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

1000069438

2. CONTRACT NO.

SPE3S1-20-D-Z215

3. AWARD/EFFECTIVE 

DATE

2019 OCT 08

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE3S1-19-R-0003

6. SOLICITATION ISSUE 

 DATE 

2019 JUN 12

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: 326199

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA- 

 TION UNLESS BLOCK IS 

 MARKED

12. DISCOUNT TERMS

Net 30 (Do not Use)

 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

1A920

L C Industries Inc. 

4500 Emperor Blvd 

DURHAM NC 27703-8420 

USA

TELEPHONE NO. 9195968277

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)

$20,736,000.00

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

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

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

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

Thomas Haley 

THOMAS.HALEY@DLA.MIL

31c. DATE SIGNED

2019 OCT 08

1 SPE3S1-19-R-0003

2019-Apr-02

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

Award sent EDI, Do not duplicate shipment

 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 28
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

STATEMENT OF WORK 

 

A. Introduction and General Information 

 

1. Item Description: 

 

CLIN 0001 

NSN: 7360-01-509-3586 

DINING PACKETS; Fork, Knife, Spoon, 2 sugars, 1 salt, 1 pepper and 1 napkin/pkg. Non-white, 

subdued color (Tan/Sand/Brown), 25 individual packets per Bag, Type IV, CID-A-A-3012A, biobased. 

Go to http://www.troopsupport.dla.mil/subs/support/specs/cids/aa3012.pdf for CID-A-A-3012A. 

 

 Est. Annual Qty. Unit of Issue Unit Price (Destination) Total Est. Value 

Tier 1 192,000 BG $ 5.22 $ 1,002,240.00

Tier 2 192,000 BG $ 5.35 $ 1,027,200.00 

Tier 3 192,000 BG $ 5.48 $ 1,052,160.00 

Tier 4 192,000 BG $ 5.62 $ 1,079,040.00 

Tier 5 192,000 BG $ 5.76 $ 1,105,920.00

 

Total Estimated Value $ 5,266,560.00 

 

 

For the period of performance, the quantity limitations* for this contract are as follows: 

 

Minimum quantity for 5 year contract is 300,000 BG. 

Minimum dollar value for 5 year contract is $1,566,000.00 

 

Maximum quantity for 5 year contract is 3,600,000 BG. 

Maximum dollar value for 5 year contract is $20,736,000.00 

 

*The minimum and maximum values covering the period of performances includes the total of 5 tiers (Each tier is 365 days). 

 

 

The following is the complete delivery address: 

Defense Depot Tracy 

 Directorate of Distribution 

 25600 S. Chrisman Rd. 

 Warehouse No. 30, Section 2 

 Tracy, CA 95304-5000 

 DODAAC: W62G2T 

Phone: 209-839-5028 (24 Hours prior to delivery) 

 

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 
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processed into litigation status. 

 

Inspection/Acceptance: Destination/Destination 

 

 

 

2. Effective Period of Contract 

 

The contract will be a fixed price Indefinite Quantity Contract (IQC) that provides for an indefinite quantity, 

within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be 

scheduled by placing orders with the contractor (FAR 16.504(a)). The contract will be for a five-year tiered 

period. 

 

The effective period of the contract is from 10/08/2019-10/07/2024. 

Required delivery dates will be 90 days after issuance of each delivery order. 

 

The contract tier dates will be as follows: 

 

Tier 1: 10/08/2019 - 10/07/2020 

Tier 2: 10/08/2020 - 10/07/2021 

Tier 3: 10/08/2021 - 10/07/2022 

Tier 4: 10/08/2022 - 10/07/2023 

Tier 5: 10/08/2023 - 10/07/2024 

 

See FAR Clause 52.216-22, Indefinite Quantity and DFARS clause 252.216-7006, Ordering (MAY 2011) for delivery periods 

and ordering. 

 

3. Complete delivery instructions will be provided with each delivery order.

 

 

 

B. Technical/Quality Data 

 

1. MARKINGS OF UNIT LOADS 

For shipments to Department of Defense (DoD) Depots, 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: 

 

Unitized Ration Component 

National Stock Number 

Item Name 

Date of Pack and/or Lot Number 

Number of Shipping Containers per Pallet 

Contract Number 
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Contractor's Name and Address 

 

Note: If labels are used, they shall be permanently affixed with water-resistant adhesive tape. 

Shipments without the appropriate 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) 

 

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 October 2010, entitled Loads, Unit: Preparation of Semi perishable Subsistence Items. 

 

3. TRACEABILITY 

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

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

package codes shall be permanent and legible. 

 

Use of the Julian Date for the lot number is preferred. For example, 9296 = October 23, 2009. 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 appropriate 

accompanying Bill of Lading upon delivery. 

 

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

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

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

24 hours. 

 

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 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. 

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. Inspection/Acceptance:

Government inspection/acceptance shall be at destination. This shall include but is not limited to the following: 

1. All shipments must be accompanied by a Bill of Lading and all other pertinent invoices as required. 

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

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

4. All delivered product shall be free of defects. 
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5. All shipments must contain the correct quantity as specified by DLA Troop Support. 

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

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

Solicitation. 

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

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

deciphering the closed product code. 

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

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

to origin, or at the Contracting Officer's discretion reworked at a labor rate determined by the destination 

activity (not DLA Troop Support). 

 

6. Quality Assurance Provisions:

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

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

including product characteristics, manufacturing procedures, quality control procedures, and storage and handling 

practices; has a national or regional distribution from storage facilities located within the United States, its territories, 

or possessions; and is sold on the commercial market. 

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

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

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

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

only be considered acceptable to the Government when the rework procedure has a reasonable probability of 

correcting the deficiency. 

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

date of initial rejection. 

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

CFR, Part 110, “Current Good Manufacturing Practices in Manufacturing, Packing or Holding Human Food,” and all 

regulations referenced therein. 

 

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. 
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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 

the Government 

 

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (FEB 2012) 

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

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

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

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

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

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

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

law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code- Crimes and 

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

 

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

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

exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with 

the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, 

bribery or gratuity violations found in title 18 of the United States Code- Crimes and Criminal Procedure or any violations of the 

False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of 

its written code of business ethics and conduct to the contracting officer upon request by the contracting officer. 

 

Contract Clauses 

 

52.212-4, Contract Terms and Conditions --Commercial Items (Jan 2017) - FAR

is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/

index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF 

Format links. 

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

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

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

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

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

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

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

addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the 

Government shall accept, the sum of $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 
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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. 

(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 
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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 (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. 
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“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 

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. 

(Aug 2018) 

 

(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). 

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). 

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) 

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

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) 

(31 U.S.C. 6101 note). 

___ (5) [Reserved] 

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). 

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 

111-117, section 743 of Div. C). 

___ (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). 

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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. 

___ (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). 
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___ (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. 

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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)). 

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

_X_ (20) 52.219-16, Liquidated Damages --Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (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). 

___ (33) (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). 

___ (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). 

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

2016) (E.O. 13693). 

___ (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). 
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___ (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.

___ (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)). 

_X_ (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 (Jul 2013) (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). 

___ (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). 

___ (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). 

___ (11) 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 
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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 (Oct 2015) (41 U.S.C. 3509). 

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing 

resolutions)). 

(iii) 52.204-23, Prohibition on Contracting for Hardware, 

Software, and Services Developed or Provided by Kaspersky Lab and 

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

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all 

subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small 

business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor 

must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in 

accordance with paragraph (1) of FAR clause 52.222-17. 

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. 

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). 

(xiii) (A) 52.222-50, Combating Trafficking in Persons (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). 

(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 
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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. 

 

 

 

52.211-16 VARIATION IN QUANTITY (APR 1984) - FAR 

 

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

conditions of loading, shipping, or packing, or allowances in 

manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause. 

(b) The permissible variation shall be limited to: 

 2 percent increase 

 0 percent decrease 

This increase or decrease shall apply to each quantity specified in the delivery schedule. 

 

 

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 five 

years. 

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a 

delivery order or task order and this contract, the contract shall control. 

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access 

system, and notice has been sent to the Contractor. 

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the 

Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail 

or private delivery services. 

(3) Orders may be issued orally only if authorized in the schedule. 

52.216-19 -- 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 

300,000 BG, 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 3,600,000 BG;

(2) Any order for a combination of items in excess of 3,600,000 BG; or 

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

exceeding the limitation in subparagraph (b)(1) or (2) of this section. 

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition 

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that 

requirement exceeds the maximum-order limitations in paragraph (b) of this section. 

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order 

limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days after issuance, with 
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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 

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

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

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

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

multiple locations. 

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

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

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

provided, that the Contractor shall not be required to make any deliveries under this contract after 90 days after the effective 

period expires.

52.233-9001 Disputes Agreement to Use Alternative Dispute Resolution (ADR) (NOV 2011) -- DLAD. 

 (a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are 

unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will 

only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be 

inappropriate for resolving the dispute. 

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The 

documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition 

Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the 

Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to 

include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate. 

(c) The offeror should check here to opt out of this clause: 

[ ] Alternate wording may be negotiated with the Contracting Officer. 

 

52.242-15 -- Stop-Work Order (AUG 1989) FAR 

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of 

the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further 

period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. 

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the 

incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days 

after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the 

Contracting Officer shall either -- 

(1) Cancel the stop-work order; or 

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, 

clause of this contract. 

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the 

Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract 

price, or both, and the contract shall be modified, in writing, accordingly, if -- 

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the 

performance of any part of this contract; and 

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, 

if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim 
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submitted at any time before final payment under this contract. 

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, 

the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. 

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall 

allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. 

 

 52.246-15 Certificate of Conformance (APR 1984) - FAR 

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a 

Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the 

Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies 

will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or 

inspection and acceptance have occurred. 

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report 

distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is 

performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to 

or entered on copies of the inspection or receiving report accompanying the shipment. 

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written 

notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or 

services at the Contractor's expense. 

(d) The certificate shall read as follows: 

I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by 

Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all 

applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with 

the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and 

physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document. 

Date of Execution: _____________________________ 

Signature: ____________________________________ 

Title: ________________________________________ 

 

GENERAL INSPECTION REQUIREMENTS - DLA TROOP SUPPORT - SUBSISTENCE 

 

(a) Inspection. 

(1) The Contractor shall employ the services of the United States Department of Agriculture (USDA), Grain 

Inspection, Packers and Stockyard Administration (GIPSA) or Agricultural Marketing Service (AMS) or U.S. 

Department of Commerce (USDC), National Marine Fisheries Service (NMFS) to accomplish origin inspection 

(examination and testing) and sampling as required herein and in the applicable commodity specifications. The 

Contractor shall bear all expenses incident thereto, including costs of samples and all associated costs for 

preparation and mailing. Costs shall be assessed in accordance with the Government laboratory testing charges for 

individual test characteristics and number of tests required by the specification or contract. A list of fees may be 

obtained from the appropriate inspection activity. 

The Contractor shall furnish the Government grader/inspector a copy of the complete contract and supporting 

contractual documents (i.e., individual solicitation, contract modifications, waivers, and referenced specifications). 

Offerors may contact the appropriate Government office to discuss inspection procedures prior to submitting offers; 

however, nothing provided thereby shall be construed to alter the applicable specification in any manner or to reduce 

the responsibility of Contractor to comply with such specifications. 
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(2) The Contractor shall take action to correct or replace nonconforming supplies. 

(3) The Government will perform an inspection at destination for identity, condition and quantity. If there is evidence 

that the supplies do not conform with contract requirements, the inspector shall report the findings of his inspection to 

the appropriate DLA Troop Support office (operational rations business unit, food services business unit, produce 

business unit, product services office, etc.). The applicable DLA Troop Support office shall report the findings to the 

Contracting Officer or the ordering officer, who shall in turn notify the Contractor. 

(4) Supplies will be rejected when any evidence of insect activity (live or dead in any stage of development) or rodent 

activity/contamination is found in or on product, packaging, packing or unitization. 

(5) Nonconforming supplies rejected at origin will not normally be accepted by the Government. However, the 

Contractor may elect to petition the Contracting Officer in writing to grant a waiver of the contract requirements for 

which supplies have been found nonconforming, and to accept the supplies “as is” with appropriate price 

consideration. 

(6) The Contractor shall furnish all inspection gauges, instruments, scales, tools or other material required by the 

designated Government inspection activity to complete the necessary inspection. The Government inspector will 

insure that the Contractor has had such gauges, instruments, scales, tools, or other material required to complete 

inspection properly calibrated and, if necessary, certified. When required by the contract/solicitation the Government 

inspector will collect insect specimens from plant production and storage areas and submit the specimens to the 

nearest military entomological laboratory for identification. When the collection of insects is required, the Contractor 

shall be responsible for supplying and installing specified insect monitoring devices required to accomplish this task. 

(b) Standby test samples. The Government reserves the right to withdraw and hold standby samples of components 

or finished products or both (the quantity of which shall be not more than twice that required by the specification) for 

inspection purposes. Samples not used will be returned to the Contractor. 

(c) USDA and USDC certificates. 

(1) Inspection by USDA, AMS, Fruit and Vegetable Division, Poultry Division or Dairy Division: When DD Form 250, 

Material Inspection Receiving Report (MIRR), is not used, the Contractor shall obtain official USDA inspection 

certificate, which shall: 

(i) Contain the following statement in the grade section of the certificate: 

(A) Supplies listed hereon conform to all quality requirements of the contract. 

(B) Container condition meets all requirements of the contract. 

(C) Visual examination indicates conformance to packaging, packing, unitization, labeling and marking requirements 

of the contract. 

(ii) Indicate that supplies shipped are those inspected. This may be satisfied by means of one of the following: 

(A) Each primary container must be embossed, stamped or stenciled with a code mark prior to inspection, which 

corresponds with the code marks listed on the USDA grade certificate. 

(B) The USDA grade certificate bears a statement that all of the shipping containers comprising the inspection lot 

have been stamped with the official USDA stamp impression. 

(C) The USDA certificate of loading, if issued, bears a cross-reference to the applicable USDA inspection document. 

(iii) Indicate that the Contractor has furnished a certificate of conformance for packaging, packing, labeling, marking 
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and unitization materials. 

(iv) Indicate the random samples of packaging, packing, labeling, marking and unitization materials, where 

applicable, have been selected by the inspector for forwarding to DLA Analytical Laboratory, 700 Robbins Avenue, 

Philadelphia, Pennsylvania 19111 in accordance with DLA Troop Support clause 52.246-9P20. 

(v) Indicate the applicable contract or order number. 

(2) Inspection by USDA, AMS, livestock, meat, grain and seed division: For all shipments, whether DD Form 250 

(MIRR) is required or not, the Contractor shall obtain a USDA agricultural products acceptance certificate (Form LS 

5-3), which shall contain the information specified in paragraph (c)(1). The Contractor shall also include the 

applicable lot number(s). 

(3) Inspection by USDA, GIPSA, Field Management Division: When DD Form 250 (MIRR) is not required, the 

Contractor shall obtain an official USDA inspection or examination certificate, as appropriate. In addition to the 

entries required by the GIPSA, the certificate shall contain the following certification: “Supplies listed hereon conform 

to all quality and condition requirements of the contract”. 

(d) Distribution of Certificates. Copying machine duplicates of USDC certificates and USDA certificates other than 

USDA Form LS 5-3 are not acceptable. Copying machine duplicates of USDA Form LS 5-3 are acceptable only as 

provided in paragraph (2) and (3) below. Copying machine duplicates of the original signed DD Form 250 are 

acceptable. In addition to the prohibited use of copying machine duplicates, USDC certificates must also be 

embossed with the official seal of the USDC. The Contractor shall distribute certificates as follows: 

(1) When DD Form 250 (MIRR) signed by the inspector is provided, a copy of the USDA/USDC inspection certificate 

need not be furnished to the designated paying office. (Exception: When the contract or specification provides for 

acceptance of product with a price adjustment to the Contractor'' invoice, e.g., excess fat in ground beef, the original 

signed USDA/USDC inspection certificate must be attached to the top of the commercial invoice which is submitted 

to the designated paying office.) 

(2) When DD Form 250 (MIRR) is not required, the original signed USDC inspection certificate or USDA inspection 

certificate other than USDA Form LS 5-3 must be attached to the top of the commercial invoice, which is submitted 

to the designated paying office. When the services of the USDA, AMS, Livestock, Meat, Grain and Seed Division are 

employed, the original signed USDA Form LS 5-3 or a copying machine duplicate of the original form LS 5-3 with an 

original signature must be attached to the top of the commercial invoice which is submitted to the designated paying 

office. 

(3) As appropriate for any shipment, one blue or green signed copy of the original USDA Fruit and Vegetable 

Division certificate; one green or yellow carbon copy of the original signed USDA, AMS Dairy Division or Poultry 

Division certificate; one copy of the original signed USDA, GIPSA or USDC certificate; one copy of the original 

signed USDA Form LS 5-3 or a copying machine duplicate of the original USDA Form LS 5-3 with an original 

signature shall accompany each shipment to each destination and be marked Attention: Subsistence Inspector. 

(4) In the event the Contractor does not include appropriate certificate(s) with each shipment to each destination as 

required, the Government reserves the right to arrange for government grading/inspection and certification at 

destination at the Contractor's expense. 

(e) Lot identification. The contractor shall code or distinctively mark by embossing, stamping, printing or stenciling 

each shipping container for every lot of supplies offered for acceptance so as to identify the lot from any other lot 

produced by the Contractor. Under both in-process (on line) and stationary lot inspections, the maximum lot size, 

unless otherwise specified in the contract, shall be defined by the assigned inspection agency. 

(f) Particular inspection requirements. 
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(1) Primary containers: Examination of primary containers for external condition and labeling shall be in accordance 

with the U.S. standards for condition of food containers, except that when requirements are contained in the 

specification, examination shall be performed in accordance with that specification. When additional requirements 

are specified in the specification, examination for these requirements shall be in accordance with the specification. 

(2) Unit loads: Examination of unit loads shall be in accordance with MIL-L-35078. 

(3) All other: Examination shall be in accordance with the specification. 

 

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, 

contractually-required 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 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. 
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(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 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: 
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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.) 

REINSPECTION OF NONCONFORMING SUPPLIES - DLA TROOP SUPPORT - SUBSISTENCE 

(a) When origin inspection is performed by the U.S. Department of Agriculture (USDA) or U.S. Department of 

Commerce (USDC) and supplies are found to be nonconforming at origin, the Contractor may request USDA/USDC 

reinspection/formal review in accordance with the regulations of the respective agency. In such instances, the next 
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larger available sample size will be used. The decision of the USDA/USDC representative as to conformance or 

nonconformance shall be final. It will be within the discretion of USDA/USDC whether to assess reinspection costs 

against the Contractor. 

(b) When origin inspection is performed by the USDA or USDC and supplies are found to be nonconforming at 

destination, the Contractor may petition the Contracting Officer to obtain permission for a single reinspection, 

provided such petition provides valid technical reasons to believe the destination inspection findings were erroneous. 

The reinspection shall be performed in accordance with the original destination inspection criteria unless otherwise 

specified by the Contracting Officer. 

(1) Reinspection of nonconforming supplies for grading factors, suspicion of fraud or substitution shall be conducted 

by the applicable origin inspection agency (USDA for meats and poultry, or USDC for water foods). All costs 

associated with USDA/USDC reinspection shall be borne by the Contractor; unless the reinspection results establish 

compliance with contractual requirements, in which case costs shall be borne by the Government. 

(2) Reinspection for all other criteria shall be accomplished by the Military Medical/Veterinary Services, as 

coordinated by the Contracting Officer with the applicable Military Medical/Veterinary Service Headquarters. The 

Military Medical/Veterinary Service Headquarters will designate the activity assigned to perform the reinspection and 

advise the Contracting Officer and the designated activity of the reinspection schedule. Reinspection shall be 

performed by personnel other than those involved in the original destination inspection. Reinspection costs shall be 

borne by the Contractor when reinspection results substantiate the nonconformance. The Government shall bear the 

costs of reinspection if the products are determined to be in compliance with contractual requirements. 

(c) When inspection by the USDA or USDC is not a contract requirement and supplies are found nonconforming at 

destination, the Contractor may petition the Contracting Officer one time only to obtain permission for a single 

reinspection, provided such petition provides valid technical reasons to believe the original inspection findings were 

erroneous. If the Contracting Officer authorizes a reinspection, the reinspection results shall be final if they differ from 

the original inspection to such a statistically significant degree that error in the original results is probable. Otherwise, 

the original inspection results shall prevail. The reinspection/formal review shall be performed in accordance with the 

original inspection criteria, unless otherwise specified. All costs associated with the reinspection shall be borne by 

the Contractor; unless the reinspection results establish compliance with the contract requirements, in which case 

costs shall be assumed by the Government. Reinspection shall not be authorized when original inspection findings 

show that the supplies are unwholesome or contain a deleterious substance. 

(d) The Contractor may elect to petition the Contracting Officer to grant a waiver of those contract requirements for 

which supplies have been found nonconforming and accept the supplies “as is” with appropriate price consideration. 

However, if the Contractor intends to exercise any option under (a), (b) or (c) above, the Contractor must do so prior 

to requesting a waiver. The denial of a waiver by the Contracting Officer will result in final rejection of the 

nonconforming supplies without recourse to reinspection. 

REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED 

SUPPLIES 

 

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. 

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 
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agencies recognized by the Military Medical Service. The Government does not intend to make any award for, nor 

accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable 

levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product 

contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate 

Government directory as a sanitarily approved establishment when required. Accordingly, the supplier agrees that, 

except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only 

in establishments listed in the U.S. Army Public Health Command (USAPHC ) Circular 40-1, Worldwide Directory of 

Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at: http://

phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx ). Compliance with the current 

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

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

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

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

when sanitary approval is regained and listing is reinstated. 

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

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

exempt from listing is provided in Appendix A of the worldwide directory. 

(i) 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 
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Enforcement Ratings of Interstate Milk Shippers” (IMS), published by the U.S. Department of Health and Human 

Services, Food and Drug Administration (USDHHS, FDA) at http://www.fda.gov/Food/GuidanceRegulation/

FederalStateFoodPrograms/ucm2007965.htm. These plants may serve as sources of pasteurized milk and milk 

products as defined in Section I of the “Grade `A' Pasteurized Milk Ordinance” (PMO) published by the USDHHS, 

FDA at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htm. 

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

Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: 

http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022 ) may serve as sources of manufactured 

or processed dairy products as listed by the specific USDA product/operation code. Plants producing products not 

specifically listed by USDA product/operation code must be Worldwide Directory listed (e.g., plant is coded to 

produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella). 

Plants listed in Section II and denoted as “P” codes (packaging and processing) must be Worldwide Directory listed. 

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

published by the USDHHS, FDA at http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/

ucm2006753.htm. 

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

P1010.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment 

types that may be exempt from Worldwide Directory listing. (AR 40-657 is available from National Technical 

Information Service, 5301 Shawnee Road, Alexandria, VA 22312 ; 1-888-584-8332 ; or download from web site: 

http://www.apd.army.mil/pdffiles/r40_657.pdf ) For the most current listing of exempt plants/products, see the 

Worldwide Directory (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.

aspx). 

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

“Distributed By”, “Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is 

indicated on the label or on accompanying shipment documentation. 

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

the levels of food safety and food defense of the establishment or its products have or may lead to product 

contamination or adulteration, the Contracting Officer will suspend the work until such conditions are remedied to the 

satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of the contract, nor 

shall it be considered sufficient cause for the Contractor to request an extension of any delivery date. In the event the 

Contractor fails to correct such objectionable conditions within the time specified by the Contracting Officer, the 

Government shall have the right to terminate the contract in accordance with the “Default” clause of the contract. 

(b) Delivery conveyances. 

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

tampering with and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a 

prescribed temperature. The delivery conveyances shall be subject to inspection by the government at all reasonable 

times and places. When the sanitary conditions of the delivery conveyance have led, or may lead to product 

contamination, adulteration, constitute a health hazard, or the delivery conveyance is not equipped to maintain 

prescribed temperatures, or the transport results in product `unfit for intended purpose', supplies tendered for 

acceptance may be rejected without further inspection. 

FEDERAL FOOD, DRUG AND COSMETIC ACT-WHOLESALE MEAT ACT 

(a) The Contractor warrants that the supplies delivered under this contract comply with the Federal Food, Drug and 

Cosmetic Act and the Wholesome Meat Act and regulations promulgated there under. This warranty will apply 

regardless of whether or not the supplies have been: 
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(1) Shipped in interstate commerce, 

(2) Seized under either Act or inspected by the Food and Drug Administration or Department of Agriculture. 

(3) Inspected, accepted, paid for or consumed, or any or all of these, provided however, that the supplies are not 

required to comply with requirements of said Acts and regulations promulgated there under when a specific 

paragraph of the applicable specification directs otherwise and the supplies are being contracted for military rations, 

not for resale. 

(b) The Government shall have six months from the date of delivery of the supplies to the government within which to 

discover a breach of this warranty. Notwithstanding the time at which such breach is discovered, the Government 

reserves the right to give notice of breach of this warranty at any time within this six-month period or within 30 days 

after expiration of such period, and any such notice shall preserve the rights and remedies provided herein. 

(c) Within a reasonable time after notice to the Contractor of breach of this warranty, the Government may, at its 

election: 

(1) Retain all or part of the supplies and recover from the Contractor, or deduct from the contract price, a sum the 

Government determines to be equitable under the circumstances; 

(2) Return or offer to return all or part of the supplies to the Contractor in place and recover the contract price and 

transportation, handling, inspection and storage costs expended therefore; provided, that if the supplies are seized 

under either Act or regulations promulgated there under, such seizure, at Government option, shall be deemed a 

return of supplies within the meaning of this clause and thereby allow the government to pursue the remedy provided 

herein. Failure to agree to any deduction or recovery provided herein shall be a dispute within the meaning of the 

clause of this contract entitled “Disputes”. 

(d) The rights and remedies provided by this clause shall not be exclusive and are in addition to other rights and 

remedies provided by law or under this contract, nor shall pursuit of a remedy herein or by law either jointly, severally 

or alternatively, whether simultaneously or at different times, constitute an election of remedies. 

 

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) - FAR 

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

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

electronically at this/these address(es): 

• FAR: ηττπσ://ωωω.αχθυισιτιον.γοπ/φαρ/ινδεξ.ητμλ; 

• DFARS: ηττπ://ωωω.αχθ.οσδ.μιλ/δπαπ/δαρσ/δφαρσπγι/χυρρεντ/ινδεξ.ητμλ

 

The following additional clauses are incorporated by reference: 

 

CLAUSE NUMBER TITLE/DATE

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran --Representation and 

Certification. (DEC 2012) FAR 

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country (JAN 2009) DFARS 

 

 

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
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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- 

(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
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Field Name in WAWF Data to be entered in 

WAWF

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. 

dscpwawfteam@dla.mil

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. 

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. 

WAWF Helpdesk 866-618-5988 

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. 

(End of clause)

 

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

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

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

 

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

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

Attachments

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