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 1000050416

1. REQUISITION NUMBER

SPE3S1-17-D-5001

2. CONTRACT NO.

2016 DEC 23

3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-16-Q-0019

5. SOLICITATION NUMBER

2016 SEP 23

6. SOLICITATION ISSUE 

 DATE 

a. NAME b. TELEPHONE NUMBER (No collect 

 calls)

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

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

Email: JASMINE.BROWN@DLA.MIL

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

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311830

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA- 

 TION UNLESS BLOCK IS 

 MARKED

Net 30 days

12. DISCOUNT TERMS

 13a. THIS CONTRACT IS A 

 RATED ORDER UNDER 

 DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SPE3S1

SEE BLOCK 9 

Criticality: PAS: None

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

64Q11

EPIC FOODS, LLC 

9 ALISON WAY 

COLUMBIA SC 29229-8124 

USA

TELEPHONE NO. 8039206037

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

$828,000.00

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

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

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

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

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

Thomas Haley 

THOMAS.HALEY@DLA.MIL 

PSPFTA4

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

2016 DEC 23

31c. DATE SIGNED

1 SPE3S1-16-Q-0019

2016-Dec-06

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

PAGE 1 OF 29

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

0001

See Schedule

 DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), 

 INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , 

 HEREIN IS ACCEPTED AS TO ITEMS: 

EDWOSB

► ~ □ 

□ □ 

□ 

□ □ 

□ 

□ 

□ ~ □ □ I I 

I I I I 

□ □ 

□ □ □ □ ~ - ~ 

~ 
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

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

□ □ □ 

□ □ □ □ □ 

I 
 

 CONTINUED ON NEXT PAGE

SCHEDULE OF SUPPLIES 

CLIN 0001-

NSN: 8920-01-529-6603

ITEM DESCRIPTION: Tortillas, shelf stable, bulk pack, 200/2-count packages per case, min 2.1 oz. flex PG, 

each count of 50 tortilla packages shall be separated by divider/sleeve made from a firm material such as 

cardboard in order to prevent packages from shifting. Tortillas shall be used in the Unitized Group RationsHeat & Serve and UGR-M. 

SPECIFICATION: PCR-T-008A 30 July 2013 w/Change 01 23 January 15

Tier Period of Performance Est. Annual Qty. Unit of Issue Unit Price 

 

 

Tier 1 12/23/2016 - 12/22/2017 300,000 PK $ 0.46 

Tier 2 12/23/2017 - 12/22/2018 300,000 PK $ 0.48 

Tier 3 12/23/2018 - 12/22/2019 300,000 PK $ 0.50 

The required delivery dates will be 6 weeks after issuance of each delivery order. Note: Deliveries might 

fall outside of effective period. 

For a three-year period, the minimum, estimated and maximum quantities are as follows:

Minimum: 150,000 Packages

Estimated: 900,000 Packages

Maximum: 1,800,000 Packages

Pricing is FOB Destination to the following address:

Defense Depot Tracy

W62G2T

W1BG DLA DISTRIBUTION

25600 South Chrisman Road

Warehouse no. 30, Section 2 - UGR

Tracy, CA 95304-5000

An appointment must be secured at least 24 hours prior to delivery by calling the depot at 209-839-5579.

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

proper paperwork will be processed into litigation status.

Inspection/Acceptance: Contractor paid USDA-AMS Origin end-item inspection is required for all 

characteristics herein. Government acceptance will be at destination for identity, count, and condition for 

all terms and conditions of the contract. 

In addition to the terms and conditions of Solicitation SPE3S1-16-Q-0019, which are incorporated into this 

contract, the following clauses have been updated. 

CONTRACT REQUIREMENTS 

1. PACKAGING:

Preservation, packaging, etc. furnished by suppliers shall meet or exceed the following requirements:

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

damage during shipment and storage. Unit packages shall also be able to withstand subsequent handling. Unit 

packs susceptible to corrosion or deterioration shall be protected by preservative coatings. Items requiring 

protection from physical damage, or which are fragile in nature (i.e., glass) shall be protected by wrapping, 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

cushioning, etc. or other means to mitigate damage during handling and shipment. If screw caps are used, they 

shall be secured to the bottles with a band of plastic shrink film or plastic tape. All bottles shall be 

hermetically sealed (inner seal) and secured to withstand any position in the shipping container without 

leaking. 

2. TRACEABILITY:

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

contractor shall ensure that each primary container (unit pack) and intermediate container, if required, has a 

lot number and/or Date of Pack (DOP). The date of pack is equal to the date of production. The date of pack on 

the Placards shall be identical to the material code on each individual case. These package codes shall be 

permanent and legible. Failure to comply will result in delayed payment. 

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

For example, (1296 12:15), 1296 = October 23, 2011 and 12:15 representing the time of filling/sealing. If 

the contractor’s lot identification is of their own coding, the contractor shall provide the coding 

information for the primary containers and the contract data markings upon delivery. Package codes per case 

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

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

ALL sources for those ingredients. This shall be accomplished for each item, brand, and component that is 

shipped to the Defense Depot (Assembler) for the Unitized Group Ration Programs. This information shall be 

made available within 24 hours. 

3. DATE OF PACK:

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

Additionally, all shipments of components/product from a producer to destination/assembly points shall not be 

older than 90 days at time of shipment. 

4. MISCELLANEOUS REQUIREMENTS:

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

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

herein, is required. In addition, the contractor is required to comply with all the provisions contained 

within specific parts of the Code of Federal Regulations. For example, low-acid canned food manufacturers, 

Part 110 and 113 are applicable. 

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

contractor’s and subcontractor’s plants during performance of manufacturing operations. Except for inspection 

service, the Contracting Officer shall give prior notice of the purpose of the meetings and shall furnish 

dates of the visit. 

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

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

accordance with DLA Troop Support Form 3556, entitled “Marking Instructions for Boxes, Sacks, and Unit Loads 

of Perishable and Semi-perishable Subsistence, dated October 2010.” 

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

the largest characters possible as follows: 

Unitized Ration Component

National Stock Number

Item Name

Date of Pack and/or Lot Number

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

Number of Shipping Containers per Pallet

Contract Number

Contractor’s Name and Address

Inspection Test Date (ITD) *

*The Inspection Test Date, the expected shelf life is found in the applicable solicitation/contract. To 

calculate the ITD, add the shelf life value to the month/year date of pack. Example, if the Date of Pack is 

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

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

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

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

activity (not DLA Troop Support). 

Pallets containing mixed lots will not be accepted.

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

6. UNITIZATION:

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

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

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

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

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

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

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

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

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

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

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

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

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

7. INTEGRATED PEST MANAGEMENT (IPM)

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

Rations,” of April 2011 are required and apply to all Operational Rations components. Each contractor is to 

have an IPM program in place prior to the initiation of production of Government product. The IPM plan and the 

associated pesticide labels and MSDS documents are not to be submitted to DLA Troop Support. The contractor 

shall have those documents available for on-site review during a Quality Systems Management Visit (QSMV) or 

Quality Systems Compliance Audit. In addition, evidence of an insect or rodent infestation, or contamination 

involving any end item will be cause for rejection of the involved lot. IPM program requirements can be found 

on the DLA Troop Support website at: http://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafe

ty/FoodQuality/TS_ipm-cpaf_151204.pdf

8. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS: 

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

Quality Assurance and Laboratory Service, DLAR 4155.3, Inspections of Subsistence Supplies and Services, DLAD 

52.246-9044, "SANITARY CONDITIONS (APR 2014), and as clarified by the Armed Forces Food Risk Evaluation 

Committee, 31 JAN 1996, all Operational Ration Food Components will originate from sanitarily approved 

establishments. Acceptable sanitary approval is constituted by listing in the "Directory of Sanitarily 

Approved Food Establishments for Armed Forces Procurement," published by the U.S. Army Institute of Public 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

Health (USAIPH), or an establishment inspected and approved by the U.S. Department of Agriculture (USDA) or 

the U.S. Department of Commerce (USDC) and possessing a USDA/USDC establishment number. This requirement 

applies to all GFM and CFM Operational Ration Food Components and to all Operational Ration types. Requests 

for inspection and "Directory" listing by USAIPH will be routed through DLA Troop Support-FTRE for 

coordination and action. Situations involving sole sources of supply, proprietary supply sources, and 

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

with the Chief, Approved Sources Division, USAIPH. 

SANITARY CONDITIONS

(a) Food establishments.

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

subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by 

other Federal agencies recognized by the Military Medical Service. The Government does not intend to make any 

award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails 

to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions 

as may lead to product contamination or adulteration constituting a health hazard, or which has not been 

listed in an appropriate Government directory as a sanitarily approved establishment when required. 

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

as a result of this contract will originate only in establishments listed in the U.S. Army Institute of Public 

Health (USAIPH) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces 

Procurement, (Worldwide Directory) (available at: 

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

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

listing of establishments in the Worldwide Directory. Suppliers also agree to inform the Contracting Officer 

immediately upon notification that a facility is no longer sanitarily approved and/or removed from the 

Worldwide Directory and/or other Federal agency’s listing, as indicated in paragraph (2) below. Suppliers also 

agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated. 

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

be listed in the worldwide directory. Additional guidance on specific listing requirements for products/plants 

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

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

currently listed in the “Meat, Poultry and Egg Inspection Directory,] published by the United States 

Department of Agriculture, Food Safety and Inspection Service (USDA, FSIS), at 

http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory . The item, to be acceptable, shall, 

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

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

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

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

military installations within the same state (intrastate) may be supplied when the items are processed in 

establishments under state inspection programs certified by the USDA as being “at least equal to” the Federal 

Meat and Poultry Products Inspection Acts. The item, to be acceptable, shall, on delivery, bear on the 

product, its wrappers or shipping container, as applicable, the official inspection legend or label of the 

inspection agency and applicable establishment number. 

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

Poultry and Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at 

http://www.ams.usda.gov/poultry/grading.htm. 

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

Poultry and Egg Product Inspection Directory” published by the USDA FSIS at 

http://apps.ams.usda.gov/plantbook/Query_Pages/PlantBook_Query.asp . All products, to be acceptable, shall, on 

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

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

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under 

“U.S. Establishments Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC 

Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of 

Commerce, National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA) (available at: 

seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on delivery, bear on the product, its wrappers 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

or shipping container, as applicable, the full name and address of the producing facility. 

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

rating of 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation 

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

Health and Human Services, Food and Drug Administration (USDHHS, FDA) at 

http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm. These plants may serve as 

sources of pasteurized milk and milk products as defined in Section I of the “Grade ‘A’ Pasteurized Milk 

Ordinance” (PMO) published by the USDHHS, FDA at 

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

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

Surveyed and Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA 

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

manufactured or processed dairy products as listed by the specific USDA product/operation code. Plants 

producing products not specifically listed by USDA product/operation code must be Worldwide Directory listed 

(e.g., plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar 

but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and processing) 

must be Worldwide Directory listed. 

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

(ICSSL), published by the USDHHS, FDA at 

http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm. 

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

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

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

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

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

see the Worldwide Directory (available at: 

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). 

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

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

is indicated on the label or on accompanying shipment documentation. 

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

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

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

remedied to the satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the 

life of the contract, nor shall it be considered sufficient cause for the Contractor to request an extension 

of any delivery date. In the event the Contractor fails to correct such objectionable conditions within the 

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

accordance with the “Default” clause of the contract. 

(b) Delivery conveyances.

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

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

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

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

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

maintain prescribed temperatures, or the transport results in product ‘unfit for intended purpose’, supplies 

tendered for acceptance may be rejected without further inspection. 

9. 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. 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

10. REWORK OF NONCONFORMING PRODUCT PRE OR POST ACCEPTANCE

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

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

indicated below. 

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

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

conducted prior to the Government verification inspection do not require approval from the Government. 

Although the GQAR must be informed of all reworks, the contractor is not required to obtain approval to take 

corrective and preventive action as deemed necessary to ensure compliance with contractual requirements. For 

reworks requiring the Government's approval (as specified below), the contractor may submit a Standard Rework 

Procedure (SRP), for certain defects, under the contractor's documented QSP section XII - Corrective and 

Preventive Action Program. The SRPs must be specific and these must be evaluated by DLA Troop Support-FTR, and 

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

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

include rational information and data that supports the rework plan and ensures the elimination of 

nonconforming material from the lot. When a contractor determines as a result of his end item inspection(s) or 

QSP that supplies do not conform to contractual requirements and the supplies cannot be reworked (such as 

drained weight, viscosity, piece size, residual air, etc), he has the alternative to request the Contracting 

Officer for a waiver for the nonconforming requirement. If the Contracting Officer approves the waiver request 

for a specific requirement, the written waiver approval shall be provided to the GQAR when the supplies are 

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

GQAR shall inspect the supplies for compliance with all requirements of the contract, except the waived 

requirement. The Contracting Officer, in special circumstances, may request the GQAR to inspect for the 

non-conforming characteristics also, after the waiver for the nonconforming requirement has been provisionally 

approved, to determine severity of nonconformance only. Due to the type of statistical sampling cited in the 

contract, under no circumstances shall a lot found nonconforming by the contractor be inspected by the GQAR to 

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

contractor’s inspection. After any lot’s failure or rework, if the lot is reinspected, it will be both 

Contractor and Government inspected at the next higher sample size. 

B. The Following Reworks Must Be Coordinated with The Supervisory GQAR and Approved by The Applicable DLA 

Troop Support-FTR Office. 

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

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

processed/unprocessed container mix-ups must be approved by FTR. Thermal process deviations or deviations from 

the preparation, formulation or critical factors cited in the approved process schedule must be accompanied by 

a detailed letter from the plant's Processing Authority. The involved subcode(s), the deviation, and the 

disposition of the product shall be clearly identified when the complete lot is presented for Government end 

item verification inspection. If the producer fails to provide enough information/data in the case of a 

deviation, the GQAR shall contact FTR for approval to proceed with the Government end item verification 

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

requirements (USDA-FSIS, FDA). Foreign material identified during normal in-process control actions do not 

require a waiver request. However, foreign material discovered during in-house or GQAR/USDA end item 

inspection is cause for rejection of the lot. Rework request that result from foreign material identified 

during end item inspection of the in-house and/or GQAR/USDA requires prior approval from DLA Troop Support 

FTR. 

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

DLA Troop Support FTR, but does require USDA notification of the incident. However, foreign material 

discovered during the Contractor or GQAR/USDA end item inspection is cause for rejection of the lot. Rework 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

requests that involve foreign material identified during end item inspections require approval from DLA Troop 

Support FTR before the rework activity can proceed. 

“Retesting/re-inspection/rework of product that tested positive for food borne pathogens (salmonella, e. 

coli, etc.) is not authorized.” 

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

formulation/ingredient requirements cited in the specifications shall be submitted as a request for product 

deviation and must be approved and coordinated with the Specification Preparing Activity (Natick) through the 

applicable Contracting Officer. 

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

producer’s end item inspection (for critical container defects only) or Government final lot end item 

verification inspection, must be approved by FTR unless 100% primary container rework of the entire lot is 

conducted at source. All containers exhibiting same or other container integrity defects must be removed 

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

re-inspected, as applicable, by the contractor at the location of the rework using the next larger sample size 

(for example, from 200 samples to 315, or if a second rework, from 315 samples to 500 samples). Rework results 

must be included with other paperwork when the lot is presented for Government end item verification 

inspection. 

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

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

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

approved by the applicable Contracting Officer, unless exempted under paragraph 3 above. 

 

C. Contractor's Quality History:

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

Government end item verification inspection (receipt, in-process and contractor's end-item inspections) will 

be determined by the results of the end item verification inspection performed by the GQAR. Corrective actions 

taken to ensure compliance with the contractual requirements prior to the Government end item verification 

inspection will not be counted against the contractor's quality history. If product is found conforming during 

the Government end item verification inspection, the corrective action will be determined to have been 

effective. However, all requests for waivers and product deviations will be counted. 

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

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

for which the contractor took a corrective action, the corrective action will be determined to have been 

ineffective. In addition to any action taken, the contractor must reevaluate their documented QSP and/or the 

implemented corrective and preventive action program by an internal audit and results must be submitted to DLA 

Troop Support-FTSB (Quality Systems Auditors). All corrective actions (rework/screening inspections, etc.) 

taken by the contractor due to a Government end item verification inspection rejection will be documented in 

the contractor's quality history records. 

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

days from date of initial rejection. 

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

rational information and data that supports the rework plan and ensures the elimination of nonconforming 

material from the lot. See “Request for Rework, Request for Waiver, Request for Deviation, or Re-inspection of 

Nonconforming Supplies”. 

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

Nonconforming Supplies

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

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

nonconforming lot(s) must be furnished, as appropriate to the Contracting Officer and cognizant Government QAR 

and shall at a minimum contain the following: 

NOTE: Subject line should include what is being asked for (i.e.: Request for Waiver for Drain Weight of Beef 

Stew or Request for Rework for Residual Air for Apple Dessert) 

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

b. Approval Required from DLA: Yes or No

c. Contractor Name/Address

d. Contract Number

e. Product Name

f. National Stock Number

g. Batch Number(s) (If Applicable)

h. Sublot(s) (If Applicable)

i. Lot Number(s)

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

k. Quantity

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

m. Sample Size; Defect; Accept/Reject

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

o. Inspection Failure (Summary of non-conformances)

p. Failure Identified: Processing, Packaging, End Item

q. Inspector: In-plant/Contractor or USDA

r. Date of Incident

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

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

incident) 

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

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

why) 

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

occurrence) 

x. Estimated Cost

y. Effect on Delivery

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

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

include rational information and data that supports the rework plan and ensures the elimination of 

nonconforming material from the lot. After any lot’s failure or rework, if the lot is reinspected, it will be 

both Contractor and Government inspected at the next higher sample size. 

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

by the PCO, the contractor shall take corrective action to eliminate the cause of the inspection revealed 

failure; reinspect the non-reworked lot after taking the corrective action, and evaluate the results of the 

initial inspection and the re-inspection by means of recognized statistical methods. 

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

inspections, acceptability will be based on re-inspection results. A significant difference is one that is 

real and not due to chance variation. Statistically, a difference which has a 0.05 probability of occurring by 

chance alone is usually considered a significant difference. 

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

inspections, both results will be reported to the Contracting Officer. 

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

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

requirement. 

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

decision when the requirement is a unit (attribute) requirement. 

11. QUALITY ASSURANCE PROVISIONS- GOVERNMENT INSPECTION AND ACCEPTANCE:

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

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

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

b. For the purposes of Inspection/Acceptance and Shipment/Delivery, a manufacturer’s “lot” shall be 

considered no greater than a single shift’s production. 

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

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

e. All delivered product shall be free of defects.

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

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

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

Solicitation. 

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

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

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

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

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

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

activity (not DLA Troop Support). 

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

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

To expedite shipment, the Contractor has the option to perform, or have performed by an independent 

laboratory, 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 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

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

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

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

selected for inspection. If lot 4 is selected, the next samples will be selected from lots 5, 6, 7, 8, 9, or 

10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 13, or 14; and so on.) 

 (2) Contractor’s testing system shall be considered unreliable when (i) the Government verification 

results indicate product nonconformance to contract requirements; and (ii) a significant disparity exists 

between Government laboratory results and Contractor test results. When a Contractor’s testing system is 

determined to be unreliable, compliance testing will revert to the Government, and all items shall be 

inspected by the Government prior to shipment. 

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

between Government laboratory results and Contractor test results; (ii) the Government test results indicate 

significantly poorer quality than the Contractor’s; and (iii) the Government laboratory test results do not 

indicate product nonconformance to a statistically significant degree. When the Contractor’s testing system is 

considered doubtful, verification testing will be performed on each lot produced; however, the Government will 

continue to permit the Contractor to ship based on its own test results. 

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

the Contractor’s and Government’s test results. These determinations shall be accomplished by the DLA Troop 

Support, Directorate of Subsistence, Product Services Office, 700 Robbins Avenue, Philadelphia, Pennsylvania 

19111-5092. 

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

will include details of the statistical determinations and test results used in reliability studies. 

Telephonic notification and copies of these determinations will be provided to the Government by DLA Troop 

Support FTRE. 

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

 (1) Reporting of Contractor’s results. Test reports for each lot of end item and components shall be 

submitted in the format contained in this clause by the Contractor in an original and one copy to the 

designated Government inspector. The inspector will forward one completed copy to DLA Troop Support FTRE. 

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

material required by the contract to assure that the Contractor’s testing results are reliable. Verification 

samples will be accompanied by a Department of Defense (DD) form 1222, Request for and Results of Tests. The 

Government laboratory that performs the tests will provide copies of the test results to the Government 

inspector and to DLA Troop Support FTRE. The Government laboratory will telephone the results to DLA Troop 

Support HS (215-737-4259) when testing identifies nonconformance. The Government reserves the right to (i) 

increase the rate or amount of verification testing up to and including full lot-by-lot testing, in the event 

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

significant disparities exist between the Contractor’s results and the results of the Government laboratory 

testing. When any element of the Contractor testing system is determined unreliable, the Government may 

consider the testing system as a whole unreliable and return to full lot-by-lot verification for every test. 

Testing by the Government will continue until such time as the Contractor’s reliability is again established. 

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

component or finished product or both (the quantity of which shall be the next larger available sample size 

required for unit testing and the same sample size required for composite testing) for inspection purposes. 

Unused samples will be returned to the Contractor. 

(e) Charges applicable to unreliable test status. The prime Contractor shall be charged the costs of 

lot-by-lot inspection during the period that its testing system is considered unreliable. These charges will 

be processed and approved by the Contracting Officer. 

(f) Format for Contractor/subcontractor test report.

Name and address of Contractor: 

Name and address of subcontractor: (if applicable)

Received for testing: (date) 

Contract number:

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

Quantity tested: 

Applicable specification: 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

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

Quantity in lot: (units)

Testing completed: (date) 

Test report

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

and identify results obtained from composite samples.) 

(Typed name and title of laboratory official and signature)

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

by supplier’s laboratory or by subcontractor’s laboratory. 

Certification

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

representative of the lot, and to the best of my knowledge and belief, have been found to comply with the 

analytical requirements of the specification, contract no. _______________ 

Signature:______________________________

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

The following certification shall be affixed to the test report when testing was performed on component 

and/or end item by Contractor’s laboratory or an independent laboratory. 

Certification

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

required by the contract, through the testing of samples that were representative of the lot, and to the best 

of my knowledge and belief, were found to comply with the analytical requirements of the specification and the 

contract. 

Signature: ___________________________________________________________________

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

Distribution:

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

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

(End of Text)

12. ELECTRONIC INVOICING BY SUPPLIERS VIA IRAPT (FORMERLY WAWF):

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

two trained company representatives with access to iRAPT. Suppliers shall submit an “Invoice and Receiving 

Report Combo” document. A copy of the iRAPT Report and a Bill of Lading shall be provided to Tracy Depot for 

each individual shipment. The iRAPT report and Bill of lading shall be presented by the truck driver or it 

must be attached to the last pallet of a shipment. The iRAPT report is the only acceptable invoice and must be 

completely in order to receive payment. This is a condition for contract award. Due to audit readiness, trucks 

arriving without proper packet shall be rejected. 

iRAPT is a secure web based system for electronic invoicing, receipt, acceptance, and property transfer. 

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

allows government personnel to process those invoices in a real-time, paperless environment. It is also the 

only application that will be used to capture the Unique Identification (UID) of Tangible Items information. 

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

Electronic Submission of Payment Requests and Receiving Reports) which requires claims for payment under a 

Department of Defense Contract to be submitted in electronic form. As of March 03, 2008, DOD has issued a 

final rule amending the Defense Federal Acquisition Regulation supplement (DFARS) to require use of the iRAPT 

formerly Wide Area Workflow as the only acceptable electronic system for submitting requests for payment 

(invoices and receiving reports) under DOD contracts. For access to the iRAPT formerly WAWF system, please go 

to the following website: https://wawf.eb.mil/.

iRAPT System Requirements

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

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

The minimum system requirements are:

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

# 133 MHz or more Pentium microprocessor (or equivalent)

# SVGA Color Monitor (minimum 256 color)

# 64 MB RAM (minimum)

# Internet Access (broadband recommended)

Try the “iRAPT Mobile” App!

--------------------------------------------------------------------------------------------------------------

--------------------

CONTRACT CLAUSES

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

****

(b) The permissible variation shall be limited to:

2.00 Percent increase

0.00 Percent decrease

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

52.212-4 Contract Terms and Conditions -- Commercial Items (MAY 2015) - 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:

(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 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

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 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 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

drawn are reasonably representative of the quantity on which warranty action is proposed, and (2) the defects 

found in the sample size are sufficient to reject the quantity of supplies on which warranty action is 

proposed, even though the sample size may be less than that required for such quantity. The original 

inspection lots need not be reconstituted, nor shall the Contracting Officer be required to use the same lot 

size as on original inspection. Within a reasonable time after the notice, the Contracting Officer may 

exercise one or more of the following options; and also, following the exercise of any option, may 

unilaterally change it to one or more of the other options set forth below: 

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

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

supplies to the contractor for correction or replacement; 

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

continental United States and to correct or replace all nonconforming supplies; 

(iv) Return any supplies or group of supplies under this clause to the contractor (irrespective of the 

f.o.b. point or the point of acceptance) for screening and correction or replacement; 

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

the contractor shall repay the contract price paid therefore. In such event, the Government may reprocure 

similar supplies upon such terms and in such manner as the Contracting Officer may deem appropriate, and 

charge to the contractor the additional cost occasioned the Government thereby. 

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

submit in writing and within 30 days after receipt of notice of such invocation a schedule for either: 

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

supplies; or, 

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

replaced supplies. 

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

If the contractor fails to provide an agreeable schedule within the specified period, or any extension agreed 

to by the Government, the Government may correct the items and charge the contractor's account; or, issue a 

contract for correction of the items and charge the contractor's account; or, exercise one or more of the 

remedies specified in paragraph (4) below. 

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

the corrected or replaced supplies to the Government within the time established; or, fails to make progress 

after their return to correct or replace them so as to endanger performance within the time established for 

redelivery and does not cure such failure within a period of 10 days (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 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 

3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 

U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1n553 of the American Recovery 

and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 

U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. 

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

Add the following:

(5) Definitions.

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

and Federal awardee information and the centralized Government system for certain contracting, grants, and 

other assistance-related processes. 

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

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

Government entity; or 

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

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

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

(D&B) to identify unique business entities. 

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

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

4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to 

establish additional SAM records for identifying alternative 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 (JUN 2016) FAR 

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

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

acquisitions of commercial items: 

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 

3805 note)). 

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

indicated as being incorporated in this contract by reference to implement provisions of law or Executive 

orders applicable to acquisitions of commercial items: 

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 

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

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

2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment 

Act of 2009). 

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 

109-282) (31 U.S.C. 6101 note). 

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. 

C). 

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

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

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, 

Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). 

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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.

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

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

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

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

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

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

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

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

_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (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)). 

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

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

13496). 

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

prescribed in 22.1803.) 

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

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available 

off-the-shelf items.) 

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

commercially available off-the-shelf items.) 

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

2016) (E.O.13693). 

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

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).

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

_X__ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (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.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and 

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

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) 

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

Note). 

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 

5150). 

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 

U.S.C. 2307(f)). 

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 

3332). 

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) 

(31 U.S.C. 3332). 

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (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.

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

_X__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 

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

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

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

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

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified 

acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. 

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

shall have access to and right to examine any of the Contractor’s directly pertinent records involving 

transactions related to this contract. 

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

other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract 

or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of 

this contract. If this contract is completely or partially terminated, the records relating to the work 

terminated shall be made available for 3 years after any resulting final termination settlement. Records 

relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or 

relating to this contract shall be made available until such appeals, litigation, or claims are finally 

resolved. 

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other 

data, regardless of type and regardless of form. This does not require the Contractor to create or maintain 

any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision 

of law. 

(e) 

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the 

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a 

subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as 

required by the clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Note). 

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 20 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

down required in accordance with paragraph (e) of FAR clause 52.226-6. 

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

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. 

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number 

of additional clauses necessary to satisfy its contractual obligations. 

(End of Clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, 

redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of 

this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”. 

Alternate II (Mar 2016). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and 

(e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: 

(d)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 

or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the 

foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions 

relating to, this contract; and 

(ii) Interview any officer or employee regarding such transactions.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the 

Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the 

Inspector General under paragraph (d)(1)(ii) does not flow down; and 

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow 

down shall be as required by the clause—

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) 

(Section 1553 of Pub. L. 111-5). 

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

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

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

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

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

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

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

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

(H) 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. 

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

(J) ____ (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(K) 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). 

(L) 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). 

(M) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

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

(O) 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. 

(P) 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. 

[Class Deviation- 2013-O0019, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement 

System. This clause deviation is effective on Sep 25, 2013, and remains in effect for five years, or until 

otherwise rescinded. 

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 21 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

ITEMS (DEVIATION 2013-O0019) (JUN 2016) 

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this 

paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified 

acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. 

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

shall have access to and right to examine any of the Contractor’s directly pertinent records involving 

transactions related to this contract. 

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

other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract 

or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of 

this contract. If this contract is completely or partially terminated, the records relating to the work 

terminated shall be made available for 3 years after any resulting final termination settlement. Records 

relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or 

relating to this contract shall be made available until such appeals, litigation, or claims are finally 

resolved. 

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other 

data, regardless of type and regardless of form. This does not require the Contractor to create or maintain 

any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision 

of law. 

(b) 

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to 

flow down any FAR clause, other than those in this paragraph (b)(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 (Apr 2010) (41 U.S.C. 3509).

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

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

business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Note). 

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

down required in accordance with paragraph (e) of FAR clause 52.226-6. 

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

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. 

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

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 22 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number 

of additional clauses necessary to satisfy its contractual obligations. 

(End of Clause)

Addendum to 52.212-5

The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR 

Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law 

or Executive orders applicable to acquisitions of commercial items or components. 

1. __X___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 

2. __X___252.203-7003, Agency Office of the Inspector General (DEC 2012)

3. __X___252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991)

4. __X___252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2014)

5. __X___252.225-7001, Buy American and Balance of Payments Program (NOV 2014)

a. _____Alternate I (NOV 2014) of 252.225-7001

6. _____252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013)

7. _____252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty

Metals (OCT 2014)

8. __X___252.225-7012, Preference for Certain Domestic Commodities (FEB 2013)

9. _____252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005)

10. _____252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)

11. _____252.225-7021, Trade Agreements (NOV 2014)

a. _____Alternate II (NOV 2014) of 252.225-7021

12. _____252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)

13. _____252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003)

14. _____252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program (NOV 2014)

a. _____Alternate I (NOV 2014) of 252.225-7036

b. _____Alternate II (NOV 2014) of 252.225-7036

c. _____Alternate III (NOV 2014) of 252.225-7036

d. _____Alternate IV (NOV 2014) of 252.225-7036

e. _____Alternate V (NOV 2014) of 252.225-7036

15. _____252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States. 

(JAN 2015) 

16. _____252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns (SEP 2004) 

17. _____252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

18. _____252.227-7015, Technical Data -- Commercial Items (FEB 2014)

19. _____252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013),

20. _____252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 

(JUN 2012)

21. _____252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel 

(JUN 2013)

22. _____252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) 

23. _____252.243-7002, Requests for Equitable Adjustment (DEC 2012) 

24. _____252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations

(OCT 2010) 

25. _____252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

(JUN 2013) 

26. _____252.247-7023, Transportation of Supplies by Sea (APR 2014) .

a. _____Alternate I (APR 2014) of 252.247-7023.

b. _____Alternate II (APR 2014) of 252.247-7023.

27. _____252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) 

28. _____252.247-7027, Riding Gang Member Requirements (OCT 2011) 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 23 OF 29 PAGES

SPE3S1-17-D-5001
 

 CONTINUED ON NEXT PAGE

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to 

Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the 

following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at 

any tier under this contract: 

1. 252.225-7039, DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (JAN 

2015) 

2. 252.227-7013, Rights in Technical Data – Noncommercial Items (JUN 2013)

3. 252.227-7015, Technical Data – Commercial Items (FEB 2014)

4. 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013)

5. 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

6. 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

7. 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013)

8. 252.247-7023, Transportation of Supplies by Sea (APR 2014)

9. 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

(End of Addendum)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 24 OF 29 PAGES

SPE3S1-17-D-5001
 CONTINUED ON NEXT PAGE

SECTION F - DELIVERIES OR PERFORMANCE

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

 

SECTION I - CONTRACT CLAUSES

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in

clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber 

Incident Reporting, shall be implemented for all covered defense information on all covered contractor information 

systems that support the performance of this contract.

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

operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

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

specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, 

“Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see 

http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

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

that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror 

shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a 

written explanation of—

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

(B) How an alternative but equally effective, security measure is used to 

compensate for the inability to satisfy a particular requirement and achieve 

equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary 

from NIST SP 800-171 requirements in writing prior to contract award. Any accepted 

variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

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

INFORMATION (OCT 2016) DFARS

(a) Definitions. As used in this clause—

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

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

information to unauthorized media may have occurred.

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

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

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

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

publicly available without restrictions.

“Covered defense information” means unclassified information that—

(1) Is—

(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

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

the performance of the contract; and

(2) Falls in any of the following categories:

(i) Controlled technical information. 

(ii) Critical information (operations security). Specific facts identified through the Operations Security process 

about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act 

effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment 

(part of Operations Security process).

(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or 

other information whose export could reasonably be expected to adversely affect the United States national 

security and nonproliferation objectives. To include dual use items; items identified in export administration 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 25 OF 29 PAGES

SPE3S1-17-D-5001
 CONTINUED ON NEXT PAGE

regulations, international traffic in arms regulations and munitions list; license applications; and sensitive 

nuclear technology information.

(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or 

dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., 

privacy, proprietary business information).

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

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

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in 

the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident pursuant 

to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or 

derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or 

technical assistance directly to the Government in support of the Government’s activities related to clause 

252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations 

consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the nondisclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this 

clause.

(5) A breach of these obligations or restrictions may subject the Contractor to—

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, 

damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that 

reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar 

contractual instruments, for services that include support for the Government’s activities related to safeguarding 

covered defense information and cyber incident reporting, including subcontracts for commercial items, without 

alteration, except to identify the parties.

(End of clause)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) 

DFARS

(a) Definitions. As used in this clause—

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

misuse, or unauthorized access to, or modification of information.

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

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

information to unauthorized media may have occurred.

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

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

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

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

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

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

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

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

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

publicly available without restrictions.

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

that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

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

of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security 

process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan 

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 26 OF 29 PAGES

SPE3S1-17-D-5001
 CONTINUED ON NEXT PAGE

and act effectively so as to guarantee failure or unacceptable consequences for friendly mission 

accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or 

other information whose export could reasonably be expected to adversely affect the United States national 

security and nonproliferation objectives. To include dual use items; items identified in export administration 

regulations, international traffic in arms regulations and munitions list; license applications; and sensitive 

nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or 

dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., 

privacy, proprietary business information).

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

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

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

in a manner that maintains the integrity of the data.

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

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

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

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

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

information system.

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

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

Armed Forces in a contingency operation.

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

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

252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this 

solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and 

associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item 

identifications, data sets, studies and analyses and related information, and computer software executable code and source 

code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all 

covered contractor information systems that support the performance of work under this contract. To provide 

adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems 

including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology 

(IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the security requirements 

specified in the clause 252.239-7010, Cloud Computing Services, of this 

contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall 

be subject to the security requirements specified elsewhere in this contract; or

(ii) For covered contractor information systems that are not part of an IT service or system 

operated on behalf of the Government and therefore are not subject to the security 

requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology 

(NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified 

Information in Nonfederal Information Systems and Organizations,” 

http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the 

solicitation is issued or as authorized by the Contracting Officer, as soon as 

practical, but not later than December 31, 2017. The Contractor shall notify the 

DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of 

any security requirements specified by NIST SP 800-171 not implemented at the 

time of contract award; or

(B) Alternative but equally effective security measures used to compensate for 

the inability to satisfy a particular requirement and achieve equivalent protection 

accepted in writing by an authorized representative of the DoD CIO; and

(2) Apply other information systems security measures when the Contractor easonably determines that 

information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may 

be required to provide adequate security in a dynamic environment based on an assessed risk or 

vulnerability.

(c) Cyber incident reporting requirement.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 27 OF 29 PAGES

SPE3S1-17-D-5001
 CONTINUED ON NEXT PAGE

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

the covered defense information residing therein, or that affects the contractor’s ability to perform the 

requirements of the contract that are designated as operationally critical support, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, 

including, but not limited to, identifying compromised computers, servers, specific data, 

and user accounts. This review shall also include analyzing covered contractor information 

system(s) that were part of the cyber incident, as well as other information systems on the 

Contractor’s network(s), that may have been accessed as a result of the incident in order 

to identify compromised covered defense information, or that affect the Contractor’s ability 

to provide operationally critical support; and

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

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

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

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

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

on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection 

with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the 

Contracting Officer.

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

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

clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident 

report to allow DoD to request the media or decline interest.

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

Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a 

forensic analysis.

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

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

paragraph (e) of this clause.

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

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

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

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

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

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

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

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

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

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

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

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

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

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

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

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

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

Contractor Reported Cyber Incident Information.

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

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

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

be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for 

any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based 

restrictions on the Government’s use and release of such information.

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

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

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

clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting 

pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a 

result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 28 OF 29 PAGES

SPE3S1-17-D-5001
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for 

operationally critical support, or for which subcontract performance will involve a covered contractor 

information system, including subcontracts for commercial items, without alteration, except to identify the 

parties; and

(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents 

directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report 

number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon 

as practicable.

(End of clause)

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

 

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS

 

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site 

specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI 

processes in lieu of military or Federal specifications or standards:

(Offeror insert information for each SPI process)

SPI Process: 

__________________________________________________ 

Facility: 

__________________________________________________ 

Military or Federal Specification or Standard: 

__________________________________________________ 

Affected Contract Line Item Number, Subline Item Number, Component, or Element: 

_________________________________________________

** **

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

 

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) DLAD

****

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

[ ]. Alternate wording may be negotiated with the contracting officer. 

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name

ATTACH.SF 1449 Page 

1

SPE3S1-17-D-5001 

SF1449 Signed by 

Vendor.pdf

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 29 OF 29 PAGES

SPE3S1-17-D-5001