28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION 

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

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

1. REQUISITION NUMBER

1000083545

2. CONTRACT NO.

SPE3S1-20-D-Z218

3. AWARD/EFFECTIVE 

DATE

2020 MAY 18

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE3S1-20-Q-0001

6. SOLICITATION ISSUE 

 DATE 

2020 FEB 21

a. NAME b. TELEPHONE NUMBER (No collect 

 calls)

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Local Admin: MATTHEW DEPETRIS DMD0067 Tel: 215-737-2159 

Email: Matthew.Depetris@dla.mil

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

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311999

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA- 

 TION UNLESS BLOCK IS 

 MARKED

12. DISCOUNT TERMS

Net 30 days

 13a. THIS CONTRACT IS A 

 RATED ORDER UNDER 

 DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SPE3S1

SEE BLOCK 9 

Criticality: PAS : None

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

0FWL3

Hershey Company, The DBA Hershey 

GOVERNMENT SALES 

19 E Chocolate Ave 

HERSHEY PA 17033-1314 

USA

TELEPHONE NO. 2814941736

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC 

BSM 

P O BOX 182317 

COLUMBUS OH 43218-2317 

USA

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

OFFER

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

 BELOW IS CHECKED.

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

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

$1,296,000.00

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

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

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

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

Candice Campbell 

candice.campbell@dla.mil

31c. DATE SIGNED

2020 MAY 18

1 SPE3S1-20-Q-0001

2020-Mar-23

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV. 

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

 DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), 

 INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , 

 HEREIN IS ACCEPTED AS TO ITEMS: 

EDWOSB

PAGE 1 OF 12 
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)

36. PAYMENT

PARTIAL FINAL

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
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SPE3S1-20-D-Z218

Form

All terms and conditions of solicitation SPE3S1-20-Q-0001, amendment 0001 and amendment 0002, are hereby incorporated 

into this contract. 

 

SCHEDULE OF SUPPLIES 

 

CLIN 0001 

NSN: 8925-01-529-6633 

Item Description: Pan Coated, Peanut Butter Disks, 1.53 oz. flex package. Type VI, Style A, Flavor 4 CID A-A-20177F dated 

July 12, 2019. (For Unitized Group Rations- Heat & Serve and UGR-M). 

 

 

Contract Period of Performance: 5/18/2020 - 5/17/2022 

Tier 1: 5/18/2020 - 5/17/2021 

Tier 2: 5/18/2021 - 5/17/2022 

Unit of Issue: BG

Tier 1 Unit Price: $0.54

Tier 2 Unit Price: $0.54

 

Minimum Quantity: 300,000 BG 

Maximum Quantity: 2,400,000 BG 

 

Total Max Dollar Value: $1,296,000 

 

Quantity variance: PLUS 2%, MINUS 2% 

 

Pricing is F.O.B. Destination to the following address: 

 

DLA Distribution San Joaquin 

25600 S Chrisman Road 

Warehouse # 30, Section 2- UGR 

DODAAC: W62G2T 

Tracy, CA 95304 

 

The Shelf Life requirement is 36 months. 

 

Each delivery must be scheduled with Tracy Depot. To schedule a delivery appointment, email the following address: 

DDJCUGRLeaders@dla.mil and James.Arzadon@DLA.MIL

Call 209-839-4481 or 209-839-4461 for immediate assistance. 

 

If a delivery issue occurs, contact your DLA Troop Support contract specialist or contracting officer in Philadelphia, PA 

immediately. 

 

A WAWF Report must accompany every shipment sent to Tracy Depot. Shipments without the proper paperwork will be 

processed into litigation status. 

 

Government Inspection/Acceptance will be at destination for identity, count, and condition for all terms and conditions of the 

contract. 

 

 
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Form (CONTINUED)

 

 

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 DLA Troop 

Support Contracting Officer. 

 

B. In the event that the vendor effects any change at the direction of any person other than the DLA 

Troop Support Contracting Officer, the change will be considered to have been made without authority and no adjustments will 

be made to cover any costs associated with such change. 

 

CONTRACT CLAUSES 

 

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 
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SPE3S1-20-D-Z218

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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. 

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

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

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

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

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

___ (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) 

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 

FAR 

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR 

52.209-07 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) FAR 

52.211-02 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN 

THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014) 

FAR 

52.211-05 MATERIAL REQUIREMENTS (AUG 2000) FAR 

52.211-06 BRAND NAME OR EQUAL (AUG 1999) FAR 
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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 600,000; 

(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) 

 

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR 

 

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

conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, 

specified in paragraph (b) of this clause. 

(b) The permissible variation shall be limited to: 

2 Percent increase [Contracting Officer insert percentage] 

2 Percent decrease [Contracting Officer insert percentage] 

 

This increase or decrease shall apply to the individual line item.* 

 

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR 

 

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR 

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

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

contract. 

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

Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and 

including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of 

supplies or services designated in the Schedule as the “minimum.” 

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

orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at 

multiple locations. 

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

Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and 

obligations with respect to that order to the same extent as if the order were completed during the contract's effective period ; 

provided, that the Contractor shall not be required to make any deliveries under this contract after 790 days after award 

(End of clause) 

 

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007) FAR 

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS 
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Part 12 Clauses

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

 

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

INFORMATION (OCT 2016) DFARS

 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS

 

252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT 

OFFSETS (JUN 2018) DFARS

 

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 

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
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Field Name in WAWF Data to be entered in 

WAWF

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

 

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

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

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

(DEC 2019) DFARS

 

Attachments

List of Attachments

File Name Description

ATTACH__ Hershey Page 1 signed.pdf