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

1000077423

2. CONTRACT NO.

SPE3S1-19-D-Z212

3. AWARD/EFFECTIVE 

DATE

2019 SEP 13

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE3S1-19-Q-0005

6. SOLICITATION ISSUE 

 DATE 

2019 JUN 07

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: 311919

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

6D623

SO-PAK-CO, INC. DBA SOPAKCO 

 PACKAGING 

118 S Cypress St 

MULLINS SC 29574-3004 

USA

TELEPHONE NO. 4232781423

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)

$6,264,547.20

 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)

Harry Streibich 

HARRY.STREIBICH@DLA.MIL

31c. DATE SIGNED

2019 SEP 13

1 SPE3S1-19-Q-0005

0000-00-00

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

 DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), 

 INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , 

 HEREIN IS ACCEPTED AS TO ITEMS: 

EDWOSB

PAGE 1 OF 35
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
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Part 12 Clauses

Contract Details 

This acquisition is a three-year Indefinite Delivery Purchase Order (IDPO) with a firm-fixed price agreement. 

 

Pricing is FOB Destination to the following address: 

 

DLA Distribution San Joaquin 

25600 S Chrisman Road 

Warehouse # 30, Section 2- UGR 

DODAAC: W62G2T 

Tracy, CA 95304 

 

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

DDJCUGRLeaders@dla.mil

Call (209) 839-5597 for immediate assistance. If a delivery issue occurs, contract 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 proper paperwork will be 

processed into litigation status. 

 

Inspection/Acceptance: Destination/Destination 

 

All terms and conditions of solicitation SPE3S1-19-Q-0005 are incorporated into this contract. 

 

Schedule of Supplies 

CLIN 0001

NSN: 8925-01-675-9077

Item Description 

CASHEW HALVES (SPLITS); 

NSN: 8925-01-675-9077 INCLUDES EVENLY DISTRIBUTED COATING OF FINE DUSTING OF JALAPENO FLAVOR; 19GM PKG 

 

 Est. Annual Qty. Unit of Unit Price 

 Issue 

Tier 1 13,440 Bag of 50 $38.63 

Tier 2 13,440 Bag of 50 $39.79 

Tier 3 13,440 Bag of 50 $40.99 

 

Total Contract Estimate for all 3 Tiers $1,604,873.46

 

Quantities: 

 Minimum: 3,360 Bags 

 Estimated: 40,320 Bags 

 Maximum: 80,640 Bags 

 

CLIN 0002

NSN: 8940-01-675-9085

Item Description 

BEEF SNACK, FERMENTED, CHOPPED AND FORMED STICKS, TERIYAKI, SHELF STABLE 

NSN: 8940-01-675-9085, 27 GM FLEX PG 
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CONTINUED ON NEXT PAGE

 

 

 

 Est. Annual Qty. Unit of Unit Price 

 Issue 

Tier 1 13,440 Bag of 25 $21.16 

Tier 2 13,440 Bag of 25 $21.80 

Tier 3 13,440 Bag of 25 $22.45 

 

Total Contract Estimate for all 3 Tiers $879,032.38

 

Quantities: 

 Minimum: 3,360 Bags 

 Estimated: 40,320 Bags 

 Maximum: 80,640 Bags 

 

CLIN 0003

NSN: 8920-01-675-9070

Item Description 

TOASTER PASTRY CHOC CHIP, FROSTED 

NSN: 8920-01-675-9070, 1.6-2.2 OZ IND SERV PG, 

 

 Est. Annual Qty. Unit of Unit Price Total Estimated 

 Issue Dollar Value 

 

Tier 1 34,560 Bag of 50 $30.94 

Tier 2 34,560 Bag of 50 $31.87 

Tier 3 34,560 Bag of 50 $32.82 

 

Total Contract Estimate for all 3 Tiers $3,304,955.05

 

Quantities: 

 Minimum: 8,640 Bags 

 Estimated: 103,680 Bags 

 Maximum: 207,560 Bags 

 

Period of Performance: 

Tier 1: 9/13/2019 - 9/12/2020 

Tier 2: 9/13/2020 - 9/12/2021 

Tier 3: 9/13/2021 - 9/12/2022 

 

The required delivery date (RDD) will be 90 days after issuance of each delivery order. Note: Deliveries may fall outside of 

effective period. The government has the right to obtain compensation for deliveries that do not meet the RDD. 

 

In accordance with DFARS 252.225-7012 the Berry Amendment shall be the applicable “sourcing” restriction. 

 

 

 

 

 
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CONTRACT REQUIREMENTS 

1. PACKAGING: 

 

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. 

 

2. TRACEABILITY: 

 

In order to facilitate an effective Traceability Program for the end-item Group Ration Program, the contractor shall ensure that 

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

of pack is equal to the date of production. The date of pack on the Placards shall be identical to the material code on each 

individual case. These package codes shall be permanent and legible. Failure to comply will result in delayed payment. 

 

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. If the contractor's lot identification is of their 

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

delivery. Package codes per case lot number shall be identified on the accompanying iRapt Report/Bill of Lading/DD250 upon 

delivery. 

 

Additionally, the contractor shall ensure that Traceability Records include identifying ALL ingredients and ALL sources for 

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

(Assembler) for the Unitized Group Ration Programs. This information shall be made available within 24 hours. 

 

3. DATE OF PACK: 

 

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

shipments of components/product from a producer to destination/assembly points shall not be older than 90 days at time of 

shipment. 

 

4. MISCELLANEOUS REQUIREMENTS: 

 

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 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. 

 

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

subcontractor's plants during performance of manufacturing operations. Except for inspection service, the Contracting Officer 

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

 

5. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS: 

 

For shipments to Department of Defense Depots, all Shipping Containers and Unit Load shall be marked in accordance with 

DLA Troop Support Form 3556, entitled “Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semiperishable Subsistence, dated October 2010.” 

All unit loads shall be clearly marked with the following information on two adjacent sides of the load with the largest characters 

possible as follows: 
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 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) * 

 *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). 

 

Pallets containing mixed lots will not be accepted. 

Pallets containing material labeled with mixed delivery order numbers will not be accepted. 

 

6. XVII. REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) 

 

A. This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract 

and/or when WPM is being acquired under this contract. 

B. Definition. 

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

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

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

C. All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or 

acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, 

"Guidelines for Regulating Wood Packaging Materials in International Trade." DOD shipments inside and outside 

of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo. 

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

treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood 

packaging material program and WPM enforcement regulations (see http://www.alsc.org/). 

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

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

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

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

configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved 

dunnage stamp. 

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

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

 

7. 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.” 

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. 

 

8. INTEGRATED PEST MANAGEMENT (IPM) 

 

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.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/

FoodSafety/FoodQuality/TS_ipm-cpaf_151204.pdf 

 

9. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS: 

 

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

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

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

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

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

published by the U.S. Army Institute of Public Health (USAIPH), or an establishment inspected and approved by the U.S. 

Department of Agriculture (USDA) or the U.S. Department of Commerce (USDC) and possessing a USDA/USDC 

establishment number. This requirement applies to all GFM and 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-FTRE 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-FTRE, 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. 
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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, 

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, 
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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. 

 

10. MISCELLANEOUS REQUIREMENTS: 

 

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. 

 

 

11. 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 SupportFTR, and DLA Troop Support-FTRE, 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 
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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-FTRE. 

 

 2. Food Safety and Foreign Material: All corrective actions for product retained due to processed/unprocessed container mixups 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 do not require a waiver request. However, foreign 

material discovered during in-house or GQAR/USDA end item inspection is cause for rejection of the lot. Rework request that 

result from foreign material identified during end item inspection of the in-house and/or GQAR/USDA requires prior approval 

from DLA Troop Support FTR. 

 

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. 

 

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

authorized.” 

 

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. 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 
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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 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) 
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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 non-reworked 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. 

 

12. QUALITY ASSURANCE PROVISIONS- GOVERNMENT INSPECTION AND ACCEPTANCE: 

 

A. Government inspection shall also be at destination (Defense Depot) for identity, count and condition for all terms and 

conditions of the contract. This shall include but is not limited to the following 

 

a. All shipments must be accompanied by a Bill of Lading and a WAWF Report. 

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

a single shift's production. 

c. All unit loads must be marked in accordance with DLA Troop Support 3507. 

d. All unit loads shall be stable and not exceed 50 inches high. 

e. All delivered product shall be free of defects. 

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

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

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

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

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

code. Date of pack on individual cases shall match date specified on placards. 

k. 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). 

 

B. ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS - DLA TROOP SUPPORT - SUBSISTENCE 

(a) Optional Contractor testing of Contractor-furnished materials. 

To expedite shipment, the Contractor has the option to perform, or have performed by an independent laboratory, contractuallyrequired tests of end items or component material not specified by the U.S. Standards of Grade. The inspector for the 

Government agency having jurisdiction over ascertaining compliance may permit shipment, provided all other requirements of 

the contract are met. The designated Government inspector will select random samples of each lot of end items or component 

material for verification testing until the Contractor's testing system is determined reliable in accordance with paragraph (c) of 
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this clause. It is the intent of the Government to rely on Contractor test results to the maximum extent practicable and minimize 

Government verification testing. 

(b) Compliance of product. 

Acceptance of material as complying with required characteristics shall be based on the Contractor's test results; provided that 

Government verification indicates the Contractor's testing system is reliable, in accordance with paragraph (c) of this clause, as 

to each of the required characteristics. If the Contractor's test system is determined to be unreliable, product compliance will be 

determined based solely on Government test results. In the event the Government detects any irregularities in the Contractor's 

testing system, the designated Government inspector may withhold approval until Government test results indicate products 

conform to contract requirements. (For Meal, Ready-to-Eat (MRE) items, if Government laboratory test results show that 

product is nonconforming, the product shall be withheld from final assembly and subject to return and replacement by the 

component Contractor, even if previously approved by the Government inspector.) 

(c) Reliability conditions. 

 (1) To be considered reliable, the Contractor's testing system shall produce results comparable to the Government test results; 

unless the Government agency having jurisdiction has inspected the item produced at the Contractor's plant within the previous 

120 days. Unless otherwise specified in this contract, the Government inspector will select samples randomly from the first three 

lots of end items presented for inspection and will conduct verification testing on a skip-lot basis. Skip-lot verification is done by 

random selection of samples from not less than one lot in six consecutive lots presented for inspection. The sampling procedure 

under skip-lot places the succeeding lots not chosen for inspection back into the universe available for subsequent inspection. 

(For instance, starting with a group of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next 

samples will be selected from lots 5, 6, 7, 8, 9, or 10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 

13, or 14; and so on.) 

 (2) Contractor's testing system shall be considered unreliable when (i) the Government verification results indicate product 

nonconformance to contract requirements; and (ii) a significant disparity exists between Government laboratory results and 

Contractor test results. When a Contractor's testing system is determined to be unreliable, compliance testing will revert to the 

Government, and all items shall be inspected by the Government prior to shipment. 

 (3) Contractor's testing system will be considered doubtful when (i) a significant disparity exists between Government 

laboratory results and Contractor test results; (ii) the Government test results indicate significantly poorer quality than the 

Contractor's; and (iii) the Government laboratory test results do not indicate product nonconformance to a statistically significant 

degree. When the Contractor's testing system is considered doubtful, verification testing will be performed on each lot produced; 

however, the Government will continue to permit the Contractor to ship based on its own test results. 

 (4) Contractor testing system reliability will be determined by applying recognized statistical tests to the Contractor's and 

Government's test results. These determinations shall be accomplished by the DLA Troop Support, Directorate of Subsistence, 

Product Services Office, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092. 

 (5) The Contracting Officer will notify the Contractor of any change in reliability status. Notification will include details of the 

statistical determinations and test results used in reliability studies. Telephonic notification and copies of these determinations 

will be provided to the Government by DLA Troop Support FTRE. 

(d) Procedures. When the Contractor elects to perform testing, the following shall apply: 

 (1) Reporting of Contractor's results. Test reports for each lot of end item and components shall be submitted in the format 

contained in this clause by the Contractor in an original and one copy to the designated Government inspector. The inspector 

will forward one completed copy to DLA Troop Support FTRE. 

 (2) Verification actions. The Government will perform verification testing for food items and component material required by 

the contract to assure that the Contractor's testing results are reliable. Verification samples will be accompanied by a Department 

of Defense (DD) form 1222, Request for and Results of Tests. The Government laboratory that performs the tests will provide 

copies of the test results to the Government inspector and to DLA Troop Support FTRE. The Government laboratory will 

telephone the results to DLA Troop Support HS (215-737-4259) when testing identifies nonconformance. The Government 

reserves the right to (i) increase the rate or amount of verification testing up to and including full lot-by-lot testing, in the event 

the Contractor does not furnish reliable test results or certificates; or (ii) obtain additional data when significant disparities exist 

between the Contractor's results and the results of the Government laboratory testing. When any element of the Contractor 

testing system is determined unreliable, the Government may consider the testing system as a whole unreliable and return to full 

lot-by-lot verification for every test. Testing by the Government will continue until such time as the Contractor's reliability is 

again established. 

 (3) Standby test samples. The Government reserves the right to withdraw and hold standby test samples of component or 

finished product or both (the quantity of which shall be the next larger available sample size required for unit testing and the 
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same sample size required for composite testing) for inspection purposes. Unused samples will be returned to the Contractor. 

(e) Charges applicable to unreliable test status. The prime Contractor shall be charged the costs of lot-by-lot inspection during 

the period that its testing system is considered unreliable. These charges will be processed and approved by the Contracting 

Officer. 

(f) Format for Contractor/subcontractor test report. 

Name and address of Contractor: 

Name and address of subcontractor: (if applicable) 

Received for testing: (date) 

Contract number: 

Sample tested: (end item or component, indicate by name) 

Quantity tested: 

Applicable specification: 

Identification of lot: (end item or component lot number, as applicable) 

Quantity in lot: (units) 

Testing completed: (date) 

Test report 

(Report test results for each sample unit tested and the sample average, if required by the specification, and identify results 

obtained from composite samples.) 

(Typed name and title of laboratory official and signature) 

The following certification shall be affixed to the test report when testing was performed on component items by supplier's 

laboratory or by subcontractor's laboratory. 

Certification 

I certify that the above test results were furnished to this firm to cover the testing of samples which are representative of the lot, 

and to the best of my knowledge and belief, have been found to comply with the analytical requirements of the specification, 

contract no. _______________ 

Signature:______________________________ 

(typed name and title of Contractor's representative who is authorized to sign the certificate, and the date) 

The following certification shall be affixed to the test report when testing was performed on component and/or end item by 

Contractor's laboratory or an independent laboratory. 

Certification 

I certify that the item presented for acceptance under terms of above referenced contract has been tested, as required by the 

contract, through the testing of samples that were representative of the lot, and to the best of my knowledge and belief, were 

found to comply with the analytical requirements of the specification and the contract. 

Signature: ___________________________________________________________________ 

(typed name and title of Contractor's representative who is authorized to sign the certificate, and the date) 

Distribution: 

(Original and one (1) copy to Government inspector, who will forward one (1) copy to DLA Troop Support FTRE; and hard 

copy with each shipment, when DD Form 250 (MIRR) reports are not provided.) 

(End of Text) 

 

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

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)
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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 

CONTRACT CLAUSES 

 

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR 

**** 

(b) The permissible variation shall be limited to: 

2.00 Percent increase 

2.00 Percent decrease 

This increase or decrease shall apply to each individual line item. 

 

52.212-4, Contract Terms and Conditions --Commercial Items (OCT 2018) is incorporated in this solicitation by reference. 

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

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

 

The following paragraph(s) of 52.212-4 are amended as indicated below: 

1. Paragraph (a), Inspection/Acceptance, is revised to add FAR clause 52.246-2, Inspection of

Supplies - Fixed Price. FAR 52.246-2 expands the definition of “Supplies,” to include, but not limit to, raw materials, 

components, intermediate assemblies, end products, and supply lots. FAR 52.246-2 provides a basis for the Government's right 

to perform Product Verification Testing (PVT), which is a requirement on any resulting contract(s). PVT is addressed in DLAD 

clause 52.246-9004. Each clause is contained in full text elsewhere in the solicitation. 

 

2. Paragraph (c), Changes, is deleted in its entirety and replaced with the following: 

(c) Changes. 

 The Contracting Officer may at any time, by unilateral written order, make changes within the general scope of this 

contract in any one or more of the following: 

(i) Method of shipment or packing; 

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

 (2) If such change causes an increase or decrease in the cost of, or time required for, 

 performance for any part of the work under this contract, the Contracting Officer shall make equitable adjustment in the 

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

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

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

and act upon a proposal submitted before final payment of the contract. 

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

excuse the Contractor from proceeding with the contract. 

 

3. Paragraph (m), Termination for Cause is deleted and replaced with the following: 

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

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

Government upon request, with adequate assurances of future performance. In the event of termination for cause, the 

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall 

be liable to the Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in 

part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the 

Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in 

addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the 
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Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This 

assessment of damages for administrative costs shall apply for any termination for cause following which the Government 

repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the 

termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be 

deemed a termination for convenience. 

 

4. Paragraph (o), Warranty is deleted in its entirety and replaced with the following: 

(a) Definitions. 

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government 

assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete 

performance of the contract. 

"Correction," as used in this clause, means the elimination of a defect. 

"Supplies," as used in this clause, means the end item furnished by the Contractor and related services required under the 

contract. The word does not include "data". 

(b) Contractor's obligations. 

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of 

this contract concerning the conclusiveness thereof, the Contractor warrants that for 6 months after receipt of supplies at 

destination or, in the case of supplies required to bear an expiration date, for the expiration date indicated in the labeling thereof, 

all supplies furnished 

 (i) Are of a quality to pass without objection in the trade under the contract description; 

(ii) Are fit for the ordinary purposes for which the supplies are used; 

(iii) Are within the variations permitted by the contract, and are of an even kind, quality and quantity within each unit and 

among all units; 

(iv) Are adequately contained, packaged, and marked as he contract may require; and 

(v) Conform to the promises or affirmations of fact made on the container. 

 (2) When return of the supplies to the contractor and redelivery, if applicable, is required, transportation charges and 

responsibility for the supplies while in transit shall be borne by the contractor. Contractor shall also be liable for: 

(i) Handling costs and incidental charges incurred by the Government in the preparation of the above described supplies for 

return to the contractor and in return of said supplies to storage, after redelivery by the contractor; and 

(ii) For cost of Government examination of the corrected or replaced supplies computed and charged at the flat rate of $49.28 

per hour. 

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of 

this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be 

equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of receipt of the corrected or replaced 

supplies at destination. 

(c) Remedies available to the government. 
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(1) Notice Requirement: The Contracting Officer shall give written notice to the contractor of any breach of warranties in 

paragraph (b)(1) of this clause within 7 days from receipt of supplies at destination or, in the case of supplies required to bear an 

expiration date, no later than one month following the expiration date indicated in the labeling.

(2) Conformance of supplies or parts thereof subject to warranty action shall be determined in accordance with the inspection 

and acceptance procedures contained in the contract except as provided herein. If the contract provides for sampling, the 

Contracting Officer may group any supplies delivered under this contract. The size of the sample shall be that required by the 

sampling procedure specified in the contract for the quantity of supplies on which warranty action is proposed, except when 

projecting sampling results. Warranty sampling results may be projected over supplies in the same shipment or other supplies 

contained in other shipments even though all of such supplies are not present at the point of reinspection and regardless of 

whether such supplies have been issued or consumed, provided (1) the supplies from which the samples were drawn are 

reasonably representative of the quantity on which warranty action is proposed, and (2) the defects found in the sample size are 

sufficient to reject the quantity of supplies on which warranty action is proposed, even though the sample size may be less than 

that required for such quantity. The original inspection lots need not be reconstituted, nor shall the Contracting Officer be 

required to use the same lot size as on original inspection. Within a reasonable time after the notice, the Contracting Officer may 

exercise one or more of the following options; and also, following the exercise of any option, may unilaterally change it to one 

or more of the other options set forth below: 

(i) Require an equitable adjustment in the contract price for any supplies or group of supplies; 

 (ii) Screen the supplies grouped under this clause at contractor's expense and return all nonconforming supplies to the contractor 

for correction or replacement; 

(iii) Require the contractor to screen the supplies at depots designated by the Government within the continental United States 

and to correct or replace all nonconforming supplies; 

 (iv) Return any supplies or group of supplies under this clause to the contractor (irrespective of the f.o.b. point or the point of 

acceptance) for screening and correction or replacement; 

(v) Return or hold for contractor's account any supplies or group of supplies delivered hereunder, whereupon the contractor shall 

repay the contract price paid therefore. In such event, the Government may reprocure similar supplies upon such terms and in 

such manner as the Contracting Officer may deem appropriate, and charge to the contractor the additional cost occasioned the 

Government thereby. 

(3) When remedy (c) (2) (iii) or (c) (2) (iv) of this clause is exercised, the contractor is required to submit in writing and within 

30 days after receipt of notice of such invocation a schedule for either: 

(i) Correction and/or replacement of all defective supplies and subsequent redelivery of the returned supplies; or, 

(ii) Screening defective supplies at each depot involved and subsequent redelivery of all corrected and/or replaced supplies. 

Such schedule will become a part of the contract delivery schedule upon agreement thereto by the Government. If the contractor 

fails to provide an agreeable schedule within the specified period, or any extension agreed to by the Government, the 

Government may correct the items and charge the contractor's account; or, issue a contract for correction of the items and charge 

the contractor's account; or, exercise one or more of the remedies specified in paragraph (4) below. 

(4) If the contractor fails to accept return of the nonconforming supplies; or, fails to make redelivery of the corrected or replaced 

supplies to the Government within the time established; or, fails to make progress after their return to correct or replace them so 

as to endanger performance within the time established for redelivery and does not cure such failure within a period of 10 days 
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(or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer 

specifying such failure, the Contracting Officer may exercise one or more of the following remedies: 

(i) Retain or have the contractor return the nonconforming supplies and require an equitable adjustment in the contract price. 

(ii) Return or hold the nonconforming supplies for contractor's account, or require the return of the nonconforming supplies and 

then hold for contractor's account, whereupon the contractor shall repay the contract price therefore. In such event, the 

Government may reprocure similar supplies upon such terms and in such manner as the Contracting Officer may deem 

appropriate, and charge to the contractor the additional costs occasioned the Government thereby. 

(iii) If the contractor fails to furnish timely disposition instructions, dispose of the nonconforming supplies for the contractor's 

account in a reasonable manner, in which case the Government is entitled to reimbursement from the contractor or from the 

proceeds for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for any other costs 

incurred or to be incurred. 

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to 

the Government by any other clause of this contract. 

 (d) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within 

the meaning of the "Disputes" clause of this contract. 

 (e) When the contract specifies ultimate delivery of supplies to a location outside the contiguous United States, such location 

shall be deemed the destination for purposes of this clause. 

 

5. Paragraph (r) Compliance with laws unique to Government contracts is revised to include the following: 

(r) The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence 

certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and 

Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower 

protections; Section 1n553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for 

contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. 

 

6. Paragraph (t), System for Award Management (SAM). 

Add the following: 

 (5) Definitions. 

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and 

Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related 

processes. 

“Commercial and Government Entity (CAGE) Code” means -- 

(a) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or 

(b) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE 

master file. This type of code is known as an “NCAGE code”. 

“Data Universal Number System (DUNS) Number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to 

identify unique business entities. 

“Data Universal Numbering System+4 (DUNS+4) Number” means the DUNS number assigned by D&B plus a 4-character 

suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix 

may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative 
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Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent 

concern. 

“Registered in the SAM Database” means that -- 

(a) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM 

database; 

(b) The Contractor's CAGE code is in the SAM database; and 

(c) The Government has validated all mandatory data fields and has marked the records “Active.” 

 

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

ORDERS --COMMERCIAL ITEMS (JAN 2019) 

 

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91). 

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 

(5) 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: 

[Contracting Officer check as appropriate.] 

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

(Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). 

___ (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). 
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___ (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 (Nov 2011) (15 U.S.C. 657a). 

___ (ii) Alternate I (Nov 2011) of 52.219-3. 

_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the 

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

___ (ii) Alternate I (Jan 2011) of 52.219-4. 

___ (13) [Reserved] 

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). 

___ (ii) Alternate I (Nov 2011). 

___ (iii) Alternate II (Nov 2011). 

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 

___ (ii) Alternate I (Oct 1995) of 52.219-7. 

___ (iii) Alternate II (Mar 2004) of 52.219-7. 

_X_ (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 (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (v) Alternate IV (Aug 2018) of 52.219-9. 

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). 

___ (20) 52.219-16, Liquidated Damages --Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 
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___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). 

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). 

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

Business Concerns (Dec 2015) (15 U.S.C. 637(m)). 

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

Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). 

 X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). 

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

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

___ (ii) Alternate I (Feb 1999) of 52.222-26. 

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

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

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

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (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). 

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of 

commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.

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

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

available off-the-shelf items.) 

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.

O.13693). 

_X_ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 

2016) (E.O. 13693). 
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___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 

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

___ (39) (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. 

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 

___ (41) (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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). 

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). 

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 

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

_X_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.

S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 

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

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

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

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes 

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

___ (50) 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). 

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307

(f)). 
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___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). 

___ (56) 52.232-34, Payment by Electronic Funds Transfer --Other Than System for Award Management (Jul 2013) (31 U.

S.C. 3332). 

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

_X_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). 

___ (60) (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). 

_X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.

S.C. 206 and 41 U.S.C. chapter 67). 

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, 

Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). 

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--

Requirements (May 2014) (41 U.S.C. chapter 67). 

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). 

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). 

(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 
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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 (Jan 2019) (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). 

(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 2019) (38 U.S.C. 4212). 

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 
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(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) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, 

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

 (End of Clause) 

52.247-34 -- F.O.B. - DESTINATION. (NOV 1991) 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS 

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR 

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

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR 

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

CYBER INCIDENT INFORMATION (OCT 2016) 

(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 Governmentwide policies, and is -- 

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on 

behalf of DoD in support of the performance of the contract; or 

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the 

performance of the contract. 

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or 

potentially adverse effect on an information system and/or the information residing therein. 

“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. 

(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 non-disclosure 

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, 
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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) 

 

52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 

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

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, 

stores, or transmits Federal contract information. 

“Federal contract information” means information, not intended for public release, that is provided by or generated for the 

Government under a contract to develop or deliver a product or service to the Government, but not including information 

provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to 

process payments. 

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or 

form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems 

Instruction (CNSSI) 4009). 

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, 

sharing, dissemination, or disposition of information (44 U.S.C. 3502). 

“Safeguarding” means measures or controls that are prescribed to protect information systems. 

(b) Safeguarding requirements and procedures. 

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered 

contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information 

systems shall include, at a minimum, the following security controls: 

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or 

devices (including other information systems). 

(ii) Limit information system access to the types of transactions and functions that authorized users are 

permitted to execute. 

(iii) Verify and control/limit connections to and use of external information systems. 

(iv) Control information posted or processed on publicly accessible information systems. 

(v) Identify information system users, processes acting on behalf of users, or devices. 

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing 

access to organizational information systems. 

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or 

release for reuse. 

(viii) Limit physical access to organizational information systems, equipment, and the respective operating 

environments to authorized individuals. 

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage 

physical access devices. 

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by 

organizational information systems) at the external boundaries and key internal boundaries of the information 

systems. 

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated 

from internal networks. 

(xii) Identify, report, and correct information and information system flaws in a timely manner. 

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available. 

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files 

are downloaded, opened, or executed. 

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by 

Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding 

requirements for controlled unclassified information (CUI) as established by Executive Order 13556. 
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(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts 

under this contract (including subcontracts for the acquisition of commercial items, other than commercially available 

off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through 

its information system. 

(End of clause) 

 

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 

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

“Controlled technical information,” “covered contractor information system,” “covered defense information,” “cyber incident,” 

“information system,” and “technical information” are defined in clause 252.204-7012, Safeguarding Covered Defense 

Information and Cyber Incident Reporting. 

(b) The security requirements required by contract clause 252.204-7012, shall be implemented for all covered defense 

information on all covered contractor information systems that support the performance of this contract. 

(c) For covered contractor information systems that are not part of an information technology service or system operated on 

behalf of the Government (see 

252.204-7012(b)(2) --

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by 

National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 “Protecting Controlled 

Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.

SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later 

than December 31, 2017. 

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in 

effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the 

Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of -- 

(A) Why a particular security requirement is not applicable; or 

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a 

particular requirement and achieve equivalent protection. 

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 

requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into 

the resulting contract. 

(End of provision) 

 

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

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

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or 

unauthorized access to, or modification of information. 

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in 

which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of 

information to unauthorized media may have occurred. 

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or 

indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility 

locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other 

commercially sensitive information that is not customarily shared outside of the company. 

“Controlled technical information” means technical information with military or space application that is subject to controls on 

the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical 

information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD 

Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully 

publicly available without restrictions. 

“Covered contractor information system” means an unclassified information system that is owned, or operated by or for, a 

contractor and that processes, stores, or transmits covered defense information. 

“Covered defense information” means unclassified controlled technical information or other information, as described in the 

Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires 

safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is -- 
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(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on 

behalf of DoD in support of the performance of the contract; or 

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the 

performance of the contract. 

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or 

potentially adverse effect on an information system and/or the information residing therein. 

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in 

a manner that maintains the integrity of the data. 

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, 

sharing, dissemination, or disposition of information. 

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse 

impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan 

horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. 

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic 

disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed 

within a covered contractor information system. 

``Operationally critical support'' means supplies or services designated by the Government as critical for airlift, sealift, 

intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the 

Armed Forces in a contingency operation. 

“Rapidly report” means within 72 hours of discovery of any cyber incident. 

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 

252.227-7013, Rights in Technical Data -- 

Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of 

technical information include research and engineering data, engineering drawings, and associated lists, specifications, 

standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and 

analyses and related information, and computer software executable code and source code. 

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To 

provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or 

system operated on behalf of the Government, the following security requirements apply: 

(i) Cloud computing services shall be subject to the security requirements specified in the clause 

252.239-7010, Cloud Computing Services, of this contract. 

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the 

security requirements specified elsewhere in this contract. 

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government 

and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security 

requirements apply: 

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to 

the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, 

“Protecting Controlled Unclassified Information in Nonfederal Information Systems 

and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the 

solicitation is issued or as authorized by the Contracting Officer. 

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. 

For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), 

via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 

800-171 not implemented at the time of contract award. 

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, 

for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by 

an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, 

security measure that may be implemented in its place. 

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not 

applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided 

to the Contracting Officer when requesting its recognition under this contract. 
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(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered 

defense information in performance of this contract, the Contractor shall require and ensure that the cloud 

service provider meets security requirements equivalent to those established by the Government for the Federal 

Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/

resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through 

(g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to 

additional information and equipment necessary for forensic analysis, and cyber incident damage assessment. 

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems 

security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate 

security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, 

or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan. 

(c) Cyber incident reporting requirement. 

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered 

defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract 

that are designated as operationally critical support and identified in the contract, the Contractor shall -- 

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, 

identifying compromised computers, servers, specific data, and user accounts. This review shall also include 

analyzing covered contractor information system(s) that were part of the cyber incident, as well as other 

information systems on the Contractor's network(s), that may have been accessed as a result of the incident in 

order to identify compromised covered defense information, or that affect the Contractor's ability to provide 

operationally critical support; and 

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil. 

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall 

include, at a minimum, the required elements at http://dibnet.dod.mil. 

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor 

or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information 

on obtaining a DoD-approved medium assurance certificate, see 

http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection 

with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with 

instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer. 

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall 

preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and 

all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow 

DoD to request the media or decline interest. 

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor 

shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. 

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer 

will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph 

(e) of this clause. 

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect 

against the unauthorized use or release of information obtained from the contractor (or derived from information 

obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including 

such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall 

identify and mark attributional/proprietary information. In making an authorized release of such information, the 

Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that 

is included in such authorized release, seeking to include only that information that is necessary for the authorized 

purpose(s) for which the information is being released. 

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is 

obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not 

created by or for DoD is authorized to be released outside of DoD -- 

(1) To entities with missions that may be affected by such information; 

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; 
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(3) To Government entities that conduct counterintelligence or law enforcement investigations; 

(4) For national security purposes, including cyber situational awareness and defense purposes (including with 

Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or 

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a 

contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party 

Contractor Reported Cyber Incident Information. 

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is 

obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created 

by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and 

released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful 

Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the 

Government's use and release of such information. 

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the 

interception, monitoring, access, use, and disclosure of electronic communications and data. 

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause 

in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its 

unclassified information systems as required by other applicable clauses of this contract, or as a result of other 

applicable U.S. Government statutory or regulatory requirements. 

(m) Subcontracts. The Contractor shall -- 

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for 

operationally critical support, or for which subcontract performance will involve covered defense information, 

including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor 

shall determine if the information required for subcontractor performance retains its identity as covered defense 

information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; 

and 

(2) Require subcontractors to -- 

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary 

from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph 

(b)(2)(ii)(B) of this clause; and 

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next 

higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in 

paragraph (c) of this clause. 

(End of clause) 

 

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) 

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): 

http://farsite.hill.af.mil/

(End of clause) 

 

52.211-14 -- Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use. (APR 

2008) 

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 

 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016) 

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS 

 

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) FAR 

 
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52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR 

 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 

 

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS 

 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING 

(OCT 2016) DFARS 

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM --BASIC (DEC 2016) DFARS 

 

Time of Delivery - Ordering Office (SEP 2015) 

TIME OF DELIVERY - ORDERING OFFICE 

Material ordered under the terms of this Contract shall be delivered within _90__ days after the date of the order. 

Notwithstanding any other provisions or clauses of this Contract, no deliveries shall be made prior to issuance of the delivery 

order on Department of Defense (DD) Form 1155. 

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR 

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

pallet layer, 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 184,320 BG ; 

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

(3) A series of orders from the same ordering office within 7 calendar days that together call for quantities exceeding the 

limitation in paragraph (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 3 days after issuance, with 

written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, 

the Government may acquire the supplies or services from another source. 

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR 

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

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

contract. 

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

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

(End of clause) 

 

252.216-7006 ORDERING (MAY 2011) DFARS 

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by 

the individuals or activities designated in the contract schedule. Such orders may be issued from date of award through 1095

days thereafter.

 

 

 

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 (OCT 2016) 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

As prescribed in 232.7004(b), use the following clause: 

(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- 
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(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 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 backup 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. 

Matthew.Depetris@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. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 35 OF 35 PAGES

SPE3S1-19-D-Z212

Part 12 Clauses (CONTINUED)

dscpwawfteam@dla.mil 

(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

 

Attachments

List of Attachments

File Name Description ATTACH__ Page 1 Signed by Vendor.

pdf