contract number; 

 

(2) Name of vessel; 

 

(3) Vessel flag of registry; 

 

(4) Date of loading; 

 

(5) Port of loading; 

 

(6) Port of final discharge; 

 

(7) Description of commodity; 

 

(8) Gross weight in pounds and cubic feet if available; 

 

(9) Total ocean freight in U.S. dollars; and 

 

(10) Name of steamship company. 

 

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a 

representation that to the best of its knowledge and belief— 

 

(1) No ocean transportation was used in the performance of this contract; 

 

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; 

 

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean 

transportation; or 

 

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the 

Contracting Officer. The Contractor shall describe these shipments in the following format: 

 

ITEM DESCRIPTION 

 

CONTRACT LINE ITEMS 

 

QUANTITY 

 

TOTAL 

 

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the 

Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In 

the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to 

equitably adjust the contract, based on the unauthorized use. 

 

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not 

anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by 

sea, the Contractor shall— 

 

(1) Notify the Contracting Officer of that fact; and 

 

(2) Comply with all the terms and conditions of this clause. 

 

(i) Subcontracts. In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for 

commercial products, the Contractor shall flow down the requirements of this clause as follows: 

 

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition 

threshold in part 2 of the Federal Acquisition Regulation. 

 

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or 

below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. 

 
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(End of clause) 

 

Alternate I. As prescribed in 247.574 (b) and (b)(2), use the following clause, which uses a different paragraph (b) than the basic clause: 

 

TRANSPORTATION OF SUPPLIES BY SEA—ALTERNATE I (JAN 2023) 

 

(a) Definitions. As used in this clause— 

 

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or 

assembly by the Contractor or any subcontractor. 

 

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. 

 

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel. 

 

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. 

 

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to 

perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of 

the prime contract. 

 

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time 

of transportation by sea. 

 

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract 

number or a military destination. 

 

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, 

type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end 

items; construction materials; and components of the foregoing. 

 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national 

status under the laws of the United States. 

 

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. 

 

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if the supplies being transported are— 

 

(i) Other than commercial products; or 

 

(ii) Commercial products that— 

 

(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items 

that it subcontracts for f.o.b. destination shipment); 

 

(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping 

operations (Note: This contract requires shipment of commercial products in direct support of U.S. military contingency operations, exercises, 

or forces deployed in humanitarian or peacekeeping operations); or 

 

(C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. 

 

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate 

available U.S.-flag vessels, if the Contractor or a subcontractor believes that— 

 

(1) U.S.-flag vessels are not available for timely shipment; 

 

(2) The freight charges are inordinately excessive or unreasonable; or 

 

(3) Freight charges are higher than charges to private persons for transportation of like goods. 

 

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the 

sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as 

expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a 
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compensable delay under this or any other clause of this contract. Requests shall contain at a minimum— 

 

(1) Type, weight, and cube of cargo; 

 

(2) Required shipping date; 

 

(3) Special handling and discharge requirements; 

 

(4) Loading and discharge points; 

 

(5) Name of shipper and consignee; 

 

(6) Prime contract number; and 

 

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with 

at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this 

purpose. 

 

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime 

Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of 

the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: 

 

(1) Prime contract number; 

 

(2) Name of vessel; 

 

(3) Vessel flag of registry; 

 

(4) Date of loading; 

 

(5) Port of loading; 

 

(6) Port of final discharge; 

 

(7) Description of commodity; 

 

(8) Gross weight in pounds and cubic feet if available; 

 

(9) Total ocean freight in U.S. dollars; and 

 

(10) Name of steamship company. 

 

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a 

representation that to the best of its knowledge and belief— 

 

(1) No ocean transportation was used in the performance of this contract; 

 

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; 

 

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean 

transportation; or 

 

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the 

Contracting Officer. The Contractor shall describe these shipments in the following format: 

 

ITEM DESCRIPTION 

 

CONTRACT LINE ITEMS 

 

QUANTITY 

 

TOTAL 

 
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(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the 

Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In 

the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to 

equitably adjust the contract, based on the unauthorized use. 

 

(h) If the Contractor has indicated by the response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did 

not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported 

by sea, the Contractor— 

 

(1) Shall notify the Contracting Officer of that fact; and 

 

(2) Hereby agrees to comply with all the terms and conditions of this clause. 

 

(i) Subcontracts.In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for 

commercial products, the Contractor shall flow down the requirements of this clause as follows: 

 

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition 

threshold in part 2 of the Federal Acquisition Regulation. 

 

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or 

below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. 

 

(End of clause) 

 

Alternate II. As prescribed in 247.574 (b) and (b)(3), use the following clause, which uses a different paragraph (b) than the basic clause: 

 

TRANSPORTATION OF SUPPLIES BY SEA—ALTERNATE II (JAN 2023) 

 

(a) Definitions. As used in this clause— 

 

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or 

assembly by the Contractor or any subcontractor. 

 

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. 

 

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel. 

 

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. 

 

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to 

perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of 

the prime contract. 

 

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time 

of transportation by sea. 

 

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract 

number or a military destination. 

 

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, 

type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end 

items; construction materials; and components of the foregoing. 

 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national 

status under the laws of the United States. 

 

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. 

 

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if the supplies being transported are— 

 

(i) Other than commercial products; or 

 

(ii) Commercial products that— 
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(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items 

that it subcontracts for f.o.b. destination shipment); 

 

(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping 

operations; or 

 

(C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643 (Note: 

This contract requires transportation of commissary or exchange cargoes outside of the Defense Transportation System in accordance with 10 

U.S.C. 2643). 

 

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate 

available U.S.-flag vessels, if the Contractor or a subcontractor believes that— 

 

(1) U.S.-flag vessels are not available for timely shipment; 

 

(2) The freight charges are inordinately excessive or unreasonable; or 

 

(3) Freight charges are higher than charges to private persons for transportation of like goods. 

 

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the 

sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as 

expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a 

compensable delay under this or any other clause of this contract. Requests shall contain at a minimum— 

 

(1) Type, weight, and cube of cargo; 

 

(2) Required shipping date; 

 

(3) Special handling and discharge requirements; 

 

(4) Loading and discharge points; 

 

(5) Name of shipper and consignee; 

 

(6) Prime contract number; and 

 

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with 

at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this 

purpose. 

 

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime 

Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of 

the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: 

 

(1) Prime contract number; 

 

(2) Name of vessel; 

 

(3) Vessel flag of registry; 

 

(4) Date of loading; 

 

(5) Port of loading; 

 

(6) Port of final discharge; 

 

(7) Description of commodity; 

 

(8) Gross weight in pounds and cubic feet if available; 

 

(9) Total ocean freight in U.S. dollars; and 

 
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(10) Name of steamship company. 

 

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a 

representation that to the best of its knowledge and belief— 

 

(1) No ocean transportation was used in the performance of this contract; 

 

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; 

 

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean 

transportation; or 

 

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the 

Contracting Officer. The Contractor shall describe these shipments in the following format: 

 

ITEM DESCRIPTION 

 

CONTRACT LINE ITEMS 

 

QUANTITY 

 

TOTAL 

 

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the 

Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In 

the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to 

equitably adjust the contract, based on the unauthorized use. 

 

(h) If the Contractor has indicated by the response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did 

not anticipate transporting by sea any supplies, but the contractor learns after the award of the contract that supplies will be transported by 

sea, the Contractor shall notify the Contracting Officer of that fact. 

 

(i) Subcontracts. In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for 

commercial products, the Contractor shall flow down the requirements of this clause as follows: 

 

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition 

threshold in part 2 of the Federal Acquisition Regulation. 

 

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or 

below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. 

 

(End of clause)

 

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

 

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.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=Acutrue&tpl=/ecfrbrowse/Title48/48tab_02.tpl

DFARS: https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

 

(End of clause) 

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

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

(JAN 2021) DFARS
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252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES 

(JAN 2023) DFARS

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

As prescribed in 225.7901-4, use the following clause: 

 

EXPORT CONTROLLED ITEMS (JUNE 2013) 

 

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR 

Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes: 

 

(1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related 

technical data, and further defined in the ITAR, 22 CFR Part 120. 

 

 (2) “Items,” defined in the EAR as “commodities”, “software”, and “technology,” terms that are also defined in the EAR, 15 CFR 772.1. 

 

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the 

requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the 

Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce 

regarding any questions relating to compliance with the EAR. 

 

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, 

and is not established or limited by, the information provided by this clause. 

 

(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive 

orders, and regulations, including but not limited to -- 

 

 (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); 

 

 (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); 

 

 (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); 
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 (4) The Export Administration Regulations (15 CFR Parts 730-774); 

 

 (5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and 

 

 (6) Executive Order 13222, as extended. 

 

 (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. 

 

(End of clause) 

 

 

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (SEP 2021) DFARS

 

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR

 

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012) FAR

 

Attachments

List of Attachments

Description File Name

ATTACH_ATTACHMENT_

1___SCHEDULE_OF_ITE

MS

ATTACHMENT 1 - 

SCHEDULE OF ITEMS.

xlsx

ATTACH_ATTACHMENT_

2___DELIVERY_SCHEDU

LE

ATTACHMENT 2 - 

DELIVERY SCHEDULE.

xlsx

ATTACH_ATTACHMENT_

3__NEW_ITEM_REQUES

T_FORM

ATTACHMENT 3 - NEW 

ITEM REQUEST FORM.

doc

ATTACH_ATTACHMENT_

4___STORES_EDI_AND_

FFAVORS_MANUALS

ATTACHMENT 4 - 

STORES EDI AND 

FFAVORS MANUALS.pdf

ATTACH_ATTACHMENT_

5___QSMV___QUALITY_

AUDITS

ATTACHMENT 5 - QSMV 

& QUALITY AUDITS.pdf

 

Part 12 Provisions

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) FAR
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52.212-1 Instructions to Offerors --Commercial Products and Commercial Services. 

As prescribed in 12.301(b)(1), insert the following provision: 

Instructions to Offerors --Commercial Products and Commercial Services (Nov 2021) 

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

size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits 

an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or 

produce is 500 employees if the acquisition -- 

(1)Is set aside for small business and has a value above the simplified acquisition threshold; 

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or 

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business setaside or sole-source award regardless of dollar value. 

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

solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers 

must show -- 

(1) The solicitation number; 

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

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

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

may include product literature, or other documents, if necessary; 

(5) Terms of any express warranty; 

(6) Price and any discount terms; 

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

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

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

(9) Acknowledgment of Solicitation Amendments; 

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar 

items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and 

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

provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the 

solicitation may be excluded from consideration. 

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

of offers, unless another time period is specified in an addendum to the solicitation. 
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(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. 

Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's 

request and expense, unless they are destroyed during preaward testing. 

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

items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services 

for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. 

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

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

designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., 

local time, for the designated Government office on the date that offers or revisions are due. 

(2) 

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time 

specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines 

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

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the 

Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or 

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

the Government's control prior to the time set for receipt of offers; or 

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

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at 

any time it is received and may be accepted. 

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

offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. 

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

designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the 

solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same 

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral 

solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time 

before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be 

withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person 

requesting withdrawal is established and the person signs a receipt for the offer. 

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions 

with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the 

Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may 

reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities 
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in offers received. 

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

limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government 

reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror 

specifies otherwise in the offer. 

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

(1) 

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, 

standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request toGSA Federal Supply Service Specifications Section 

Suite 8100 470 East L'Enfant Plaza, SW 

Washington, DC 20407 

Telephone (202) 619-8925 

Facsimile (202) 619-8978. 

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of 

specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to 

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

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

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

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

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

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

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, 

Facsimile (215) 697-1462. 

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or 

maintenance. 

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

the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with 

its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that 

identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT 

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

SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity 
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identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror 

should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the 

unique entity identifier. 

(k) [Reserved] 

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

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

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

debriefed offeror. 

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. 

(4) A summary of the rationale for award; 

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror. 

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

solicitation, applicable regulations, and other applicable authorities were followed by the agency. 

(End of provision) 

 

 

Addendum to 52.212-1 

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

 1. Paragraph (b), Submission of Offers.

b. Email is an acceptable form of transmission for submission of initial proposals or revisions to proposals submitted in response to this 

solicitation. E-mailed submissions should be sent to Kimberly.Hartzell at Kimberly.Hartzell@dla.mil and Maria Silvester at Maria.

Silvester@dla.mil. Limit the file size of any individual email attachment to 5MB, and the total size of any email to 10MB. Multiple 

email submissions may be required. If submitting multiple emails as a proposal submission, label each email with a number (e.g., 1 

of 8), accordingly. After transmitting an email submission, offerors should confirm receipt of all emails with the intended recipients. 

c. Facsimile is not an acceptable form of transmission for submission of initial proposals or revisions to initial proposals submitted in 

response to this solicitation. As directed by the Contracting Officer, facsimile may be used during discussions/negotiations, if 

discussions/negotiations are held, for proposal revisions, including Final Proposal Revisions. 

 2. Paragraph (c), Period for Acceptance of Offers, is revised as follows:

 Period of acceptance is 180 days. 

 3. Paragraph (h), Multiple Awards, is revised to add the following:

The Government intends to make one (1) award, for each Group based on the technically acceptable offer with the lowest aggregate 

evaluated price. In the event that one offeror is the awardee for more than one Group, the award for more than one Group may be 

issued under a single contract. Offerors shall submit their best proposal for each Group independently due to the Government's right to 

make separate awards for Groups 1,2,3, and 4.Offerors are required to offer on and properly substantiate pricing for all items in the 
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Schedule of Items for each Group; failure to do so may result in exclusion from award consideration. 

 4. Paragraph (g), Contract Award, is revised as follows:

The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer 

should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct 

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

in the public interest, and waive informalities and minor irregularities in offers received. 

 

PROPOSAL SUBMISSION INFORMATION 

 

A. Pricing 

 

1. An offeror's price proposal shall consist of prices submitted for each of the items found in the Schedule of Items (Attachment 

1). The Schedule of Items is a grouping of items expected to be ordered by the customers along with the estimated 

quantities. The items found in the Schedule of Items represent 100% of the estimated dollar value for that particular Group.

Offerors are required to submit their Contract Unit Price for each item, broken down into the corresponding Delivered Price 

and Distribution Price components. Pricing will be based on the following formula: 

 

 

Contract Unit Price = (Delivered Price - Rebates/Discounts) + Distribution Price 

 

 See Economic Price Adjustment section of this solicitation for price component definitions. 

 

2. Formatting of Prices: Prices shall be formatted to no more than two places to the right of the decimal point, for example, 

$2.50. In the event that the offeror submits a price that exceeds this limitation, the price will be rounded up or down using 

standard rounding methods. For example, a price of $2.215 or higher will be rounded up to $2.22 and a price of $2.214 or 

lower will be rounded down to $2.21. 

 

3. Distribution Prices - Multiple Groups and Tiers: 

 

a. Multiple Groups. The offeror is permitted to submit a separate Distribution Price for each Group. In this instance, 

“Group” refers to a distinct and separate set of customers that require produce support (i.e. Troops vs. Schools). In 

the event that an offeror includes a Distribution Price for only one Group but through its proposal submission clearly 

indicates that it had intended to submit a proposal for multiple Groups covered by the Solicitation (i.e. submits 

pricing for all items contained in the Schedule of Items for all Groups), the Contracting Officer will interpret the 

offeror's omission of a separate Distribution Price for the other Group as its willingness to retain the same 

Distribution Price as the Group it was provided for and apply it to all Groups. Per this provision, this interpretation 

by the Contracting Officer is reasonable and acceptable by the offeror. 

 

b. Tiers. Only one Distribution Price shall be offered for all items in each Tier. Offerors may propose a different 

Distribution Price per Tier. As described above in paragraph A.3.a., if an offeror fails to propose a Distribution Price 

for all of the Tiers, the Contracting Officer will utilize the last proposed Tier and apply it onward for each subsequent 

Tier. For instance, an offeror proposes a Distribution Price of $3.00 for Tier 1 and fails to provide any Distribution 
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Price for Tier 2. The Contracting Officer will apply the $3.00 Distribution Price from Tier 1 to Tier 2. This application 

is reasonable and acceptable by the offeror per the terms of this section. 

 

B. Schedule of Items: Pricing 

 

1. The Schedule of Items in Attachment 1 represents 100% of the estimated dollar value of this procurement. Offerors must 

submit pricing for all items in the Schedule of Items. 

 

2. Estimated quantities for each tier ( 3 separate Tiers, consisting of one (1) 24-month time period, and two (2) 18-month 

time periods) are indicated next to each item and are for information and evaluation purposes only. 

 

3. Offerors are to submit proposed prices in accordance with the definitions of the separate price components identified 

earlier in this Solicitation. The Delivered Prices proposed must reflect those prices that were paid by the offeror for the 

various items during the Sunday, November 13, 2022 through Saturday, December 24, 2022 timeframe. Upon request 

from the Contracting Officer, an offeror may be required to substantiate the aforementioned proposed Delivered Prices 

with a product invoice (quotes may be accepted in very limited circumstances per Contracting Officer discretion) and 

accompanying freight invoice. The offeror's proposed Contract Unit Prices must be in a format that identifies the 

Delivered Price, minus any applicable Rebates/Discounts, and the Distribution Price as separate entries, then totaled 

together as one lump sum (i.e. the Contract Unit Price). For example, if the Delivered Price is $20.00, the applicable 

Rebates/Discounts equal $0.25, and the Distribution Price is $3.00 an offeror's proposed Contract Unit Price for that item 

should be indicated as follows: 

 

($20.00 - $0.25) + $ 3.00 = $ 22.75 

 (Prices used for illustrative purposes only) 

 

(a) An offeror shall NOT submit only the Contract Unit Price. All three components, as demonstrated above, shall 

be provided for each item. 

 

(b) Delivered Prices, applicable Rebates/Discounts, and Distribution Prices for all items are to be submitted 

according to the Government's Unit of Issue. There are NO exceptions to this requirement. Failure to do so 

may result in an offeror's proposal being deemed technically unacceptable and therefore eliminated from 

further consideration for award. Please note that all items listed in the Solicitation's Schedule of Items will 

ultimately become part of the Contractor's catalog. 

 

(c) It is important to note that the Rebates/Discounts reported by an offeror during the proposal and subsequent 

evaluation stage will be relied upon by the Contracting Officer in demonstrating the favorable business 

relationships and resulting pricing terms that the offeror has with its suppliers. These favorable pricing terms, 

as well as any other terms represented in its proposal, should be available and utilized during the performance 

of the contract if the offeror is selected as the awardee. Therefore, it is required that the offeror be realistic and 

accurate in its reporting of said Rebates/Discounts. TO BE CLEAR: All offerors are on notice that the 

Contracting Officer expects each's proposal to accurately reflect the way in which that offeror intends to 

perform the contract if it is selected as the awardee. It is unacceptable to propose favorable terms that are 

inaccurate, false, or unrealistic for the purpose of misleading the Contracting Officer and tainting the evaluation 

process so that the offending offeror receives an award. Such behavior, when discovered, will result in 

immediate adverse action against the offeror or contractor as permitted by the terms of this Solicitation, 

applicable regulations, laws, or otherwise. 

 

C. Distribution Prices 

 
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1. The offeror shall provide Distribution Prices for each Group (i.e. Troops vs. Schools/Tribal Reservations) and for each 

Tier, as discussed in paragraph A.3 of this section. Each Distribution Price shall reflect performance costs on a per-case 

basis. Each Group may have a different Distribution Price. Also, each Tier may have a different Distribution Price, but 

each Tier's Distribution Price shall apply to all items during the entire Tier period. 

 

2. Unlike Delivered Prices (as discussed further below), Distribution Prices shall remain constant for the entirety of each 

individual contract Tier. As such, the Distribution Price for Tier 1 does not have to be equal to the Distribution Price for 

Tier 2. These prices can differ or remain the same as the Tier 1 price; but ultimately will remain constant for the duration 

of each Tier period. 

 

D. Delivered Prices 

 

1. The offeror is required to submit pricing on all items within the Schedule of Items. For evaluation purposes, an offeror's 

proposed prices on the Schedule of Items shall reflect the offeror's Delivered Prices, as previously defined, that were 

effective from Sunday, November 13, 2022 through Saturday, December 24, 2022. 

 

2. As part of the evaluation process and requirement for proposal submission, the Government requires offerors to 

substantiate all of its proposed Delivered Prices with an invoice / quote from the manufacturer, grower, private label 

holder, or redistributor (collectively referred to as “Supplier”) along with the corresponding freight invoice. The line item 

number must be clearly marked on each invoice (product and freight) to identify the invoice's corresponding item. The 

preferred documentation is the manufacturer, grower, or private label holder invoice. If a particular line item was not 

stocked during that time period, a written quote from a manufacturer, grower or private label holder may be accepted. 

However, please note that anything other than an invoice, such as quotes, are the exception to the rule and may not be 

satisfactory to the Contracting Officer in substantiating an offeror's Delivered Price. If unsatisfactory to the Contracting 

Officer, said price will be unacceptable and treated as though the offeror didn't submit a price at all. This situation may 

result in the offeror's proposal being deemed technically unacceptable and removed from further consideration for award. 

If an offeror does not have an invoice, the offeror needs to explain why, e.g. not in season, do not carry, etc. As stated, 

the Government has a strong preference for invoices over market quotes or other documentation. All invoices, quotes, or 

other documentation must be from sources that the offeror currently uses or plans to use to support the resultant 

contract. All invoices (or quotes, when approved by the contracting officer) must be based on quantities that are 

representative of the quantities expected to be purchased under the contract. For example, an invoice for a quantity of 1 

will not be accepted when the Government routinely purchases quantities well in excess of that amount. Conversely, an 

invoice (or quotes, when approved by the contracting officer) based upon a quantity significantly larger than expected to 

be purchased under the contract will not be accepted. Quotes shall not be used for the purpose of submitting a price 

lower than an existing invoice price within the offeror's possession for the particular time period required by the 

Solicitation. This type of gamesmanship (i.e. lowballing) threatens the integrity of the procurement process and runs 

afoul of the clear intention of this Solicitation. As such, it will not be tolerated. By submitting a quote, the offeror is 

certifying that it did not purchase, nor have in stock, the item for the time period being evaluated. Information that is later 

obtained by the Contracting Officer that casts doubt on the veracity of this certification will be handled as appropriate per 

the terms of this Solicitation, applicable regulations, laws, or otherwise. The Contracting Officer has the sole authority 

and ultimate discretion in addressing the above-identified situations and scenarios and ultimately deciding on what 

information is acceptable and substantiates an offeror's proposed Delivered Prices. 

 

Any quote must be presented in the following manner: 

 

(a) Detailed on Manufacturer, Grower, or Private Label Holder letterhead; 

(b) Date price quote was supplied; 

(c) Time period price quote is effective; to include expiration date; 

(d) Quantity covered by price quote; 

(e) Manufacturer, Grower, or Private Label Holder part number; and 
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(f) Manufacturer, Grower, or Private Label Holder's point of contact: including name, title, address, and phone 

numbers. 

 

 

E. Contract Unit Prices 

 

1. Prices must not extend more than two places to the right of the decimal point. Standard rounding methods must be 

observed. For example, a delivered price of $2.215 or higher must be rounded up to $2.22 and a price of $2.214 or lower 

must be rounded down to $2.21. 

 

2. If an offeror carries a variety of brands for the same item, the price submitted shall be for the lowest priced, technically 

acceptable, item that meets the Government's minimum requirements. 

 

3. All items procured under the resultant contract are subject to all contractual clauses and regulations, including, but not 

limited to, DFARS 252.225-7012, Preference for Certain Domestic Commodities, and the requirement that items be 

procured from a sanitarily approved source. All invoices and quotes must contain sufficient information to clearly reflect 

compliance with solicitation/contract terms and conditions. 

 

4. Offerors are required to submit a spreadsheet containing the following information (Attachment 1): 

 

(a) Government Item Number

(b) Stock Number

(c) Average Gov't Case Weight: Provided. 

(d) Item Description: Government Item Description. 

(e) Estimated Quantity: Quantity provided. 

(f) Unit of Issue: Self-explanatory. Note: Unit of Issue must be the same as that identified in the Government's 

Schedule of Items. 

(g) Delivered Price (DEP): The price you actually paid for the item minus any applicable Rebates/Discounts, as 

substantiated by a Manufacturer, Grower, or Private Label Holder invoice or quote. In limited circumstances 

as described above, this price may be substantiated by a Redistributor's invoice (Redistributor Exception). 

Conversely, under no circumstances will a quote be accepted from a Redistributor. 

(h) Distribution Price (DIP): Your distribution price. 

(i) Contract Unit Price: (Delivered Price - Rebates/Discounts) + Distribution Price. 

(j) Total Delivered Price: (Delivered Price - Rebates/Discounts) * Estimated quantity. 

(k) Total Distribution Price: Distribution price * Estimated quantity. 

(l) Total Evaluated Price: Total Delivered Price + Total Distribution Price. 

(m) Tier 2 Distribution Price: 

(n) Tier 3 Distribution Price: 

 

F. Instructions for Proposal Schedule of Items Spreadsheet - Attachment 1 

 

1. Please fill in the white boxes only for each Group. For Group 1, DoD Troop customers (Los Angeles, CA) -, fill in delivered 

price, including Freight, cells G8 to G67, For Group 2, Non-DoD Schools and Reservation customers (Los Angeles, CA) 

-, fill in Delivered Price, including Freight, cells G8 to G49. For Group 3, DoD Troop Customers (San Diego, CA) -, fill in 

Delivered Price, including Freight, cells G8 to G67. For Group 4, Non-DoD School and Reservation customers (San 

Diego, CA) -, fill in Delivered Price, including Freight, cells G8 to G49. The offeror may propose different Distribution 

Prices for each Group and for each Tier, but all items within each Tier shall have the same distribution price. The offeror 

must submit Tier period Distribution Prices by filling in cells H8 for Tier 1, M8 for Tier 2 and N8 for Tier 3 for Groups 1, 2, 

3, and 4 in Attachment 1. The spreadsheet will automatically calculate your total evaluated price for each Tier. All prices 
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must be rounded to two places to the right of the decimal point using standard rounding methods (see paragraph A.2. 

above). If an offeror does not submit Distribution Prices for the Tier periods, the offeror's proposal may be rejected as 

technically unacceptable. Distribution Prices by Tier are to be expressed in dollars and cents only. An offeror may 

elect to offer no change in the Distribution Prices over the life of the contract. If you are not changing tier period 

Distribution Prices, all offerors must fill in cell M8 for Tier 2 and N8 for Tier 3 with the same distribution pricing as th "Tier 

1 Price" column. Failure to do so will be read as the offeror's intention to have the most recent preceding Tier 

distribution price apply to the subsequent Tier periods. As a reminder, all offerors must submit ONE DISTRIBUTION 

PRICE per Tier that will apply to every item in a Group in the Schedule of Items. Multiple Distribution Prices within a Tier 

period will not be accepted. 

 

2. When preparing the spreadsheet, totals must appear in the rows titled “TIER 1 EVALUATION”, “TIER 2 EVALUATION”, 

“TIER 3 EVALUATION”, and “TOTAL EVALUATION INCLUDING ALL TIERS”. 

 

G. Financial Arrangements: As part of a proposal, an offeror must submit, on signed letterhead, a list identifying any and all financial 

arrangements under which the offeror: 

 

(i) receives money from any of the offeror's suppliers, and 

(ii) asserts that such money is not a rebate, discount, or other economic incentive that would be owed to the Government 

under the terms of this solicitation and the resulting contract. 

 

The offeror must provide the name of each supplier with whom the contractor has such a financial arrangement(s), provide a brief 

description of each financial arrangement, provide written agreement, and explain why the offeror believes that each financial 

arrangement should not be considered a rebate, discount, or other incentive that would be owed to the Government under the 

terms of this solicitation and the resulting contract. 

 

Note: A negative response is required. 

 

H. Proposal Submission: Each offeror must submit: 

 

(i) a signed copy of the solicitation (and amendments, if applicable), 

(ii) all solicitation attachments (including Attachment 1 with proposed prices), 

(iii) signed financial arrangement information, 

(iv) a copy of a valid PACA License, and 

(v) a valid GAP/GMP audit for each place of performance. Failure to do so may render an offeror's proposal technically 

unacceptable. 

 

No hard copy is required when submitting a proposal through email or DIBBS. 

 

For email submissions, offerors are reminded to limit the file size of any required documents being emailed, i.e., signed copy of the 

solicitation, amendments, completed Attachment 1, PACA license, financial arrangement letter, completed list of Places of 

Performance, valid USDA Good Agricultural Practices and USDA Plant Systems Audit and Good Manufacturing Practices 

(GMP) or independent third-party certifying company audit inspection reports / certificates, invoices, etc. No individual document 

submitted should be greater that 5MB and no entire email should be larger 10 MB. Multiple emails are likely necessary. When 

submitting multiple emails as a proposal submission, label each email with a number (e.g., 1 of 8), accordingly. In addition, label 

each individual document according to submission requirement with which it corresponds. 

 

 

52.212-2 -- Evaluation -- Commercial Items. 

This provision is incorporated by reference. 
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Addendum to FAR 52.212-2 

 

The following paragraphs of 52.212-2 are amended or added as indicated below: 

 

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

solicitation will be most advantageous to the Government, price and other factors considered. Lowest Price Technically Acceptable (LPTA) 

source selection procedures will be used as the source selection method in this procurement. The following factors shall be used to evaluate 

offers: 

 

1. Technical Acceptability - A technically acceptable offer is an offer that takes no exceptions to the terms and conditions in the 

solicitation and complies fully with all submission requirements, including submissions relating to the two subfactors listed below. A 

proposal that takes exception to solicitation terms and conditions or that fails to comply with all submission requirements may be 

deemed technically unacceptable and, thus, may be found ineligible, and removed from further consideration, for the award. By 

submitting a proposal with no exceptions, an offeror is confirming it possesses the necessary facilities, equipment, technical skills and 

capacity to successfully provide all items required by this solicitation. The following sub-factors will be evaluated and must be found 

acceptable for a proposal to be eligible for award: 

 

A. Perishable Agricultural Commodities Act (PACA) License - The offeror shall possess and submit proof of a valid current 

PACA license. 

 

B. Good Agricultural Practices (GAP) and Good Manufacturing Practices (GMP) Audit - The offeror shall submit a valid, 

current USDA GAP/GMP audit report / certificate covering a full range of fresh fruits and vegetables for each place of 

performance identified in the offeror's proposal. The audit report must demonstrate a passing score, and specifically passing 

in the following parts: General, Wholesale Distribution (6) and Preventive Food Defense (7). In lieu of a USDA GAP/GMP 

audit report / certificate, the offeror may submit an audit report / certificate conducted by a recognized private independent 

third-party certifying company certifying to an industry recognized food safety standard that exceeds all aspects of the USDA 

GAP/GMP audit report / certificate requirements. The audit report(s) must demonstrate that a passing score(s) was/were 

received. NOTE: Offerors relying on a non-USDA GAP/GMP audit report / certificate must agree to have a USDA GAP/GMP 

audit report / certificate for each place of performance by the start of contract performance. 

 

2. Pricing - Pricing is required for all items found in the Schedule of Items (for each Group, if applicable) and for all tiers. Failure to 

offer pricing for all items and failing to properly substantiate all pricing for all tiers may result in a proposal being removed from 

consideration for award as technically unacceptable. The Government will perform an aggregate price analysis on all items found in 

the Schedule of Items (for each Group, if applicable). To determine an offeror's Evaluated Aggregate Price, the Weighted Aggregate 

Distribution Price will be added to the Aggregate Delivered Price. Please refer to paragraph (d) of this provision for further details 

regarding these price components. The award(s) will be made on the basis of the lowest Evaluated Aggregate Price (for each Group, 

if applicable) of proposals meeting or exceeding the acceptability standards for non-price factors. The Government reserves the right 

to remove item(s) from the Schedule of Items or do a common item comparison if offerors do not submit pricing for all items. Prior to 

award, the offered prices of the presumptive awardee(s) will be evaluated on an individual line-item basis to determine whether each 

price is fair and reasonable using analytical techniques deemed appropriate by the Contracting Officer in her/his complete discretion. 

 

(b) Options are not included in this solicitation. 

 

(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. 
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(d) Price Components: 

 

1. Weighted Aggregate Distribution Price: 

 

Aggregate Distribution Price is obtained by first multiplying the proposed distribution price for each item in the Schedule of Items by 

the item's estimated quantity to calculate the total distribution price for each item. Then, the total distribution prices of all items will be 

added together to determine the total distribution price for tier 1. The total distribution price for each subsequent tier will also be 

calculated. The total distribution prices for all tiers will be added together to determine the Aggregate Distribution Price. The 

Aggregate Distribution Price is then multiplied by a weighting factor of 6 to arrive at the Weighted Aggregate Distribution Price. Note: 

the weighting factor is applied only to the overall Aggregate Distribution Price (not on a line item basis), and is to be used for 

evaluation purposes only. The Government's use of a weighting factor of 6 for distribution pricing is done in order to more accurately 

balance the significance of the pricing components and their respective impact on any subsequent contract(s) issued under this 

solicitation. 

 

2. Aggregate Delivered Price: 

 

The Aggregate Delivered Price is obtained by first multiplying the proposed delivered price of each item in the Schedule of Items by 

the item's estimated quantity to calculate the total delivered price for each item. Then, the total delivered prices of all items will be 

added together to determine the total delivered price for tier 1. The total delivered price for each subsequent tier will also be 

calculated. The total delivered prices for all tiers will be added together to determine the Aggregate Delivered Price. 

 

3. Evaluated Aggregate Price: 

 

The Evaluated Aggregate Price is obtained by adding the Weighted Aggregate Distribution Price and Aggregate Delivered Price 

together. 

 

4. For purposes of the Price Proposal Evaluation, Weighted Aggregate Distribution Price and Aggregate Delivered Price are 

considered equal. This equality is accounted for mathematically by applying a weighting factor of 6 (based on current Government 

data) to the Aggregate Distribution Price. 

 

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS---COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 

2022) FAR

As prescribed in 12.301(b)(2), insert the following provision: 

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

System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications 

electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. 

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

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

Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and 

unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United 

States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible 

under the WOSB Program.

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

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself 

voluntarily; or 
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(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. 

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an 

immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or 

more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the 

common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), 

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

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

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

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

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence; 

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

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

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

(8) PSC 9610, Ores; 

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

(10) PSC 9630, Additive Metal Materials. 

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

finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of 

manufacture.

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

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

Services or Equipment.

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

activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). 

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and 

Divestment Act of 2007) conducting the business can demonstrate --

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted 

under Federal law from the requirement to be conducted under such authorization; 

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

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

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

(6) Have been voluntarily suspended. 

Sensitive technology --

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -- 

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to 

section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). 

Service-disabled veteran-owned small business concern -- 

(1) Means a small business concern -- 

(i) Not less than 51 percent of which is owned by one or more service --disabled veterans or, in the case of any publicly owned business, not less than 51 

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled 

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). 

Small business concern -- 

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on 

Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation. 

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

party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors 

including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 

121.103. 

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the 
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acquisition, that --

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are 

citizens of the United States; and 

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

13 CFR 124.104(c)(2); and 

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

paragraphs (1)(i) and (ii) of this definition. 

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

(1) Directly by a parent corporation; or 

(2) Through another subsidiary of a parent corporation. 

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often 

through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. 

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern -- 

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not 

less than 51 percent of the stock of which is owned by one or more veterans; and 

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, 

at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

owned by one or more women; and 

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern 

that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more 

women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the 

representations and certifications in SAM. 

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing 

SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, 

Offeror Representations and Certifications -- Commercial Products and Commercial Services have been entered or updated in the last 12 months, are current, 

accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this 

solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs 

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if 

any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this 

offer. 

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted 

electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all 

that apply. 

(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. 

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] 

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in 

paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business 

concern. 

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. 

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in 

paragraph (c)(5) of this provision.] The offeror represents that -- 

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change 

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

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision 

is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the 
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WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible 

under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. 

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern 

eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that -- 

(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse 

decisions have been issued that affects its eligibility; and 

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is 

accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small 

businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the 

EDWOSB representation. 

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold. 

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not 

represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, a women-owned business concern. 

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs 

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The 

offeror represents, as part of its offer, that -- 

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business 

Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee 

percentage have occurred since it was certified in accordance with 13 CFR Part 126; and 

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of 

this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each 

of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the 

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

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

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

(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and 

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

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

(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules 

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

(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of 

Labor. 

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By 

submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any 

person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an 

employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying 

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its 

offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed 

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

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this 

solicitation.) 

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than 

COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The 

offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end 

product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially 

available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the 

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

(2) Foreign End Products:

Line Item No. Country of Origin

 

[List as necessary] 

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

(g)(1) Buy American --Free Trade Agreements --Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American --Free Trade 
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Agreements --Israeli Trade Act, is included in this solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for 

other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. 

The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” 

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

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

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

or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade 

Act” 

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

Line Item No. Country of Origin

[List as necessary] 

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause 

of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act.” The offeror shall list as other foreign end products those end 

products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the 

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

Other Foreign End Products

Line Item No. Country of Origin

[List as necessary] 

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

(2) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this 

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American --Free 

Trade Agreements --Israeli Trade Act”: 

Canadian End Products

Line Item No.

[List as necessary] 

(3) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this 

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled 

“Buy American --Free Trade Agreements --Israeli Trade Act”: 

Canadian or Israeli End Products: 

Line Item No. Country of Origin

[List as necessary] 

(g)(4) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this 

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, 

Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --

Israeli Trade Act”: 

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

Products:
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Line Item No. Country of Origin

[List as necessary] 

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, 

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

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. 

Other End Products:

Line Item No Country of Origin

[List as necessary] 

 (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the 

Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The 

Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no 

offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. 

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified 

acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals -- 

(1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; 

(2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission 

of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; 

violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or 

destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property, 

(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses 

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

(4) Have, [ ] have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the 

threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. 

(i) Taxes are considered delinquent if both of the following criteria apply: 

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending 

administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have 

been exhausted. 

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and 

required. A taxpayer is not delinquent in cases where enforced collection action is precluded. 

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a 

proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final 

tax liability until the taxpayer has exercised all judicial appeal rights. 

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 

entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS 

determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had 

no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this 

will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. 

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with 

the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. 

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the 

Bankruptcy Code). 

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)

(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or 

Indentured Child Labor, unless excluded at 22.1503(b).] 

(1) Listed end products. 

Listed End Product

Listed End Product Listed Countries of Origin
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Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must 

certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] 

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding 

country as listed for that product. 

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding 

country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to 

mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any 

such use of child labor. 

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes 

only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly -- 

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total 

anticipated price of offered end products manufactured outside the United States); or 

(2) [ ] Outside the United States. 

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with 

respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting 

officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] 

(1) [ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that -- 

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or 

subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; 

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the 

maintenance, calibration, or repair of such equipment; and 

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these 

employees and equivalent employees servicing the same equipment of commercial customers. 

(2) [ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ] does [ ] does not certify that -- 

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the 

case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; 

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); 

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less 

than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less 

than a month) servicing the Government contract; and 

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these 

employees and equivalent employees servicing commercial customers. 

(3) If paragraph (k)(1) or (k)(2) of this clause applies -- 

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards 

wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and 

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or 

to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. 

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to SAM to 

be eligible for award.) 

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 

U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue 

Service (IRS). 

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government 

(31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may 

be matched with IRS records to verify the accuracy of the offeror's TIN. 

(3) Taxpayer Identification Number (TIN).

[ ] TIN: . 

[ ] TIN has been applied for. 

[ ] TIN is not required because: 

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or 

business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; 

[ ] Offeror is an agency or instrumentality of a foreign government; 

[ ] Offeror is an agency or instrumentality of the Federal Government. 

(4) Type of organization.

[ ] Sole proprietorship; 
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[ ] Partnership; 

[ ] Corporate entity (not tax-exempt); 

[ ] Corporate entity (tax-exempt); 

[ ] Government entity (Federal, State, or local); 

[ ] Foreign government; 

[ ] International organization per 26 CFR 1.6049-4; 

[ ] Other . 

(5) Common parent.

[ ] Offeror is not owned or controlled by a common parent; 

[ ] Name and TIN of common parent: 

Name . 

TIN . 

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business 

operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made 

available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 

9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. 

(2) Representation. The Offeror represents that -- 

(i) It [ ] is, [ ] is not an inverted domestic corporation; and 

(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. 

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning 

sensitive technology to the Department of State at CISADA106@state.gov. 

(2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of 

its offer, the offeror -- 

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or 

individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under 

section 5 of the Iran Sanctions Act; and 

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at 

FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are 

blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked 

Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). 

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if -- 

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and 

(ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique 

entity identifer in the solicitation). 

(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint 

venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. 

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information: 

Immediate owner CAGE code: . 

Immediate owner legal name: . 

(Do not use a “doing business as” name) 

Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. 

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then 

enter the following information: 

Highest-level owner CAGE code: . 

Highest-level owner legal name: . 

(Do not use a “doing business as” name) 

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 

745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent 

appropriations acts, The Government will not enter into a contract with any corporation that -- 

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and 

that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is 

aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or 

debarment is not necessary to protect the interests of the Government; or 

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the 
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conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect 

the interests of the Government. 

(2) The Offeror represents that -- 

(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have 

been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax 

liability; and 

(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) 

(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. 

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or 

grant within the last three years (if more than one predecessor, list in reverse chronological order): 

Predecessor CAGE code: (or mark “Unknown”). 

Predecessor legal name: . 

(Do not use a “doing business as” name). 

(s) [Reserved] 

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)). 

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation 

is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. 

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highestlevel owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a 

greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the 

Greenhouse Gas Protocol Corporate Standard. 

(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas 

emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific 

quantity or percentage. 

(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. 

(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site

(s) where greenhouse gas emissions and/or reduction goals are reported. 

(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and 

its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use 

appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, 

fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully 

reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive 

such information. 

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information 

Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department 

or agency governing the nondisclosure of classified information. 

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal 

confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse 

related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency 

authorized to receive such information (e.g., agency Office of the Inspector General). 

(v) Covered Telecommunications Equipment or Services --Representation. Section 889(a)(1)(A) of Public Law 115-232. 

(2) The Offeror represents that -- 

(i) It [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the 

performance of any contract, subcontract, or other contractual instrument. 

(ii) After conducting a reasonable inquiry for purposes of this representation, that it [ ] does, [ ] does not use covered telecommunications equipment or 

services, or any equipment, system, or service that uses covered telecommunications equipment or services. 

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 

(MAY 2022) , ALT I (OCT 2014) FAR

As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: 

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) 

[ ] Black American.

[ ] Hispanic American.

[ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

[ ] Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, 
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Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of 

Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

[ ] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives 

Islands, or Nepal).

[ ] Individual/concern, other than one of the preceding.

PROVISIONS ADDED TO PART 12 BY ADDENDUM

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) FAR

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) FAR

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

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 by unique location; or 

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

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. 

(b) 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 (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. 

(c) If the Offeror indicates “has” in paragraph (b) 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. 

(d) If the Offeror indicates “yes” in paragraph (c) 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) 

(End of provision)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) FAR

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

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 by unique location; or 

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

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

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. 

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. 

(c) If the Offeror has indicated “is” in paragraph (b) 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): 
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Predecessor CAGE code: (or mark “Unknown”). 

Predecessor legal name: . 

(Do not use a “doing business as” name).

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

As prescribed in 204.7304 (a), use the following provision: 

COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) 

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

“Controlled technical information,” “covered contractor information system,” “covered defense information,” “cyber incident,” “information 

system,” and “technical information” are defined in clause 252.204-7012 , Safeguarding Covered Defense Information and Cyber Incident 

Reporting. 

(b) The security requirements required by contract clause 252.204-7012 , shall be implemented for all covered defense information on all 

covered contractor information systems that support the performance of this contract. 

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the 

Government (see 252.204-7012 (b)(2) -- 

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of 

Standards and Technology (NIST) Special Publication (SP) 800-171 “Protecting Controlled Unclassified Information in Nonfederal Information 

Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as 

authorized by the contracting officer not later than December 31, 2017. 

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time 

the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the 

DoD Chief Information Officer (CIO), a written explanation of -- 

(A) Why a particular security requirement is not applicable; or 

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular 

requirement and achieve equivalent protection. 

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in 

writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract. 

(End of provision) 

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER 

ANY FEDERAL LAW (FEB 2016) FAR

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar 
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provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that -- 

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and 

that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is 

aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or 

debarment is not necessary to protect the interests of the Government; or 

(2) 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. 

(b) The Offeror represents that -- 

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have 

been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax 

liability; and 

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(End of provision)

M05 EVALUATION FACTOR FOR USED, RECONDITIONED, REMANUFACTURED SUPPLIES OR UNUSED FORMER GOVERNMENT 

SURPLUS PROPERTY (SEP 2016)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST AND PRICING 

DATA (NOV 2021) FAR

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for 

exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting 

information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and 

reasonable. 

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or 

similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting 

office. 

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall 

submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market 

that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include - 

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a 

statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current 

discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain 

the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the 

price of recent sales in quantities similar to the proposed quantities; 

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, 

and applicable discounts. In addition, describe the nature of the market; 

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been 

granted for the schedule item. 

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, 

documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. 

For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data 

relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace. 

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or 

pricing data, the following applies: 

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting 

attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same 

force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be 

used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I. 

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the 

offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2. 

(End of provision)

L09 REVERSE AUCTION (OCT 2016)

52.216-1 TYPE OF CONTRACT (APR 1984) FAR

The Government contemplates award of a Fixed Price, with EPA, Indefinite Quantity Contract (IQC) contract resulting from this solicitation. 

(End of provision)

252.225-7000 BUY AMERICAN STATUTE - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014) DFARS
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(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 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) 

 

(End of provision) 

252.225-7000 BUY AMERICAN STATUTE---BALANCE OF PAYMENTS PROGRAM CERTIFICATE)---ALTERNATE I (NOV 2014) 

DFARS

Alternate I. As prescribed in 225.1101 (1) and (1)(ii), use the following provision, which adds “South Caucasus/Central and South Asian (SC/CASA) state” 

and “South Caucasus/Central and South Asian (SC/CASA) state end product” in paragraph (a), and replaces “qualifying country end products” in paragraphs 

(b)(2) and (c)(2) with “qualifying country end products or SC/CASA state end products”:

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” 

“qualifying country end product,” “South Caucasus/Central and South Asian (SC/CASA) state,” “South Caucasus/Central and South Asian (SC/CASA) state 

end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments Program --Alternate I 

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 or SC/CASA state 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 --Alternate I 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 or SC/CASA state 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 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) 

 

(End of provision)

252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (MAY 2022) DFARS

L06 AGENCY PROTESTS (DEC 2016)

5452.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) DLAD
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(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the 

parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort 

when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. 

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

rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, 

for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and 

with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before 

determining ADR to be inappropriate. 

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

[ ] Alternate wording may be negotiated with the contracting officer. 

52.252-1 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: https://www.acquisition.gov/?q=browsefar 

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

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx 

 (End of provision)

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES---REPRESENTATION (DEC 2019) DFARS

As prescribed in 204.2105 (a), use the following provision: 

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered defense telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its 

offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)

252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS SUCH NETWORK 

IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES---REPRESENTATION (DEVIATION 2021-O0003) (APR 2021)

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that 

extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act 

for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to 

pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement 

agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the 

national defense, including intelligence activities. 

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or 

establish a computer network unless such network is designed to block access to pornography websites. 

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (NOV 2021) FAR

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered 

telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or 

other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services --Representation, or in 

paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services . The Offeror 

shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications 

equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the 

provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. 

(a) Definitions. As used in this provisionBackhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and 

substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and 

Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the 

head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any 
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equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as 

critical technology as part of any system. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as 

backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that 

such equipment transmits or otherwise handles. 

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an 

executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, 

system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical 

technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use 

is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as 

backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such 

equipment transmits or otherwise handles. 

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered telecommunications equipment or services.” 

(d) Representations. The Offeror represents that -- 

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract 

or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) 

of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and 

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that -- 

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered 

telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if 

the Offeror responds “does” in paragraph (d)(2) of this section. 

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in 

paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the 

entity was the original equipment manufacturer (OEM) or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part 

number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be 

permissible under the prohibition in paragraph (b)(1) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being 

maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or 

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered 

telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this 

provision. 

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of 

this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the 

entity was the OEM or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part 

number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be 

permissible under the prohibition in paragraph (b)(2) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being 

maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or 

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications 

services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. 

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES---REPRESENTATION (OCT 2020) FAR

As prescribed in 4.2105(c), insert the following provision: 

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, 
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Part 12 Provisions (CONTINUED)

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered 

products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered 

telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. 

 (End of provision)

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 “i ntends” in paragraph (a) of this provision, it shall insert in the following spaces the required 

information: 

 

Place of Performance

(Street Address, City, State, County, ZIP Code) 

____________________ ______________________________ 

__________________________________________________ 

__________________________________________________ 

 

Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent 

__________________________________________________ 

__________________________________________________ 

__________________________________________________ 

(End of Provision) 

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN - 

REPRESENTATION AND CERTIFICATION (JUN 2020) FAR

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS —NOTICE AND REPRESENTATION (JUN 2020) FAR

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, 

manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the 

United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means --

(1) A citizen or resident of the United States; 

(2) A domestic partnership; 

(3) A domestic corporation; 

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and 

(5) Any trust if -- 

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and 

(ii) One or more United States persons have the authority to control all substantial decisions of the trust. 

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such 

payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7. 

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an 

exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign 

Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and selfcertified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax 

are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring 

agency rather than to the IRS. 

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that -- 

(1) It [ ] is [ ] is not a foreign person; and 

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that --I am claiming on the IRS Form W-14 [ ] 

a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax. 

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then -- 
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(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and 

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be 

applied to any resulting contract and the Government will withhold a full 2 percent of each payment. 

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to 

withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract. 

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is 

called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue 

Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of 

facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)