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 1000048586

1. REQUISITION NUMBER

SPE3S1-16-D-5006

2. CONTRACT NO.

2016 AUG 17

3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-16-Q-0018

5. SOLICITATION NUMBER

2016 JUL 15

6. SOLICITATION ISSUE 

 DATE 

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: Jasmine Brown PSPTRAB Tel: 215-737-2937 Fax: 215-737-4115 

Email: JASMINE.BROWN@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: 000000

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA- 

 TION UNLESS BLOCK IS 

 MARKED

Net 30 days

12. DISCOUNT TERMS

 13a. THIS CONTRACT IS A 

 RATED ORDER UNDER 

 DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SPE3S1

SEE BLOCK 9 

Criticality: PAS: None

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

7LNX6

WERLING MEATS, INC. 

100 PLUM ST 

BURKETTSVILLE OH 

USA

TELEPHONE NO. 4193750037

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

$535,680.00

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

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

Thomas Haley 

THOMAS.HALEY@DLA.MIL 

PSPFTA4

31b. NAME OF CONTRACTING OFFICER (Type or Print)

2016 AUG 17

31c. DATE SIGNED

1 SPE3S116Q0018

2016-Jul-29

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

PAGE 1 OF 15

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

► ~ □ 

□ □ 

□ 

□ □ 

□ 

□ 

□ ~ □ □ I I 

I I I I 

□ □ 

~ - ~ 

~ 
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

□ □ □ 

□ □ □ □ □ 

I 
 

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SUPPLIES/SERVICES: 8905-01-654-0614

ITEM DESCRIPTION:

Effective period of the contract is from 08/17/2016 to 08/16/2017.

CLIN 0001:

Item Description: Bacon, Pork, Shelf stable, Precooked, sliced, smoky, salty, cured, cooked bacon odor and 

flavor; NAMP item 540 (18-22 slices per pound before cooking); no foreign odor or flavor; typical bacon 

color; skinless, fully cooked and placed layout style with edges abutting on sheets of parchment or commercial 

style food grade paper with ovenable, grease proof and wet-strength characteristics; minimum 36 month shelf 

life; commercially packaged, heat treated in #300 can; 9 ounces net weight. Product shall meet all general 

and detailed specs of the NAMP meat buyers guide. 

(For Unitized Group Ration Heat and Serve and Unitized Group Ration-B or M.)

Contract Minimum Quantity: 57,600 Cans

Contract Estimated Quantity: 57,600 Cans

Contract Maximum Quantity: 288,000 Cans

The price is F.O.B. Destination and includes freight to the following destination:

Defense Depot Tracy

W62G2T 

W1BG DLA DISTRIBUTION 

25600 S. CHRISMAN ROAD

WAREHOUSE No. 30, Section 2 – UGR

TRACY, CA 95376-5000 US

Call 209-839-5597 for an appointment at least 24 hours prior to delivery.

An iRAPT (Formerly WAWF) Report must accompany every shipment sent to Tracy Depot. Shipments without the 

proper paperwork will be processed into litigation status. 

1. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS

All Shipping Containers and Unit Loads shall be clearly marked, in accordance with DLA Troop Support Form 

3556 entitled “Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semi-perishable 

Subsistence, dated April 2016, with the following information on two adjacent sides of the load with the 

largest characters possible as follows: 

 Unitized Ration Component

 National Stock Number

 Item Name

 Date of Pack and Lot Number

 Number of Shipping Containers per Pallet

 Contract Number

 Contractor’s name and Address

 Inspection Test Date (ITD)

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

To calculate the ITD, add the shelf life value to the month/year date of pack. 

Example, if the Date of Pack is June 2007, and the shelf life is 36 months (3 years), then the ITD is 

computed as follows: 6/07 + 3 years = 6/10. If labels are used, they shall be permanently affixed with 

water-resistant adhesive tape. 

Shipments without the appropriate Shipping Container and Unit Load Markings will be rejected and returned to 

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SPE3S1-16-D-5006
 

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SUPPLY/SERVICE: 8905-01-654-0614 CONT'D

origin, or at the Contracting Officers discretion, reworked at a labor rate determined by the destination 

activity (not DLA Troop Support). 

2. UNITIZATION

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

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

entry pallet. The load shall be bonded with non-metallic strapping, shrink or stretch film, or others means 

that comply with carrier rules and regulations applicable to the mode of transportation (adhesive bonding is 

not acceptable). 

Bonding material shall secure the load to the pallet to form a consolidated, stable cargo which can be 

handled as a unit. For example, when strapping is used to secure the load, the straps shall pass under the top 

deck boards of the pallet. When stretch or shrink film is used, it must be applied low enough on the pallet to 

secure the load to the pallet. The unit load height shall not exceed 50 inches. 

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

Form 3507 of April 2014 entitled “Loads, Unit: Preparation of Semi-perishable Subsistence Items.” 

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

note: In the height dimension, this includes the 1-3/8" slave board that the pallet and material are placed 

on). 

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

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 75 days at time of shipment. 

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 8905-01-654-0614 57,600.000 EA $ 9.30000 $ 535,680.00 

 BACON,SLICED 

 ,PRECOO 

PRICING TERMS: Firm Fixed Price

SUPPLIES/SERVICES: 8905-01-654-0614

 Delivery 

CLIN Price (in days) .

0001 $ 9.30 0 

QTY VARIANCE: PLUS 2% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

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SUPPLY/SERVICE: 8905-01-654-0614 CONT'D

FOB: DESTINATION DELIVERY DATE: 

GOVT USE

 External External External Customer RDD/ 

ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 1000048586 0001 N/A N/A N/A N/A 

*****************************************************************************************

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Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this 

contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The 

Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase 

in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an 

equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must

exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and 

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract 

to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of 

Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase 

card), the Contractor may not assign its rights to receive payment under this contract. 

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. 

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to 

this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this 

contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by 

reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under 

the contract. 

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. 

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the 

reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the 

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe 

weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably 

possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such 

occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such 

occurrence. 

(g) Invoice. 

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the 

contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor; 

(ii) Invoice date and number; 

(iii) Contract number, contract line item number and, if applicable, the order number; 

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; 

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of 

lading; 

(vi) Terms of any discount for prompt payment offered; 

(vii) Name and address of official to whom payment is to be sent; 

(viii) Name, title, and phone number of person to notify in event of defective invoice; and 

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. 

(x) Electronic funds transfer (EFT) banking information. 

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. 

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall 

have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-

33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—

Other Than Central Contractor Registration), or applicable agency procedures. 

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT. 

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget 

(OMB) prompt payment regulations at 5 CFR Part 1315. 

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including 

costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, 

trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and 

proceedings. 

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations 

set forth in this contract. 

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(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt 

payment regulations at 5 CFR Part 1315. 

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. 

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the 

purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment 

check or the specified payment date if an electronic funds transfer payment is made. 

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has 

otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including 

the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); 

(B) Affected contract number and delivery order number, if applicable; 

(C) Affected contract line item or subline item, if applicable; and 

(D) Contractor point of contact. 

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. 

(6) Interest. 

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date 

due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of 

the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in 

which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed 

by the Secretary until the amount is paid. 

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. 

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; 

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand 

for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or 

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). 

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the

same due date as the original demand for payment. 

(v) Amounts shall be due at the earliest of the following dates: 

(A) The date fixed under this contract. 

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. 

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor; 

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a 

credit against the contract debt; or 

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. 

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal 

Acquisition Regulation in effect on the date of this contract. 

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract 

shall remain with the Contractor until, and shall pass to the Government upon: 

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. 

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. 

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for 

its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately 

cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a 

percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable 

charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted 

from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for 

this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid 

for any work performed or costs incurred which reasonably could have been avoided. 

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

Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, 

with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the 

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

rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such 

termination shall be deemed a termination for convenience. 

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon 

acceptance, regardless of when or where the Government takes physical possession. 

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular 

purpose described in this contract. 

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(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for 

consequential damages resulting from any defect or deficiencies in accepted items. 

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and 

regulations applicable to its performance under this contract. 

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations 

on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. 

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following 

order: 

(1) The schedule of supplies/services. 

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts 

paragraphs of this clause. 

(3) The clause at 52.212-5. 

(4) Addenda to this solicitation or contract, including any license agreements for computer software. 

(5) Solicitation provisions if this is a solicitation. 

(6) Other paragraphs of this clause. 

(7) The Standard Form 1449. 

(8) Other documents, exhibits, and attachments. 

(9) The specification. 

(t) Central Contractor Registration (CCR). 

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of 

any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the 

Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the 

Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information 

in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and 

conditions of this contract and is not a substitute for a properly executed contractual document. 

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the 

contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding 

novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a 

minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the 

requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. 

The Contractor must provide with the notification sufficient documentation to support the legally changed name. 

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at 

paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR 

information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect 

information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. 

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to 

reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately 

registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by 

EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the 

“Suspension of payment” paragraph of the EFT clause of this contract. 

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through 

https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. 

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - 

COMMERCIAL ITEMS (MAR 2016) FAR

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

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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:

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[Contracting Officer check as appropriate.]

_X__ 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__ 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

_X__ 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).

___ 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 

6101 note).

___ [Reserved]

___ 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, 

section 743 of Div. C).

_X__ 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__ 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ [Reserved]

___ (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__ (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.

___ [Reserved]

___ (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).

___ (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.

___ 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

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___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

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

_X__ 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

___ 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

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

___ 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)).

___ 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__ 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

_X__ 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

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

__X_ (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X__ 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.)

___ (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.)

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

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

___ (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.

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

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

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

___ (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.

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

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

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

___ 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as 

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

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

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

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

___ 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

3332).

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

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

___ (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).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting 

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to 

acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

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

___ 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option 

Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

_X__ 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).

___ 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).

___ 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).

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

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

___ 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was 

awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, 

Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have 

access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for 

examination, audit, or reproduction, until 3 years after final payment under this contract or for any 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—

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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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.

(iii) 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.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 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.

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 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.)

(xiii) 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)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 

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

(xvii) 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.

(xviii) 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)

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

 

252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS (OCT 2015) DFARS

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 

internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully 

reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or 

agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered 

by this clause are no longer in effect. 

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, 

or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any 

other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title

VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government 

determines that the Contractor is not in compliance with the provisions of this clause. 

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the 

terms and conditions of the contract as a result of Government action under this clause. 

(End of clause)

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

 

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) FAR

 

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

 

(b) The permissible variation shall be limited to: 

2 Percent increase 

0 Percent decrease 

This increase or decrease shall apply to .

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 5000, 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 100000 ; 

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

(3) A series of orders from the same ordering office within 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 7 days after issuance, with written 

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

Government may acquire the supplies or services from another source. 

(End of clause)

252.216-7006 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 8/17/2016 through 8/16/2017 [insert 

dates].

** **

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

 

52.246-9039 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES (NOV 2011) DLAD

(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, symbol, or other 

representation that the end item or any part of it has been produced or manufactured for the United States Government. Removal or 

obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. The Contractor, in making disposition 

in commercial channels of rejected supplies, is responsible for compliance with requirements of the Federal Trade Commission Act (15 

United States Code (U.S.C.) 45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal 

or State laws and regulations promulgated pursuant thereto.

(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration of government 

identifications within 72 hours of rejection of nonconforming supplies including supplies manufactured for the Government but not 

offered or supplies transferred from the Government's account to the cold storage Contractor's account at origin or destination. (For 

product rejected at destination and returned to the Contractor's plant, the 72 hour period starts with the time of Contractor receipt of 

returned product). After removal or obliteration is accomplished and prior to disposition, the Contractor must notify the Government 

inspector.

(End of Clause)

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD

 

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon 

request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at 

this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ . 

(End of Clause)

Attachments

List of Attachments

Description File Name

ATTACH.Werling's 

Signature

Page 1 Signed.pdf

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