SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000087791

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-20-R-0006

5. SOLICITATION NUMBER

2020 JUN 08

6. SOLICITATION ISSUE 

 DATE

MATTHEW DEPETRIS DMD0067

a. NAME

Phone: 215-737-2159

b. TELEPHONE NUMBER (No Collect

 calls)

2020 JUL 08

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

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

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311999

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 64
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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TECHNICAL REQUIREMENTS

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

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

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

THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE 

REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES 

A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. 

 

NOTICE TO OUR VALUED SUPPLIERS 

 

THE FOLLOWING REQUIRE INFORMATION TO BE FURNISHED BY EACH OFFEROR. 

 

Continuation of Blocks from SF 1449 

 

2. Block 9

 

DIBBS electronic upload is the preferred method of proposal submission. The offer must be signed and completed in its entirety 

in accordance with the solicitation requirements. Once submitted, documents may be added, but not removed. 

 

3. Block 17a

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

(If you do not have a DUNS number, 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 Dun and Bradstreet.) 

 

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

 

4. Block 17b

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

 ________________________________ 

 ________________________________ 

 ________________________________ 

 

5. Blocks 19-22

 

 Line No.: 0001

 NSN: 8905-01-538-9113

 Nomenclature: Pouched Bacon 

 

 

AUTHORIZED NEGOTIATORS: 

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

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

authorized negotiator. 

 

_____________________________________________________________________________ 
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_____________________________________________________________________________ 

 

 

Any questions may be directed to: 

Acquisition Specialist, Matthew DePetris at Matthew.Depetris@dla.mil

AND/OR 

Contracting Officer, Noreen Killian at noreen.killian@dla.mil 

 

1. Complete Standard Form 1449 fill-ins and return the entire solicitation. 

 

i. Procurement Note L09 Reverse Auction (OCT 2016) is applicable as determined by the contracting officer. 

ii. In accordance with DLAD 252.225-7012 the Berry Amendment shall be applicable. 

 

2. Complete Schedule of Supplies (Offered Prices). 

 

3. Complete the CAGE Code and DUNS number spaces. 

 

4. Complete all of the following and any additional Offeror Representations and Certifications: 

 

a. AUTHORIZED NEGOTIATORS 

 

b. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --COMMERCIAL ITEMS 

 

c. PLACE OF PERFORMANCE 

 

5. Complete clause FAR 52.212-1- Instructions to Offerors- Commercial Items (Oct 2018) 

 

6. Product Demonstration Models 

 

7. Complete the Integrated Pest Management (IPM) and Food Defense/Protection Plan 

8. The following documents must be included in the offer 

a) Food Defense Plan 

b) Subcontracting Plan (not required for small business concerns) 
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SYSTEM FOR AWARD MANAGEMENT 

 

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

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

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

“SYSTEM FOR AWARD MANAGEMENT” (SAM) DATABASE TO BE ELIGIBLE FOR AWARD (SEE FAR 

CLAUSE 52.212-4(t)). Your CAGE code must be active and there must be at least one individual listed as the Electronic 

Business Point of Contact (EB POC) in SAM. To register or update profile please go to the SAM website at: http://www.sam.

gov

 

 

SCHEDULE OF SUPPLIES 

 

1. Item Description 

 

CLIN 0001 

NSN: 8905-01-538-9113 

Item Description: BACON, PRECOOKED, SLICED, IN FLEXIBLE POUCHES 

Specification: CID A-A-20081G, PKG&QAP A-A-20081G (UNITIZED GROUP RATIONS ONLY). The shelf life 

requirement of this item is 36 months.

 

 Est. Annual Qty. Unit of Firm Fixed Portion Total 

 Issue Price Subject to EPA Unit Price 

 

Tier 1 30,000 PG $_________ $__________ $__________ 

Tier 2 30,000 PG $_________ $__________ $__________ 

Tier 3 30,000 PG $_________ $__________ $__________ 

Tier 4 30,000 PG $_________ $__________ $__________ 

Tier 5 30,000 PG $_________ $__________ $__________ 

 

*Offer on each Tier is mandatory. One tier is equal to 365 days or one year. 

For the five-year period, the minimum and maximum quantities are as follows: 

 

Minimum Quantity: 60,000 PG 

Maximum Quantity: 400,000 PG 

 

2. All prices offered must be F.O.B. Destination. Prices must include freight to the following destination: 

 

Defense Depot Tracy 

W62G2T 

W1BG DLA DISTRIBUTION 

25600 S. CHRISMAN ROAD 

WAREHOUSE NO. 30, SECTION 2 - UGR 

TRACY, CA 95376-5000 US 

 

Unit prices shall be formatted using no more than two decimal places. Ex: $XX.XX 

 

 

The required delivery date (RDD) will be 60 days after issuance of each delivery order. The initial RDD will be 90 days. Due to 
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the time sensitive nature of UGR components, quotes containing proposed delivery dates outside of the 60-day requirement will 

NOT be considered. 

 

3. Effective Period of Contract: Date of award through 1,825 days. Note: Deliveries may fall outside of effective period. 

 

See FAR clause 52.216-22, Indefinite Quantity and DFARS clause 252.216-7006, Ordering for delivery periods and ordering. 

 

4. See clause 52.216-19 -ORDER LIMITATIONS - for individual delivery order quantities. COMPLETE DELIVERY 

INSTRUCTIONS WILL BE PROVIDED WITH EACH DELIVERY ORDER.

 

5. PRE-AWARD PLANT SURVEY: To determine the responsibility of prospective contractors, the government reserves the 

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

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

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

availability of components, materials machinery and tooling. 

 

 

STATEMENT OF WORK 

 

1. INTRODUCTION 

 

DLA Troop Support intends to enter into one Firm-fixed Price Indefinite Quantity contract with the purpose to provide 

Pouched Bacon to be used in the Unitized Group Ration - Heat & Serve and UGR-M Programs. 

 

This solicitation is hereby issued using Low Price Technically Acceptable (LPTA) award methodology. Offerors must 

meet all terms, conditions, and requirements of this solicitation. See FAR Provision 52.212-2 Evaluation-Commercial 

Items for evaluation criteria. DLA Troop Support will use Low Price Technically Acceptable procedures to evaluate all 

offers. A Technical Proposal will be determined Technically Acceptable if it meets all terms and conditions of 

Government's submission requirements of the solicitation. The Pricing Proposal will be determined to be the lowest 

awardable total aggregate dollar value according to the unit price multiplied by the maximum ceiling quantity. The 

required submissions must be received from offerors before the time set for closing. Failure to furnish this information by 

the time specified may be cause for rejection if not otherwise acceptable under FAR provisions for considering late offers. 

In order to receive consideration for award, both the lowest awardable price and technical acceptability must be met. 

Technical acceptability will be rated as either acceptable or unacceptable. Price must be determined fair and reasonable. 

 

The Government will award an indefinite quantity contract resulting from this solicitation to the responsible offeror whose 

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

following factors shall be used to evaluate offers: 

 

 (i) Technical evaluation: PDM's evaluation. 

 (ii) Price 

 

 

Note: Technical factors and Price will be evaluated equally. 

 

2. CONTRACTING AUTHORITY 

 

A. DLA Troop Support Contracting Officer is the ONLY person authorized to approve changes to, or modify any requirement 

of the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with the DLA 

Troop Support Contracting Officer. 

 

 B. In the event the vendor effects any change at the direction of any person other than the DLA 
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Troop Support Contracting Officer, the change will be considered to have been made without authority and no adjustments will 

be made to cover any costs associated with such change. 

 

3. NEGOTIATIONS 

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

negotiations if determined by the Contracting Officer to be necessary. Initial responses to negotiations shall be in a form of 

communication customary in the industry for transmitting information to include phone, facsimile transmission, letter, inperson and e-mail. 

 

 

4. TECHNICAL/QUALITY DATA 

 

I. Product Demonstration Model (PDM) Information: 

Product Demonstration Model (PDM): The Government requires Product Demonstration Models (PDMs) for each item while 

the solicitation is open. The PDMs must be received no later than the time set for closing of offers. Offers will be evaluated to 

determine compliance with all characteristics listed for evaluation in FAR 52.212-2 herein. Failure to furnish this information 

and PDMs by the time specified in the solicitation may be cause for rejection of the proposal. The offer may be rejected under 

the late offer clause or may be rejected because additional submissions will be tantamount to a submission of a new offer. A 

cover letter may accompany the offer to set forth any information you wish to bring to the attention of the Government. 

Solicitation Provisions:

Product Demonstration Models (PDMs) are to be submitted at no expense to the Government and must be received prior to the 

time set for closing of offers. PDMs will become the property of the Government and will not be returned to the offeror. Failure 

to submit PDMs may result in rejection of an offer. 

a. The PDM is the standard to which all production under any contract resulting from this solicitation must conform. 

Offerors are cautioned that samples produced in test facilities may not be comparable to the product produced on a 

production line, which result in rejection of the product. Also major changes in production methodology or packaging, 

such as implementation of new technology, may result in production that does not meet the production standard, which 

would require the submission and evaluation of new PDMs. Should the contractor at any time plan to, or actually 

produce the product using different raw material or process methodologies from the approved Product Standard, which 

result in a product non-comparable to the Product Standard, the contractor shall arrange for a Replacement PDM 

approval. In any event, all product produced must meet all requirements of this document including Product Standard 

comparability. 

b. The Government will evaluate the PDMs for compliance with the item descriptions and product specifications and will 

also evaluate the sensory attributes of the food product to include appearance, odor, flavor and texture using the 

recognized 9-point quality rating scale to determine product quality. PDMs must conform to all specification/

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

Product offered shall conform to all packaging, labeling, and packing requirements as well as analytical requirements. 

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

c. Vendors shall have one opportunity to correct any deficiencies found during the evaluation of PDMs submitted as part of 

the initial proposal and have their PDM pass evaluation. Vendors are advised that if they have any unacceptable PDMs 

after the second evaluation, their proposal will be determined to be technically unacceptable and they will not be 

considered for award. The Government shall require each PDM to be rated as “Acceptable”. Revised or alternate PDMs 

submitted during negotiations shall be evaluated for the same criteria detailed above. 

d. PDMs shall be submitted as follows: 

A total of 30 samples of PDM items shall be submitted as stated below: 

i. A total of 12 PDMs shall be sent to: 

 

Department of the Army 
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U.S. ARMY COMBAT CAPABILITIES 

DEVELOPMENT COMMAND - SOLDIER CENTER 

Natick Soldier Systems Center 

10 General Greene Avenue 

Natick, MA 01760 

Lab # 508-206-3315 

Jill.M.Bates@us.army.mil 

 

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

information:

Product Demonstration Model Sample 

Solicitation Number 

Product Identity 

Lot # 

Company Name and Address 

Point of Contact Name and Phone Number 

 

Inside the case, along with the samples, should be the required paperwork, fully identifying the product, 

solicitation number, contract number (if applicable), whether the item is an Initial, Replenishment, or 

Replacement PDM, USDA certification, any test results available, or any other information to assist in 

identifying the product and conducting the evaluation. 

 

Offerors may direct proposed subcontractors to submit PDM samples directly to Natick on their behalf. 

In those instances, the offeror will send written notification of subcontractor submissions to Natick and 

such PDMs must be clearly labeled for which offeror they are being submitted. This documentation 

must also be part of their proposal. PDMs will not be evaluated until written notification from the 

offeror is received. This consideration does not relieve the offeror of the full responsibility for 

submitting all PDMs in a timely manner. Late submissions of PDMs may be the basis for rejection of 

the proposal. 

 

The Offeror shall provide a complete list of its PDMs submitted, with its technical proposal, to include: 

item, source of supply name and address, and item lot number. Note: Offerors may submit PDMs to 

Natick for evaluation any time after solicitation issuance. However, PDM Samples and documentation 

must be submitted by the deadline for receipt of proposals to the Business Opportunities Office (BOO) 

at DLA TROOP SUPPORT with the aforementioned supplier and lot number information. 

 

ii. A total of 16 PDMs shall be sent to the cognizant in-plant Government inspector. In this instance, the offeror 

shall advise the Government inspector after production of the PDMs and shall obtain a signed statement 

from the inspector confirming possession of the samples and identifying the samples as from the same 

production lot as those submitted to Natick. The offeror shall submit this statement(s) with this balance 

of PDM samples submitted to DLA Troop Support. 

 

iii. The remaining 2 PDMs of the same product lot code as those submitted to Natick and the USDA government 

inspector shall be mailed along with your technical proposal to the following address at DLA Troop 

Support (attn. Noreen Killian) on the first page of the solicitation. Coordinate sample submission with 

the Contracting Officer prior to submittal to DLA Troop Support- Subsistence. 

 

 Defense Logistics Agency

 Troop Support 

 Post Office Box 56667 

 Philadelphia, PA 19111-6667 

 

 
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iv. Late submissions of PDMs may be the basis for rejection of the proposal. 

 

v. The PDMs required in this part of the solicitation, which are submitted to Natick, must have any required 

analytical results included as part of the offer for this technical evaluation factor. The analyticals are to 

be self-certified or certified by the USDA (i.e., testing of official USDA samples by a USDA/AMS 

laboratory) for current suppliers of these items and self-certified by other potential offerors. Failure to 

submit the required certified analyticals with PDMs may result in the proposal not being considered for 

award. The offeror should include applicable documentation to establish that the product has been 

processed to meet commercial sterility requirements. e.g.: including incubation sample results. 

 

 

e. Every 12 months, the Government Quality Assurance Representative (GQAR) will randomly select 12 replenishment 

samples for Natick and 16 replenishment samples for the government's supply at origin from a lot accepted by the 

government for all contractual requirements. The contractor will be responsible for shipment to Natick. This 

replenishment may occur earlier if necessary to ensure an adequate supply of PDM samples. The contractor will also 

use samples from this same lot as the production standard. 

 

i. Replenishment PDMs are defined as product samples used to reestablish the product standard due to depleting 

the current PDM stocks or as required by schedule. Replenishment PDMs will be evaluated for 

appearance, odor, flavor and texture, must be equal to or better than the existing product standard for all 

characteristics, and must meet the requirements for those characteristics in the appropriate product 

technical requirements document or specification(s). Upon acceptance the replenishment PDM will 

become the new product standard.

ii. If a Replenishment PDM is rejected by Natick, the next conforming production lot will be submitted by 

USDA as a Resubmittal PDM Replenishment. This follow-up Resubmittal PDM Replenishment and 

any subsequent Resubmittal lots cannot be shipped by the manufacturer without an acceptable 

evaluation result from Natick. 

iii. The cut-off date for PDM Replenishments will be 18 months. After 18 months, USDA will submit a PDM 

sample to Natick as a Replacement PDM, following the PDM submittal process. The production lot that 

is used for the Replacement PDM submittal cannot be shipped by the manufacturer without an 

acceptable evaluation result from Natick. 

 

f. If the contractor wishes to establish a new standard, that new standard would be called a Replacement PDM. 

Replacement PDMs are defined as product samples that are non-comparable to the established PDM, e.g. due to 

different ingredients or process methodologies. Replacement PDMs are submitted by the contractor and follow the 

same submittal process as the initial PDM. At no time will there be two standards for the product. 

 

 

g. In the event that an offeror's PDM was found technically acceptable, but not offered the award, the offeror may present 

the remainder of the PDM lot, to the Government for purchase at the awarded price. The Government retains the option 

to purchase the remainder of the lot at the order price. 

 

II. INSPECTION AND ACCEPTANCE REQUIREMENTS 

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

greater than a single shift's production. 
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Note: When product is being delivered to Tracy Depot in California, lot numbers will not be mixed on the same pallet. 

 

 

III. ITEM DESCRIPTION 

The below listed item descriptions include the required technical specification (i.e. Performance Contract Requirements (PCRs), 

Commercial Item Descriptions (CIDs), etc) for this acquisition. 

 

NSN: 8905-01-538-9113 

 

Item Description: BACON, PRECOOKED, SLICED, IN FLEXIBLE POUCHES 

Specification: CID A-A-20081G, PKG&QAP A-A-20081G (UNITIZED GROUP RATIONS ONLY)

 

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

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

 

Defense Logistics Agency 

DLA Troop Support 

Ms. Ramona Hemphill, Food Technologist 

ATTN: FTSC 

700 Robbins Avenue, Philadelphia, PA 19111-5092 

Telephone: (215-737-3822) 

e-mail: Ramona.Hemphill@dla.mil

 

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

www.troopsupport.dla.mil/subs/support/specs/procure.asp

 

IV. TRACEABILITY 

 

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

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

codes shall be permanent and legible. 

 

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

12:15), 1296 = October 23, 2011 and 12:15 representing the time of filling/sealing. When not required by specification, the 

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

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

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

 

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

ingredients. This shall be accomplished for the each item, brand and component that is shipped to the Defense Depot 

(Assembler) for the Unitized Group Ration Programs. 

This information shall be made available within 24 hours. 

 

 

V. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS 

 

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

Assurance and Laboratory Service, DLAR 4155.3, Inspections of Subsistence Supplies and Services, DLAD 52.246-9044, 

"SANITARY CONDITIONS (APR 2014), and as clarified by the Armed Forces Food Risk Evaluation Committee, 31 JAN 

1996, all Operational Ration Food Components will originate from sanitarily approved establishments. Acceptable sanitary 

approval is constituted by listing in the "Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement," 

published by the U.S. Army Institute of Public Health (USAIPH), or an establishment inspected and approved by the U.S. 
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Department of Agriculture (USDA) or the U.S. Department of Commerce (USDC) and possessing a USDA/USDC 

establishment number. This requirement applies to all GFM and CFM Operational Ration Food Components and to all 

Operational Ration types. Requests for inspection and "Directory" listing by USAIPH will be routed through DLA Troop 

Support-FTSC for coordination and action. Situations involving sole sources of supply, proprietary supply sources, and 

commercial Brand Name items will be evaluated directly by the Chief, DLA Troop Support-FTSC, in coordination with the 

Chief, Approved Sources Division, USAIPH. 

SANITARY CONDITIONS 

(a) Food establishments. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

approval is regained and listing is reinstated. 

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

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

is provided in Appendix A of the worldwide directory. 

(i) Meat and meat products and poultry and poultry products may be supplied from establishments which are currently listed in 

the “Meat, Poultry and Egg Inspection Directory,] published by the United States Department of Agriculture, Food Safety and 

Inspection Service (USDA, FSIS), at http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory . The item, to be 

acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield and 

applicable establishment number. USDA listed establishments processing products not subject to the Federal Meat and Poultry 

Products Inspection Acts must be listed in the Worldwide Directory for those items. 

(ii) Intrastate commerce of meat and meat products and poultry and poultry products for direct delivery to military installations 

within the same state (intrastate) may be supplied when the items are processed in establishments under state inspection 

programs certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products Inspection Acts. The item, to 

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

legend or label of the inspection agency and applicable establishment number. 

(iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and Egg 

Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/poultry/

grading.htm. 

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

Inspection Directory” published by the USDA FSIS at http://apps.ams.usda.gov/plantbook/Query_Pages/PlantBook_Query.asp . 

All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the 

official inspection legend or label of the inspection agency and applicable establishment number. 

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S. Establishments 

Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, 
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Facilities, and Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric 

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

delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and address of the producing 

facility. 

(vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance rating of 90 

percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of 

Interstate Milk Shippers” (IMS), published by the U.S. Department of Health and Human Services, Food and Drug 

Administration (USDHHS, FDA) at http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.

htm. These plants may serve as sources of pasteurized milk and milk products as defined in Section I of the “Grade `A' 

Pasteurized Milk Ordinance” (PMO) published by the USDHHS, FDA at http://www.fda.gov/Food/GuidanceRegulation/

GuidanceDocumentsRegulatoryInformation/Milk/default.htm. 

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

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

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

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

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

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

processing) must be Worldwide Directory listed. 

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

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

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

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

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

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

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

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

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

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

accompanying shipment documentation. 

(5) When the Military Medical Service or other Federal agency acceptable to the Military Medical Service determines the levels 

of food safety and food defense of the establishment or its products have or may lead to product contamination or adulteration, 

the Contracting Officer will suspend the work until such conditions are remedied to the satisfaction of the appropriate inspection 

agency. Suspension of the work shall not extend the life of the contract, nor shall it be considered sufficient cause for the 

Contractor to request an extension of any delivery date. In the event the Contractor fails to correct such objectionable conditions 

within the time specified by the Contracting Officer, the Government shall have the right to terminate the contract in accordance 

with the “Default” clause of the contract. 

(b) Delivery conveyances. 

The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with 

and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The 

delivery conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary 

conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or 

the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in product `unfit for 

intended purpose', supplies tendered for acceptance may be rejected without further inspection. 

VI. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS 

 

All Shipping Containers and Unit Loads shall be clearly marked, in accordance with DLA Troop Support Form 3556 entitled 
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“Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semi-perishable Subsistence, dated April 2014, with 

the following information on two adjacent sides of the load with the largest characters possible as follows: 

Unitized Ration Component 

National Stock Number 

Item Name 

Date of Pack and Lot Number 

Number of Shipping Containers per Pallet 

Contract Number 

Contractor's name and Address 

Inspection Test Date (ITD) 

 

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

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

Example, if the Date of Pack is June 2007, and the shelf life is 36 months (3 years), then the ITD is computed as follows: 6/07 + 

3 years = 6/10. If labels are used, they shall be permanently affixed with water-resistant adhesive tape. 

 

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

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

 

VII. UNITIZATION 

 

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

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

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

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

 

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

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

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

exceed 50 inches. 

 

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

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

 

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

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

 

REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) 

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

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

 

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

frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, 

plywood, particleboard, veneer, and oriented strand board (OSD). 

 

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

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

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

States must meet ISPM 15 whenever WPM is used to ship DoD cargo. 

 

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

accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood 

Packaging Material Program and WPM Enforcement Regulations (see http://www.alsc.org/). 
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All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an 

unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally 

opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or 

bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 

15 and be marked with an ASLC approved DUNNAGE stamp. 

 

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

of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government. 

 

 

VIII. QUALITY ASSURANCE PROVISIONS INSPECTION/ACCEPTANCE 

 

The contractor must meet all characteristics specified herein. In addition, Government inspection shall also be at destination for 

identity, count and condition for all terms and conditions of the contract. This shall include but is not limited to the following: 

1. All shipments must be accompanied by an accurate DD-250/WAWF report, Bill of Lading, and all other pertinent invoices as 

required. 

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

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

4. All delivered product shall be free of defects. 

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

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

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

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

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

code. 

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

 

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

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

 

QUALITY ASSURANCE PROVISIONS:

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

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

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

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

commercial market. 

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

and any time thereafter, as may be necessary, to include delivery at final destination, and for the time the product is covered 

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

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

considered acceptable to the Government when the rework procedure has a reasonable probability of correcting the deficiency. 

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

initial rejection. 

The supplies or products furnished under the contract shall be produced in accordance with the provisions of 21 CFR, Part 110, 

“Current Good Manufacturing Practices in Manufacturing, Packing or Holding Human Food,” and all regulations referenced 

therein. 

 

IX. DATE OF PACK 

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

shipments of components/product from a producer to destination/assembly points shall not be older than 75 days at time of 

shipment. 

 
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X. REWORK OF NONCONFORMING PRODUCT PRE OR POST ACCEPTANCE 

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

results when product is presented for Government verification inspection or prior to Government inspection as indicated below.

 

A. Corrective Action (Rework/Screen Inspections) Taken Prior To Government Verification Inspection (Receipt, 

In-Process And End-Item Inspections): Unless otherwise specified below, all reworks and screening inspections conducted 

prior to the Government verification inspection do not require approval from the Government. Although the GQAR must be 

informed of all reworks, the contractor is not required to obtain approval to take corrective and preventive action as deemed 

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

inspected at the next higher sample size. 

 

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

Applicable DLA Troop Support-FTR Office. 

 

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

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

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

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

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

complete lot is presented for Government end item verification inspection. If the producer fails to provide enough information/

data in the case of a deviation, the GQAR shall contact FTR for approval to proceed with the Government end item verification 

inspection. These requirements are in addition to applicable Code of Federal Regulations or other regulatory requirements 

(USDA-FSIS, FDA). 

 

Foreign material identified during normal in-process control actions does not require a waiver request from DLA Troop Support 

FTR, but does require USDA notification of the incident. However, foreign material discovered during the Contractor or 

GQAR/USDA end item inspection is cause for rejection of the lot. Rework requests that involve foreign material identified 

during end item inspections require approval from DLA Troop Support FTR before the rework activity can proceed. 

 

Note: A notification of nonconformance containing ineffective corrective actions, as identified by USDA, require DLA-TS 

attention and action 

 

 

“Retesting/re-inspection/rework of product that tested positive for food borne pathogens (salmonella, e. coli, etc.) is not 

authorized.” 

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

requirements cited in the specifications shall be submitted as a request for product deviation and must be approved and 

coordinated with the Specification Preparing Activity (Natick) through the applicable Contracting Officer.

 

3. Container Integrity Defects: All reworks due to container integrity defects noted during the producer's end 

item inspection (for critical container defects only) or Government final lot end item verification inspection, must be approved 

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

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

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

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

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

lot is presented for Government end item verification inspection.

 

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

 

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

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

applicable Contracting Officer, unless exempted under paragraph 3 above. 

 

 

C. Contractor's Quality History: 

 

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

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

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

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

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

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

counted. 

 

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

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

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

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

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

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

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

 

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

initial rejection.

 

All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan will include rational 

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

“Request for Rework, Request for Waiver, Request for Deviation, or Re-inspection of Nonconforming Supplies”. 

 

D. Request for Rework, Request for Waiver, Request for Deviation, or Re-inspection of 

Nonconforming Supplies 

 

1. When contractor inspection or QSP, or Government verification by the QAR, reveals a process deviation or 

nonconforming lot, the contractor's written request for deviation, waiver, rework or re-inspection of the nonconforming lot(s) 

must be furnished, as appropriate to the Contracting Officer and cognizant Government QAR and shall at a minimum contain the 

following: 

NOTE: Subject line should include what is being asked for (i.e.: Request for Waiver for Drain Weight of Beef Stew or 
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Request for Rework for Residual Air for Apple Dessert) 

a. Type of Request: Waiver, Notification, Re-inspection, Rework 

b. Approval Required from DLA: Yes or No 

c. Contractor Name/Address 

d. Contract Number 

e. Product Name 

f. National Stock Number 

g. Batch Number(s) (If Applicable) 

h. Sublot(s) (If Applicable) 

i. Lot Number(s) 

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

k. Quantity 

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

m. Sample Size; Defect; Accept/Reject 

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

o. Inspection Failure (Summary of non-conformances) 

p. Failure Identified: Processing, Packaging, End Item 

q. Inspector: In-plant/Contractor or USDA 

r. Date of Incident 

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

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

the incident) 

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

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

state why) 

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

occurrence) 

x. Estimated Cost 

y. Effect on Delivery 

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

 

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

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

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

sample size.

 

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

PCO, the contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect the nonreworked lot after taking the corrective action, and evaluate the results of the initial inspection and the re-inspection by means of 

recognized statistical methods. 

 

a. If the statistical tests reveal no significant difference between the results of the two inspections, 

acceptability will be based on re-inspection results. A significant difference is one that is real and not due to chance variation. 

Statistically, a difference which has a 0.05 probability of occurring by chance alone is usually considered a significant 

difference. 

b. If such statistical tests reveal no significant difference between the results of the two inspections, both 

results will be reported to the Contracting Officer. 

1. The results of the two inspections will be averaged and acceptability will be based on 

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

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

when the requirement is a unit (attribute) requirement. 

 

XI. INTEGRATED PEST MANAGEMENT (IPM) and FOOD DEFENSE/PROTECTION PLAN 
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A. INTEGRATED PEST MANAGEMENT 

 

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

of April 2011 are required and apply to all Operational Rations components. Each contractor is to have an IPM program in place 

prior to the initiation of production of Government product. The IPM plan and the associated pesticide labels and MSDS 

documents are not to be submitted to DLA Troop Support. The contractor shall have those documents available for on-site 

review during a Quality Systems Management Visit (QSMV) or Quality Systems Compliance Audit. In addition, evidence of an 

insect or rodent infestation, or contamination involving any end item will be cause for rejection of the involved lot. IPM program 

requirements can be found on the DLA Troop Support website at: http://www.troopsupport.dla.mil/subs/support/quality/ipmcpaf.pdf

 

B. FOOD DEFENSE PLAN 

 

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

type of Food Defense Plan at each contractor facility. As a result of increased risk for the potential of intentional food tampering 

the plan shall describe (in general terms) the type of preventive measures that are taken or will be taken to reduce Food Defense 

Plan vulnerabilities and to protect the food intended for DLA Troop Support's customers at CONUS and OCONUS locations. 

The plan must include preventive steps taken to safeguard product from intentional tampering/contamination during all stages of 

receipt, production, storage, assembly, delivery, and shipment. Areas of concern listed in this checklist must be addressed in the 

plan. The Food Defense Plan will be received, reviewed, rated, and kept on record in the Quality Audits & Product Protection 

Branch (DTA Troop Support-FTSB). Note: Points will be deducted for not responding to a question with a YES, NO, N/A or for 

not providing the information requested (e.g., establishment registration information). To download a copy of the DLA Troop 

Support Food Defense Checklist go to https://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality/ or contact the 

applicable DLA Troop Support Contracting Officer or the Quality Audits & Product Protection Branch (DLA Troop SupportFTSB). 

C. CURRENT GOOD MANUFACTURING PRACTICES IN MANUFACTURING, PACKAGING OR HOLDING 

HUMAN FOOD 

 

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

Manufacturing Practice in Manufacturing, Packaging or Holding Human Food,” and all regulations referenced herein, is 

required. In addition, the contractor is required to comply with all with the provisions contained within specific parts of the 

Code of Federal Regulations. For example, low-acid canned food manufacturers, Part 110 and 113 are applicable. 

 

XII. ENTRY INTO PLANT 

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

Subcontractor's plants at any time during the effective period of the contract. Except for inspection services, the Contracting 

Officer shall give prior notice of the purpose of the meeting and shall furnish dates of the visit. 

 

XIII. PLACE OF PERFORMANCE 

A. The offeror must stipulate in its proposal to this solicitation information pertinent to the place of performance. 

B. Any change in place(s) of performance cited in this offer and in any resulting contract is prohibited unless it is 

specifically approved in advance by the Contracting Officer. 

 

XIV. PACKAGING: 

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

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

shipment and storage. Unit packages shall also be able to withstand subsequent handling. Unit packs susceptible to corrosion or 

deterioration shall be protected by preservative coatings. Items requiring protection from physical damage, or which are fragile 

in nature (i.e., glass) shall be protected by wrapping, cushioning, etc. or other means to mitigate damage during handling and 

shipment. If screw caps are used, they shall be secured to the bottles with a band of plastic shrink film or plastic tape. All 

bottles shall be hermetically sealed (inner seal) and secured to withstand any position in the shipping container without leaking. 
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XV. LABELING: 

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

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

must comply with the applicable laws as set forth by the Federal Food Drug and Cosmetic Act and regulations promulgated 

there under. 

 

XVI. PACKING: 

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

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

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

 

XVII. ELECTRONIC INVOICING BY SUPPLIERS VIA WIDE AREA WORKFLOW (WAWF): 

All suppliers are required to process invoices electronically by using WAWF. Suppliers must have at least two trained 

company representatives with access to WAWF. A copy of the WAWF Report and a Bill of Lading shall be provided to Tracy 

Depot for each individual shipment. The WAWF report and Bill of lading shall be presented by the truck driver or it must be 

attached to the last pallet of a shipment. The WAWF report is the only acceptable invoice and must be completely in order to 

receive payment. This is a condition for contract award. 

 

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

government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government 

personnel to process those invoices in a real-time, paperless environment. It is also the only application that will be used to 

capture the Unique Identification (UID) of Tangible Items information. 

WAWF System Requirements 

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

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

The minimum system requirements are: 

 133 MHz or more Pentium microprocessor (or equivalent) 

 SVGA Color Monitor (minimum 256 color) 

 64 MB RAM (minimum) 

 Internet Access (broadband recommended) 

WAWF is in accordance with the 2001 National Defense Authorization Act (DFARS 252.232-7003/252.232.7003 Electronic 

Submission of Payment Requests - January 2004) which requires claims for under a Department of Defense Contract to be 

submitted in electronic form. 

As of March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation supplement (DFARS) 

to require use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for payment 

(invoices and receiving reports) under DOD contracts. 

 

XVIII. QUOTES: 

Due the time sensitive nature of these UGR Components, quotes received after closing will NOT be considered. 

 

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012) 

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

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

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

training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts 

and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for 

knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a 

government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of 

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

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

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

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

 

 

 

PART 12 CLAUSES 

 

52.212-1 Instructions to Offerors -- Commercial Items (MAR 2020) FAR - is incorporated in this solicitation by reference. 

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

Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

 

Addendum to 52.212-1: 

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

 

1. Paragraph (b), Submission of Offers. 

Submit signed and dated offers as specified above in the “Notice to our valued suppliers” section on or before the exact due date/

local time as specified on page 1 at Block 8. [ X ] Facsimile offers are NOT authorized for this solicitation 

 

b. Submission Requirements: Offerors are required to submit the completed solicitation, the pricing proposal, PDMs, and the 

Food Defense Plan. 

 

 

Technical Proposal 

 

Factor I: Product Demonstration Models (PDM): 

The Government requires Product Demonstration Models (PDM) while the solicitation is opened. A total of 20 

PDMs must be received no later than the time set for closing of offers. Failure to furnish PDMs by the time specified 

in the solicitation may be cause for rejection of the proposal. For PDM information Refer to page 7 of this solicitation. 

 

 

Price Proposal 

Refer to the “Schedule of Supplies” section within the proposal. The offeror shall provide their offered unit price 

multiplied by the estimated annual quantity and extend to the total estimated dollar value column. The sum of the 

estimated dollar value column will result in the total offered estimated dollar value. 

 

 

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

 

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

 

3. Paragraph (d), Product samples: Refer to PDM section.

 

 

4. Paragraph (e), Multiple offers. 

Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for 

market research on future requirements. 

 

5. Paragraph (h), Multiple awards. 
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 The Government intends to make one award.

 

6. Paragraph (i), Availability of Requirements Documents Cited in the Solicitation.

 Contact: Matthew DePetris or Noreen Killian.

 

 

 

 

52.212-2 -- Evaluation -- Commercial Items. (Oct 2014) 

(a) The Government will award an indefinite quantity contract resulting from this solicitation to the responsible and 

responsive offeror whose offer conforming to the solicitation will be most advantageous to the Government, price 

and other factors considered. The following factors shall be used to evaluate offers: 

 

(i) Technical Proposal 

 

(1) Product Demonstration Models:

The Government requests PDMs and will evaluate the PDMs for compliance with the item descriptions 

and product specifications and will also evaluate the sensory attributes of the food product to include 

appearance, odor, flavor, and texture using the recognized 9-point quality rating scale to determine 

product quality. The PDMs will be evaluated by Natick and will be rated “ACCEPTABLE” if it 

meets the requirement of the item description and its Quality Scale result from Natick is equal or 

above 6. Approval or acceptance of a PDM shall not constitute a waiver of any specification 

requirement unless specifically stated by the Contracting Officer. The 12 acceptable PDMs will be used 

as production standards. If negotiations are conducted, offerors having unacceptable PDMs (Quality 

Scale is lower than 6) will be given an opportunity to correct deficient PDMs. The final rating will be 

based on second submission (if negotiations are conducted) and it must be rated “ACCEPTABLE” 

otherwise the final proposal will be rejected. 

 

(2) The Government will assess the capability of the item offered to meet the Government's requirement 

of providing the exact commercial item description. 

 

(ii) Price Proposal

(1) The Government will evaluate each offeror's unit prices. Pricing will be evaluated to determine the 

lowest awardable total aggregate dollar value price. The maximum contract quantity for this acquisition 

will be multiplied by the final proposed unit price to calculate the maximum contract dollar cost to the 

Government. Cost and pricing data will not be required at solicitation closing.

 

 

The Government's rating assessments under low price technically acceptable award methodology will be deemed either 

acceptable or unacceptable. 

 

The Government intends to award to the responsive and responsible offeror that conforms to the solicitation requirements 

Technical Factors and Price considered. The Government expects to make a single award for this contract. 

 

Please note, taking exception to any of the terms and conditions of the Solicitation may remove your company from 

consideration for award. 

 

Both Technical and Price are equally important evaluation factors. 

 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 
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receipt, unless a written notice of withdrawal is received before award. 

(End of Provision) 

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

Paragraph (b), Options, is deleted in its entirety. 

 

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --COMMERCIAL 

ITEMS (MAR 2020) ALTERNATE I (DEC 2019) 

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-- 

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

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

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

with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. 

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

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

the worker does not offer himself voluntarily; or 

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

by process or penalties. 

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

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

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

but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family 

members, shared facilities and equipment, and the common use of employees. 

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

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

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

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

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

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence; 

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

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

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

(8) PSC 9610, Ores; 

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

(10) PSC 9630, Additive Metal Materials. 

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

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

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

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

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

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

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

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

demonstrate -- 

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

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

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled 

veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or 

permanent caregiver of such veteran. 

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

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

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

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

CFR Part 121 and size standards in this solicitation. 

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

standard applicable to the acquisition, that-- 

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or 

(2) Through another subsidiary of a parent corporation. 

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the 

predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/

divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the 

liabilities of the predecessor may vary, depending on State law and specific circumstances. 

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of 

any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and 

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of 

any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and 

daily business operations are controlled by one or more women. 

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

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” 
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means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily 

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

(b) 

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

provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through 

http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the 

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

Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, 

and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for 

this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), 

except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the 

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

certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any 

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

representations and certifications posted electronically on SAM.] 

(c) Offerors must complete the following representations when the resulting contract 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 veteranowned 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 CFR124.1002. 

 (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 womenowned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- 

 (i)It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the 

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

 (ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in 

paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the 

joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other 

small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB 

Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. 

 (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror 

represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- 

 (i)It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no 

change in circumstances or adverse decisions have been issued that affects its eligibility; and 
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 (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: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition 

threshold. 

 (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned 

business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror 

represents that it □ 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 Order11246- 

(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 http://uscode.house.gov/ 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 
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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 AmericanSupplies, is included in this solicitation.) 

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

product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, 

produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products 

manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and 

does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially 

available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United 

States” are defined in the clause of this solicitation entitled “Buy American-Supplies.” 

 (2) Foreign End Products: 

Line Item No. Country of Origin 

______________ _________________ 

______________ _________________ 

______________ _________________ 

 [List as necessary] 

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

 (g) 

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy 

American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) 

 (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, 

is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have 

been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or 

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

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

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

Israeli Trade Act.” 

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

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

solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”: 

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

Products) or Israeli End Products: 

Line Item No. Country of Origin 

______________ _________________ 

______________ _________________ 
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______________ _________________ 

 [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 

______________ _________________ 
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______________ _________________ 

______________ _________________ 

 [List as necessary] 

 (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 

52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic 

provision: 

 (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than 

Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause 

of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”: 

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

Peruvian End Products) or Israeli End Products: 

Line Item No. Country of Origin 

______________ _________________ 

______________ _________________ 

______________ _________________ 

 [List as necessary] 

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

solicitation.) 

 (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-

made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.” 

 (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end 

products. 

 Other End Products: 

Line Item No. Country of Origin 

_______________ __________________ 

_______________ __________________ 

_______________ __________________ 

 [List as necessary] 

 (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line 

items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without 

regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or 

designated country end products unless the Contracting Officer determines that there are no offers for such products or that the 

offers for such products are insufficient to fulfill the requirements of the solicitation. 

 (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected 

to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/
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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 $3,500 for which the liability remains unsatisfied. 

 (i) Taxes are considered delinquent if both of the following criteria apply: 

 (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not 

finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the 

liability is not finally determined until all judicial appeal rights have been exhausted. 

 (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax 

liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is 

precluded. 

 (ii) Examples. 

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court 

review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek 

Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. 

 (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been 

issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien 

filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the 

taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the 

liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not 

be a final tax liability until the taxpayer has exercised all judicial appeal rights. 

 (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making 

timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not 

currently required to make full payment. 

 (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection 

action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). 

 (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting 

Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of 

Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] 

 (1) Listed end products. 

Listed End Product Listed Countries of Origin 
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___________________ ___________________ 

___________________ ___________________ 

 (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 
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 (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is 

the same as that used for these employees and equivalent employees servicing commercial customers. 

 (3)If paragraph (k)(1) or (k)(2) of this clause applies - 

 (i)If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not 

attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer 

as soon as possible; and 

 (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in 

paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. 

 (l) Taxpayer Identification Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to 

provide this information to the SAM to be eligible for award.) 

 (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with 

debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, 

and implementing regulations issued by the Internal Revenue Service (IRS). 

 (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's 

relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting 

requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of 

the offeror's TIN. 

 (3) Taxpayer Identification Number (TIN). 

 TIN: ________________________________. 

 TIN has been applied for. 

 TIN is not required because: 

 Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively 

connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal 

paying agent in the United States; 

 Offeror is an agency or instrumentality of a foreign government; 

 Offeror is an agency or instrumentality of the Federal Government. 

 (4) Type of organization. 

 Sole proprietorship; 

 Partnership; 

 Corporate entity (not tax-exempt); 

 Corporate entity (tax-exempt); 

 Government entity (Federal, State, or local); 

 Foreign government; 

 International organization per 26 CFR1.6049-4; 
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 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 e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. 

 (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) 

of this provision, by submission of its offer, the offeror- 

 (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the 

government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the 

government of Iran; 

 (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for 

which sanctions may be imposed under section 5 of the Iran Sanctions Act; and 

 (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any 

transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property 

and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (et seq.) (see 

OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDNList/Pages/default.aspx). 

 (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- 

 (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and 

 (ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

 (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a 

requirement to have a unique entity identifier in the solicitation). 
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 (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 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 
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predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse 

chronological order): 

 Predecessor CAGE code: (or mark “Unknown”). 

 Predecessor legal name: . 

 (Do not use a “doing business as” name). 

 (s)[Reserved]. 

 (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to 

register in SAM (12.301(d)(1)). 

 (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior 

Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the 

prior Federal fiscal year. 

 (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. 

(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse 

gas emissions, i.e., makes available on a publicly accessible website 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 website a target to reduce 

absolute emissions or emissions intensity by a specific quantity or percentage. 

 (iii)A publicly accessible website includes the Offeror's own website 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 website(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). 
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 (v) Covered Telecommunications Equipment or Services Representation. Section 889(a)(1)(A) of Public Law 

115-232 

 (1) The offeror shall review the list of excluded parties in the System of Award Management System (SAM) 

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment 

or services as part of its offered products or services to the Government in the performance of any contract, subcontract, 

or other contractual instrument. 

 (2) The Offeror represents that it does, does not provide covered telecommunications equipment or services as 

part of its offered products or services to the Government in the performance of any contract, subcontract, or other 

contractual instrument. 

(End of Provision) 

 

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

ORDERS--COMMERCIAL ITEMS (MAR 2020) 

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

this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 

 (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its 

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

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

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

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

Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232). 

 (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 

 (5) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553). 

 (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 

note)). 

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

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

commercial items: 

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

 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015)

(41 U.S.C. 3509). 

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

Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and 

Reinvestment Act of 2009.) 

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

Awards (OCT 2018) (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 (OCT 2015) (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)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a). 

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

_X_ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if 

the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_____(ii) Alternate I (MAR 2020) of 52.219-4. 
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___ (13) [Reserved] 

___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). 

___ (ii) Alternate I (MAR 2020) 

___ (iii) Alternate II (NOV 2011) 

___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) 

(15 U.S.C. 644). 

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

___ (iii) Alternate II (MAR 2004) of 52.219-7 

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

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

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

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

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

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

___ (iv) Alternate III (JAN 2017) of 52.219-9 

___ (v) Alternate IV (AUG 2018) 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 (MAR 2020) (15 U.S.C. 

 637(a)(14)). 

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

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

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

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

___ (22)(i) 52.219-28, Post Award Small Business Program Representation 

(MAR 2020) 

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

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

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

Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)). 

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

Concerns Eligible Under the WOSB Program (MAR 2020) (15 U.S.C. 637(m)). 

___(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). 

 ___(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)). 

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_X_ (28) 52.222-19, Child Labor --Cooperation with Authorities and

 Remedies (JAN 2020) (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 (OCT 2015) (38 U.S.C. 4212).

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

_X_ (32)(i) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

_X_ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (JAN 2019) 

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

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

items as prescribed in 22.1803.) 

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

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

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

commercially available off-the-shelf items.) 

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

2016) (E.O.13693). 

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

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

___ (40)(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s13423 and 13514) 

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

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

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

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

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

and 13514). 

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

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

13513).

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

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

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

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

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

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

19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, 

and 112-43). 

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

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

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

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

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

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

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

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

2302 Note). 

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

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

5150). 

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

C. 2307(f)). 

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

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management 

 (OCT 2018) (31 U.S.C. 3332). 

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

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

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

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 
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 ___ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)). 

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

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

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

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

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

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive 

orders applicable to acquisitions of commercial items: 

[Contracting Officer check as appropriate.] 

 

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

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

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 

67). 

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year 

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

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 

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

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

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

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

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

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

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

_X_ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, and does not contain the 

clause at 52.215-2, Audit and Records -- Negotiation. 

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

access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this 

contract. 

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

for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period 

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

completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after 

any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the 

settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or 

claims are finally resolved. 

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not 

required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless 

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). 

 (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 

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

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

continuing resolutions)). 

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

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

 1634 of Pub. L. 115-91). 
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(iv) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all 

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

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

must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 

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

accordance with paragraph (1) of FAR clause 52.222-17. 

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

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

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

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

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

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

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

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

(xiii) ____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 

13627). 

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

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

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

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

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

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

(xvii) 52.222-55, Minimum Wages under Executive Order 13658 (Dec 2015). 

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

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

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

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

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

Note). 

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

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

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

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

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

additional clauses necessary to satisfy its contractual obligations. 

Addendum to 52.212-5 

The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses 

which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to 

acquisitions of commercial items or components. 

1. __X___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 

2. __X___252.203-7003, Agency Office of the Inspector General (DEC 2012) 

3. __X___252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) 

4. _____252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (MAY 2019) 

5. __X___252.225-7001, Buy American and Balance of Payments Program (NOV 2014) 

a. _____Alternate I (NOV 2014) of 252.225-7001 

6. _____252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013) 

7. _____252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty 

Metals (DEC 2019) 

8. __X___252.225-7012, Preference for Certain Domestic Commodities (FEB 2013) 

9. _____252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) 

10. _____252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) 

11. _____252.225-7021, Trade Agreements (SEP 2019) 

a. _____Alternate II (SEP 2019) of 252.225-7021 
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12. _____252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) 

13. _____252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) 

 

14. _____252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program (NOV 2014) 

a. _____Alternate I (NOV 2014) of 252.225-7036 

b. _____Alternate II (NOV 2014) of 252.225-7036 

c. _____Alternate III (NOV 2014) of 252.225-7036 

d. _____Alternate IV (NOV 2014) of 252.225-7036 

e. _____Alternate V (NOV 2014) of 252.225-7036 

15. _____252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States. (JAN 2015) 

16. _____252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and 

 Native Hawaiian Small Business Concerns (SEP 2004) 

17. _____252.227-7013, Rights in Technical Data - Noncommercial Items (FEB 2014) 

18. _X___252.227-7015, Technical Data -- Commercial Items (JAN 2020) 

19. _____252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013), 

20. _X___252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 

(JUN 2012) 

21. _____252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel 

(JUN 2013) 

22. _____252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) 

23. _X___252.243-7002, Requests for Equitable Adjustment (DEC 2012) 

24. _____252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations 

(OCT 2010) 

25. _____252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer 

(JUN 2013) 

26. _____252.247-7023, Transportation of Supplies by Sea (APR 2014) . 

a. _____Alternate I (APR 2014) of 252.247-7023. 

 b. _____Alternate II (APR 2014) of 252.247-7023. 

27. _X __252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) 

28. _____252.247-7027, Riding Gang Member Requirements (OCT 2011) 

 

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement 

Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the following clauses, if applicable, in 

subcontracts for commercial items or commercial components, awarded at any tier under this contract: 

1. 252.225-7039, DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE 

UNITED STATES (JUN 2016) 

2. 252.227-7013, Rights in Technical Data - Noncommercial Items (FEB 2014) 

3. 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013) 

4. 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) 

5. 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) 

6. 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013) 

7. 252.247-7023, Transportation of Supplies by Sea (FEB 2019) 

(End of Addendum) 

 

 

ECONOMIC PRICE ADJUSTMENT - ESTABLISHED MARKET PRICE (MAY 2020) DLA Troop Support 

 (a) The Contractor warrants that the unit prices included in the Schedule do not include allowances for any portion of the 

contingency covered by this clause. 

 

 (b) An established market price is a price that is established in the course of ordinary and usual trade between buyers and 

sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s). The established market 

price under this clause may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or 
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specific supplies. The established market price that shall be used for adjustments to contract prices under this clause, shall be the 

price for PORK BELLY, SEEDLESS, FRESH, SKIN-ON, TRIMMED 14-16#, WTD, U49 as published weekly by USDA

Agricultural Marketing Service (AMS) in the “Weekly National Carlot Meat Report”. 

 

 (1) The base unit price for the purpose of the adjustment calculations under this clause shall be the arithmetic average of 

the published price (if no range is reported) or the simple average of daily high and the daily low range of prices (if a range in 

price is reported) for this commodity as published in the Four (4) issues of the Weekly National Carlot Meat Report (WNCMR) 

issued immediately preceding (i) the closing date for proposals, if no discussions are held, (ii) the due date for final proposal 

revisions, if discussions are held, or (iii) the opening date, if sealed bidding is used. 

 

 (2) The adjusting unit price shall be the arithmetic average of the published price if no range is reported or the simple 

average of daily high and the daily low range of prices (if a range in price is reported) for this commodity as published in the

four (4) issues of the WNCMR prior to the effective date of each delivery order issued. 

 

 (c) There shall be only one adjustment for each delivery order issued under the base contract tier and any following tier. 

 

 (d) Allowance Factor. For the purpose of price adjustment pursuant to this clause, it shall be conclusively presumed that 7.47 

pounds Pork Belly, Seedless, Skin-on, Trimmed 14-16#, WTD, U49 are required to produce one pouch of 150 bacon slices. This 

allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract 

which affects this allowance. 

 

 (e) Adjustments shall be calculated as follows (rounded to 2 decimal places): 

 

 (1) Compute the Adjusting Unit Price and the Base Unit Price. 

 

 (2) Adjusting Unit Price - Base Unit Price = Market Price Change (+ or -). 

 

 (3) Market Price Change X Allowance Factor = Contract Unit Price Adjustment (+ or -). 

 

 (4) The adjusted unit price(s) for each delivery order shall be determined by increasing or decreasing (as appropriate) the 

original contract unit price (s) by the contract unit price adjustment. 

 

 (f) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive 

the adjusted contract unit prices. 

 

 (g) Payment on this contract shall be at the current contract price pending issuance of an adjusting modification. 

 

 (h) Any pricing actions pursuant to the CHANGES clause or other provisions of the contract will be priced as though there 

were no provisions for economic price adjustment. 

 

 (i) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more. 

 

 (j) The total increase in any contract unit price shall not exceed 20%. If at any time during the term of the contract, a 

proposed economic price adjustment will exceed this ceiling, either party may cancel the contract effective 60 days after receipt 

of written notice of the cancellation. There is no percentage limit on downward adjustments under this clause. 

 

 (k) In the event (i) any applicable market price indicator is discontinued or its method of derivation is altered substantially or 

(ii) the Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market 

conditions, the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to 

reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail 

to reflect market conditions. If the parties fail to agree on an 

appropriate substitute, the matter shall be resolved in accordance with the DISPUTES clause of the contract. 

 
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 (l) The Contractor shall certify on the final invoice that amounts invoiced under this contract reflect all decreases required by 

this clause. 

 

(End of Clause) 

 

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN 2019) 

 (a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of 

supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by 

Sea clause of this solicitation. 

 (b) Representation. The Offeror represents that it -- 

 _____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract 

resulting from this solicitation. 

 _____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract 

resulting from this solicitation. 

 (c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. 

 

52.215-6 -- Place of Performance. -- Place of Performance (Oct 1997) - FAR 

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, intends, does not intend [check 

applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or 

respondent as indicated in this proposal or response to request for information. 

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the 

required information: 

Place of Performance(Street Address, City, State, County, Zip Code) Name and Address of Owner and Operator of the 

Plant or Facility if Other Than Offeror or Respondent

 

52.202-01 DEFINITIONS (NOV 2013) FAR 

52.203-03 GRATUITIES (APR 1984) FAR 

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR. Alternate I 

(Oct 1995). 

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) 

FAR 

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACTRELATED FELONIES (DEC 2008) DFARS 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS 

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) 

DFARS 

52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (Oct 2016) FAR 

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (Oct 2018) FAR 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 

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

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS 

DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (Oct 2015)FAR 

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 

 

52.210-01 MARKET RESEARCH (APR 2011) FAR 

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE, EMERGENCY PREPAREDNESS, 

AND ENERGY USE PROGRAM (APR 2008) FAR 

Any contract awarded as a result of this solicitation will be ( ) DX rated order; ( X ) DO rated order certified for national defense 

use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all 

of the requirements of this regulation. [Contracting Officer check appropriate box.] 
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52.216-19 -- Order Limitations. -- Order Limitations (Oct 1995) -FAR 

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

quantity equivalent to one pallet, 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 400,000 PG; 

(2) Any order for a combination of items in excess of ______________ [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 subparagraph (b)(1) or (2) of this section. 

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

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

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

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

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

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. (OCT 2016) -DFARS 

(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 
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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) 

 

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. 

(OCT 2016) -DFARS 

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

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a 

system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or 

the copying of information to unauthorized media may have occurred. 

“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 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 Government wide 

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. 

“Information system” means a discrete set of information resources organized for the collection, processing, 

maintenance, use, sharing, dissemination, or disposition of information. 

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, 

magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, 

stored, or printed within a covered contractor information system. 

“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. 
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(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or 

creates in the performance of this contract that is information obtained from a third-party's reporting of a cyber 

incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber 

Incident Reporting (or derived from such information obtained under that clause): 

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or 

technical assistance directly to the Government in support of the Government's activities related to 

clause 252.204-7012, and shall not be used for any other purpose. 

(2) The Contractor shall protect the information against unauthorized release or disclosure. 

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations 

consistent with this clause prior to the employees being provided access to or use of the information. 

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the nondisclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this 

clause. 

(5) A breach of these obligations or restrictions may subject the Contractor to -- 

(i) Criminal, civil, administrative, and contractual actions in law and equity for 

penalties, damages, and other appropriate remedies by the United States; and 

(ii) Civil actions for damages and other appropriate remedies by the third party that 

reported the cyber incident, as a third party beneficiary of this clause. 

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or 

similar contractual instruments, for services that include support for the Government's activities related to 

safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial 

items, without alteration, except to identify the parties. 

(End of clause) 

 

 

52.215-08 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR 

 

252.216-7006 ORDERING (SEP 2019) 

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

by the individuals or activities designated in the contract schedule. Such orders may be issued from date of award through 1,825 

days. 

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

delivery order or task order and this contract, the contract shall control. 

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

system, and notice has been sent to the Contractor. 

 (2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government 

deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. 

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

 

52.219-06 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) FAR 

52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017) FAR 

52.222-03 CONVICT LABOR (JUN 2003) FAR 

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020) FAR 

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR 

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR 
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52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) FAR 

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2014) FAR 

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016) FAR 

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 

2010) FAR 

52.223-06 DRUG-FREE WORKPLACE (MAY 2001) FAR 

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS 

(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.); 

(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) 

 

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND 

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019) DFARS 

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) 

FAR 

52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR 

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR 

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) DLAD 

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

[ ]. Alternate wording may be negotiated with the contracting officer.

 

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017) FAR 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD 

CONTRACTS) (JUN 2013) DFARS 

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR 

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR 

52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) 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 
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electronically at this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ . 

(End of Clause) 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR 

 

52.216-1 -- Type of Contract. --(APR 1984) FAR 

The Government contemplates award of a 2-year IDPO contract resulting from this solicitation. 

 

(End of Provision) 

 

C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete Materials or 

Components (DEC 2016) 

The contractor shall notify the contracting officer immediately upon determining the unavailability of obsolete materials or 

components. The contractor may recommend a solution to include the impact on the contract price and delivery. The contractor 

shall not initiate any item redesign or incur any additional costs without the express, written authorization of the contracting 

officer. 

In the event that manufacturing phase-out or discontinuance of production of such items is 

contemplated, the contractor is required to notify the contracting officer and publish the discontinuance in the GovernmentIndustry Data Exchange Program (GIDEP), where feasible; and to provide immediate advance notice of production phase-out to 

DLA DMSMS at dscc.dmsms@dla.mil. 

***** 

H05 Bilateral Indefinite-Delivery Contract (IDC) Below the Simplified Acquisition Threshold (SAT) (SEP 2017) 

(1) The Government will award a bilateral IDC below the SAT resulting from this request for quote to the responsible offeror 

whose offer conforming to the terms and conditions in the request for quote will be most advantageous to the Government, price 

and other factors considered. The offeror receiving the award is required to sign the basic contract and return the signed contract 

to the contracting officer. 

(2) Price evaluation will be based on the price quoted for the estimated annual demand in the schedule. 

(3) Once the guaranteed minimum quantity for the IDC is met, the Government is under no obligation to place additional orders. 

The Government may place additional orders for the period of performance stated in the basic contract, effective from the date 

of the basic award. All additional orders will reference the basic contract, which documents the terms and conditions of the IDC. 

The maximum aggregate value of orders under the IDC below the SAT is stated in the basic contract; the aggregate value of all 

orders will not exceed the simplified acquisition threshold or, for IDCs below the SAT using FAR Subpart 13.5, the thresholds 

in 13.500(a). 

(4) Pricing of orders. The unit price for orders is based on the price for the quantity range that will cover the total quantity on the 

order, regardless of destination, if applicable. 

 

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (Sept 2007) 

 (a) Definitions. As used in this provision-“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms 

“agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” 

and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence 

Certain Federal Transactions” (52.203-12). 

 (b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on 

Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision. 

 (c) Certification. The offeror, by signing its offer, hereby 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 its 

behalf in connection with the awarding of this contract. 

 (d) Disclosure. 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 
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employees of the offeror to whom payments of reasonable compensation were made. 

 (e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed 

by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the 

disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not 

more than $100,000, for each such failure. 

(End of provision) 

 

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. 

(Apr 2014) 

 (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot 

program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National 

Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908. 

 (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee 

whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. 

 (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the 

simplified acquisition threshold. 

(End of clause) 

 

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Dec 

2019) 

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered 

Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror 

Representations and Certifications-Commercial Items. 

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

 “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have 

the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance 

Services or Equipment. 

 (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. 

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or 

renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or 

services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are 

not prohibited from providing -- 

 (1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 

 (2) Telecommunications equipment that cannot route or redirect user data traffic or 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) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or 
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services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this 

solicitation. 

 (e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered 

telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer -- 

 (1) A description of all covered telecommunications equipment and services offered (include brand; model number, such 

as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as 

applicable); 

 (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to 

determining if such use would be permissible under the prohibition in paragraph (b) of this provision; 

 (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity 

identifier, and Commercial and Government Entity (CAGE) code, if known); and 

 (4) For equipment, 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). 

(End of provision) 

 

 

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 

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

(1) “Foreign person” means any person (including any individual, partnership, corporation, or other form of 

association) other than a United States person. 

(2) “United States” means the 50 States, the District of Columbia, outlying areas, and the outer 

Continental Shelf as defined in 43 U.S.C. 1331. 

 (3) “ United States person” is defined in 50 U.S.C. App. 2415(2) and means -- 

(i) Any United States resident or national (other than an individual resident outside the United 

States who is employed by other than a United States person); 

(ii) Any domestic concern (including any permanent domestic establishment of any foreign 

concern); and 

(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any 

domestic concern that is controlled in fact by such domestic concern. 

 (b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it -- 

 (1) Does not comply with the Secondary Arab Boycott of Israel; and 

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by 

Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking. 

(End of provision) 

 

Part 12 Clauses

CLAUSES ADDED TO PART 12 BY ADDENDUM

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

 

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS (NOV 2016) DFARS

 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

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

INFORMATION (OCT 2016) DFARS

 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS

 

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2018) DFARS

 

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (DEVIATION 2020-O0006) 

(FEB 2020) DFARS

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

“Assembly” means an item forming a portion of a system or subsystem that -- 

(1) Can be provisioned and replaced as an entity; and 

(2) Incorporates multiple, replaceable parts. 

“Commercially available off-the-shelf item” -- 

(1) Means any item of supply that is -- 

(i) A commercial item (as defined in paragraph (1) of the definition of “commercial item” in section 2.101 of the Federal Acquisition 

Regulation); 

(ii) Sold in substantial quantities in the commercial marketplace; and 

(iii) Offered to the Government, under this contract or a subcontract at any tier, without modification, in the same form in which it is sold 

in the commercial marketplace; and 

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. 

“Component” means any item supplied to the Government as part of an end item or of another component. 

“Covered country” means -- 

(1) The Democratic People's Republic of North Korea; 

(2) The People's Republic of China; 

(3) The Russian Federation; or 

(4) The Islamic Republic of Iran. 

“Covered material” means -- 

(1) Samarium-cobalt magnets; 

(2) Neodymium-iron-boron magnets; 

(3) Tantalum metal and alloy; 

(4) Tungsten metal powder; and 

(5) Tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy. 

“Electronic device” means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using 

interconnections such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits. 

“End item” means the final production product when assembled or completed and ready for delivery under a line item of this contract. 

“Subsystem” means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, 

attitude control, and propulsion. 

“Tungsten heavy alloy” means a tungsten base pseudo alloy that -- 

(1) Meets the specifications of ASTM B777 or SAE-AMS-T-21014 for a particular class of tungsten heavy alloy; or 

(2) Contains at least 90 percent tungsten in a matrix of other metals (such as nickel-iron or nickel-copper) and has density of at least 16.5 

g/cm3). 

(b) Restriction. 

(1) Except as provided in paragraph (c) of this clause, the Contractor shall not deliver under this contract any covered material melted or 

produced in any covered country, or any end item, manufactured in any covered country, that contains a covered material (10 U.S.C. 

2533c). 

(2)(i) For samarium-cobalt magnets and neodymium iron-boron magnets, this restriction includes -- 

(A) Melting samarium with cobalt to produce the samarium-cobalt alloy or melting neodymium with iron and boron to produce the 

neodymium-iron-boron alloy; and 
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(B) All subsequent phases of production of the magnets, such as powder formation, pressing, sintering or bonding, and 

magnetization. 

(ii) The restriction on melting and producing of samarium-cobalt magnets is in addition to any applicable restrictions on melting of 

specialty metals if the clause at 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, is included in 

the contract. 

(3) For production of tantalum metal and alloys, this restriction includes the reduction of tantalum chemicals such as oxides, chlorides, or 

potassium salts, to metal powder and all subsequent phases of production of tantalum metal and alloys, such as consolidation of metal 

powders and melting. 

(4) For production of tungsten metal powder and tungsten heavy alloy, this restriction includes - 

(i) Atomization; 

(ii) Calcination and reduction into powder; 

(iii) Final consolidation of non-melt derived metal powders; and 

(iv) All subsequent phases of production of tungsten metal powder, tungsten heavy alloy, or any finished or semi-finished component 

containing tungsten heavy alloy. 

(c) Exceptions. This clause does not apply -- 

(1) To an end item that is -- 

(i) A commercially available off-the-shelf item, other than -- 

(A) A commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or 

(B) A tantalum metal, tantalum alloy, or tungsten heavy alloy mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, 

plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component; 

(ii) An electronic device, unless otherwise specified in the contract; or 

(iii) A neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final 

magnet takes place in the United States. 

(2) If the authorized agency official concerned has made a nonavailability determination, in accordance with section 225.7018-4 of the 

Defense Federal Acquisition Regulation Supplement, that compliant covered materials of satisfactory quality and quantity, in the required 

form, cannot be procured as and when needed at a reasonable price. 

(i) For tantalum metal, tantalum alloy, and tungsten heavy alloy, the term “required form” refers to the form of the mill product, such as 

bar, billet, wire, slab, plate, or sheet, in the grade appropriate for the production of a finished end item to be delivered to the Government 

under this contract; or a finished component assembled into an end item to be delivered to the Government under the contract. 

(ii) For samarium-cobalt magnets or neodymium-iron-boron magnets, the term “required form” refers to the form and properties of the 

magnets. 

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in subcontracts and other contractual instruments that 

are for items containing a covered material, including subcontracts and other contractual instruments for commercial items, unless an 

exception in paragraph (c) of this clause applies. The Contractor shall not alter this clause other than to identify the appropriate parties. 

 (End of clause)

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

 

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 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. 

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as 

authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 

(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.acquisition.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 
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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 must use the following information when submitting payment requests and receiving reports 

in WAWF for this contract/order: 

(1) Document type. The Contractor shall use the following document type(s). 

 

(Contracting Officer: Insert applicable document type(s). 

Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and 

“Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified 

by the contracting officer. 

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(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 SL4701

Issue By DoDAAC SPE3S1

Admin DoDAAC SPE3S1

Inspect By DoDAAC SPE3S1

Ship To Code W62G2T

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 or “See schedule” if multiple ship to/acceptance locations apply, or “Not 

applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line 

item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant 

back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. 

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” 

field of WAWF once a document is submitted in the system. 

dscpwawfteam@dla.mil

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(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. 

WAWF Helpdesk 866-618-5988 

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. 

(End of clause)

 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS
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52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS

 

52.247-34 F.O.B. DESTINATION (NOV 1991) 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.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 clause)

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

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

(DEC 2019) DFARS

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

Part 12 Provisions

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (MAR 2020) FAR

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

electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed 

the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. 

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain 

Telecommunications and Video Surveillance Services or Equipment. 

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent 

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

are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a 

women-owned small business eligible under the WOSB Program. 

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

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

not offer himself voluntarily; or 

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

penalties. 

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

that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. 

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited 

to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and 

equipment, and the common use of employees. 

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

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

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

(8) PSC 9610, Ores; 

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

(10) PSC 9630, Additive Metal Materials. 

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

materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of 

reassembly is not the place of manufacture. 

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oilrelated activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 

(Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of 

the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -- 

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

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

expressly exempted under Federal law from the requirement to be conducted under such authorization; 

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

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

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

(6) Have been voluntarily suspended. 

“Sensitive technology” -- 

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -- 

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or 

prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). 

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

(1) Means a small business concern -- 

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, 

not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and 

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a 

service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. 

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

S.C. 101(16). 

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of 

operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size 

standards in this solicitation. 

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

applicable to the acquisition, that -- 

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

(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 
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(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 posted on the SAM website. 

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.

acquisition.gov. After reviewing the SAM database information, the Offeror verifies by submission of this offer that the representations and 

certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications --Commercial Items, have been 

entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size 

standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time of 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 (t) of this provision that the offeror has completed for the purposes of this 

solicitation only, if any. 

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the 

date of this offer. 

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

certifications posted 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) 
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of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror 

shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating 

in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate 

signed copy of the WOSB representation. 

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a 

WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that -- 

(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in 

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

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) 

of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of 

the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in 

the joint venture shall submit a separate signed copy of the EDWOSB representation. 

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. 

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business 

concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] 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 
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the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as 

domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition 

of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end 

product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American --Supplies.” 

(2) Foreign End Products: 

Line Item No. Country of Origin

 

[List as necessary] 

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

(g)(1) Buy American --Free Trade Agreements --Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American --

Free Trade Agreements --Israeli Trade Act, is included in this solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end 

product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or 

manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially 

available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement 

country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation 

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

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

Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American --

Free Trade Agreements --Israeli Trade Act”: 

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

End Products: 

Line Item No. Country of Origin

[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: 
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Line Item No.

[List as necessary] 

(3) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is 

included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of 

this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: 

Canadian or Israeli End Products: 

Line Item No. Country of Origin

[List as necessary] 

(4) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is 

included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, 

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

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

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

Products) or Israeli End Products: 

Line Item No. Country of Origin

[List as necessary] 

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated 

country end product, as defined in the clause of this solicitation entitled “Trade Agreements.” 

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. 

Other End Products: 

Line Item No Country of Origin

[List as necessary] 

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the 

WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy 

American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting 

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the 
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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 $3,500 for which the liability remains unsatisfied. 

(i) Taxes are considered delinquent if both of the following criteria apply: 

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined 

if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined 

until all judicial appeal rights have been exhausted. 

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when 

full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. 

(ii) Examples. 

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court 

review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court 

review, this will not be a final tax liability until the taxpayer has exercised all judicial 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 .] 

(1) Listed end products. 

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the 

offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] 

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured 

in the corresponding country as listed for that product.
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[ ] (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 the SAM database to be eligible for award.) 

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection 

requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations 

issued by the Internal Revenue Service (IRS). 

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with 

the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the 

TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. 

(3) Taxpayer Identification Number (TIN). 

[ ] TIN: .

[ ] TIN has been applied for.

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the 

conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United 

States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the Federal Government.
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(4) Type of organization. 

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4;

[ ] Other 

(5) Common parent. 

[ ] Offeror is not owned or controlled by a common parent;

[ ] Name and TIN of common parent:

Name 

TIN 

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted 

business operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations. 

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted 

domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is 

waived in accordance with the procedures at 9.108-4. 

(2) Representation. The Offeror represents that -- 

(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 e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. 

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this 

provision, by submission of its offer, the offeror -- 

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of 

Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions 

may be imposed under section 5 of the Iran Sanctions Act; and 

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that 

exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which 

are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated 

Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). 

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if -- 

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and 

(ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to 

have a unique entity identifier in the solicitation. 

(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner 

(such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in 

the joint venture. 

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information: 

Immediate owner CAGE code: . 

Immediate owner legal name: . 

(Do not use a “doing business as” name) 

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. 
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(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 conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this 

action is not necessary to protect the interests of the Government. 

(2) The Offeror represents that -- 

(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and 

administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the 

authority responsible for collecting the tax liability; and 

(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code 

Reporting.) 

(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three 

years. 

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a 

Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): 

Predecessor CAGE code: (or mark “Unknown”) 

Predecessor legal name: 

 (Do not use a “doing business as” name) 

(s) [Reserved]. 

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM 

(52.212-1(k)). 

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. 

The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. 

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. 

(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas 

emissions, i.e., makes available on a publicly accessible website 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 website a target to reduce absolute emissions or 

emissions intensity by a specific quantity or percentage. 

(iii) A publicly accessible website includes the Offeror's own website 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 website(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). 
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(End of provision)

PROVISIONS ADDED TO PART 12 BY ADDENDUM

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS

252.203-7994 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS—REPRESENTATION (NOV 2016) DFARS

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016) FAR

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR 

STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act 

may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within 

the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment 

of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 

(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law 

within the preceding 24 months. 

(End of provision)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY 

CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds 

made available by that Act may be used to 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 the agency has considered suspension or debarment of the 

corporation and made a determination that this further action is not necessary to protect the interests of the Government. 

(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 the 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, 

(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)

L06 AGENCY PROTESTS (DEC 2016)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (DEC 2019) FAR

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the 

provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. 

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

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in 

clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of 

an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, 

system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical 

technology as part of any system. Contractors are not prohibited from providing -- 

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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) Representation. The Offeror represents that 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. 
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(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, 

the Offeror shall provide the following information as part of the offer -- 

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment 

manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); 

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use 

would be permissible under the prohibition in paragraph (b) of this provision; 

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and 

Government Entity (CAGE) code, if known); and 

(4) For equipment, 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). 

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019) FAR

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part 

of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)