AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

 RATING

5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE

15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT

7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, State and ZIP Code) 8. DELIVERY

FOB ORIGIN OTHER (See below)

(4 copies unless otherwise

specified)

11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

14. ACCOUNTING AND APPROPRIATION DATA

16. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

A SOLICITATION/CONTRACT FORM

B SUPPLIES OR SERVICES AND PRICES/COSTS

C DESCRIPTION/SPECS./WORK STATEMENT

D PACKAGING AND MARKING

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA

H SPECIAL CONTRACT REQUIREMENTS

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to 

sign this document and return copies to issuing office.) Contractor 

agrees to furnish and deliver all items or perform all the services set forth or otherwise 

identified above and on any continuation sheets for the consideration stated herein. The 

rights and obligations of the parties to this contract shall be subject to and governed by 

the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such 

provisions, representations, certifications, and specifications, as are attached or 

incorporated by reference herein. (Attachments are listed herein.) 

18. SEALED-BID AWARD (Contractor is not required to sign this document.) 

Your bid on Solicitation Number , , 

including the additions or changes made by you which additions or changes are set forth in 

full above, is hereby accepted as to the terms listed above and on any continuation sheets. 

This award consummates the contract which consists of the following documents: (a) the 

Government's solicitation and your bid, and (b) this award/contract. No further contractual 

document is necessary. (Block 18 should be checked only when awarding a sealed-bid 

contract.)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PAGE(S)

PART II - CONTRACT CLAUSES

(X) SEC. DESCRIPTION

PART IV - REPRESENTATIONS AND INSTRUCTIONS

I CONTRACT CLAUSES

J LIST OF ATTACHMENTS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 

OFFERORS

L INSTRS., CONDS., AND NOTICES TO OFFERORS

M EVALUATION FACTORS FOR AWARD

15G. TOTAL AMOUNT OF CONTRACT

19B. NAME OF CONTRACTOR 

BY

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 26 (REV. 5 /2011 )

20B. UNITED STATES OF AMERICA 

BY

Previous edition is usable Prescribed by GSA - FAR (48 CFR) 53.214(a) 

2. CONTRACT (Proc. Inst. Ident.) NO.

SPE3S1-18-D-Z114

3. EFFECTIVE DATE

2018 AUG 29

4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

1000060114

CODE 6D623 FACILITY CODE

9. DISCOUNT FOR PROMPT PAYMENT

Net 30 days

ITEM

12

$20,991,000.00

X 1

19A. NAME AND TITLE OF SIGNER (Type or Print)

 19C. DATE SIGNED

20A. NAME OF CONTRACTING OFFICER

Harry Streibich 

HARRY.STREIBICH@DLA.MIL 

PSPTR01

 20C. DATE SIGNED

2018 AUG 29

X

SEE SCHEDULE, DO NOT SHIP TO ADDRESS ON THIS PAGE

DEF FIN AND ACCOUNTING SVC 

BSM 

P O BOX 182317 

COLUMBUS OH 43218-2317 

USA

SL4701

1

( Signature of person authorized to sign) (Signature of Contracting Officer)

SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Local Admin: Steven Hoenes PSPTRCC Tel: 215-737-3726 

Email: Steven.Hoenes@dla.mil

S1103A

DCMA ATLANTA 

2300 LAKE PARK DRIVE 

SMYRNA GA 30080-0000 

USA 

Criticality: PAS : None

SO-PAK-CO, INC. DBA SOPAKCO 

 PACKAGING 

118 S Cypress St 

MULLINS SC 29574-3004 

USA

See Schedule

150000.000

10. SUBMIT INVOICES 

TO THE 

 ADDRESS SHOWN IN

K PAGE 1 OF 9
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The following documents are hereby incorporated by reference into this contract: Solicitation SPE3S1-17- 

R-0011, all solicitation amendments 0001 through 0005, and your final offer, which is being accepted by the

Government to form this contract.

Tiendung Nguyen is the Administrative Contracting Officer of the resultant contract. 

Effective period of performance. 

Each tier year is comprised of a 365 day term. 

Tier 1: August 29, 2018 - August 28, 2019 

Tier 2: August 29, 2019 - August 27, 2020 

Tier 3: August 28, 2020 - August 27, 2021 

Guaranteed Minimum quantity: 75,000 BX (inclusive of all Tiers) 

Maximum quantity: 150,000 BX 

Delivery Terms: F.O.B. Origin 

Inspection and Acceptance Points: Origin 

Place of Performance: 

SOPAKCO, Inc. 

118 South Cypress Street 

Mullins, SC 29574-3001 

Schedule of Items: 

1. Meal, Cold Weather

NSN: 8970-01-584-8759
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SECTION E - INSPECTION AND ACCEPTANCE

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR

SECTION F - DELIVERIES OR PERFORMANCE

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR

As prescribed in 47.305-16(b)(1), insert the following clause: 

(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately.

This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in

paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping

characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting

Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the

item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the

difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping

characteristics had been accurate.

(1) To be completed by the offeror:

(i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ;

(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ;

(iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft;

(iv) Number of items per container each;

(v) Gross weight of container and contents Lbs;

(vi) Palletized/skidded [ ] Yes [ ] No;

(vii) Number of containers per pallet/skid ;

(viii) Weight of empty pallet bottom/skid and sides Lbs;

(ix) Size of pallet/skid and contents Lbs Cube ;

(x) Number of containers or pallets/skids per railcar *

(A) Size of railcar

(B) Type of railcar

(xi) Number of containers or pallets/skids per trailer *

(A) Size of trailer Ft

(B) Type of trailer

* Number of complete units (line item) to be shipped in carrier's equipment.

(2) To be completed by the Government after evaluation but before contract award:

(i) Rate used in evaluation ;

(ii) Tender/Tariff ;

(iii) Item .

(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements,

which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers

and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which

differ from those used for evaluation in accordance with paragraph (a) of this clause.

(End of clause) 
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SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013) FAR

52.203-3 GRATUITIES (APR 1984) FAR

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014) FAR

52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR

52.203-14 DISPLAY OF HOTLINE POSTER (OCT 2015) FAR

As prescribed in 3.1004(b), insert the following clause: 

(a) Definition. 

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas. 

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c). 

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business 

segments performing work under this contract and at contract work sites. 

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this 

clause; and 

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer. 

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall 

display an electronic version of the poster(s) at the website. 

(3) Any required posters may be obtained as follows: 

Poster(s) Obtain from 

 

 

(Contracting Officer shall insert --- 

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and 

(ii) The website(s) or other contact information for obtaining the poster(s).) 

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline 

poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any 

required DHS posters. 

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 

million, except when the subcontract. 

(1) Is for the acquisition of a commercial item; or 

(2) Is performed entirely outside the United States. 

(End of clause) 

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF 

WHISTLEBLOWER RIGHTS (APR 2014) FAR

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 

2008) DFARS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR
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252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, 

SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2015) FAR

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY 

THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015) DFARS

52.210-1 MARKET RESEARCH (APR 2011) FAR

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS

As prescribed in 211.273-4, use the following clause: 

(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by 

the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at 

specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the 

Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments. 

(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A 

listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm

(paragraph 4.2). 

(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall 

(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted; 

(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards 

cited in the solicitation; 

(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and 

(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:

(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable 

replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror 

(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but 

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers. 

 (End of clause) 

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (OCT 2016) FAR

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) FAR

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) FAR

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016) FAR

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) FAR

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) FAR

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

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2016), ALT I (DEC 2016) DFARS
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252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016) DFARS

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016) DFARS

52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAY 2014) FAR

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN 

SMALL BUSINESS CONCERNS (SEP 2004) DFARS

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR

52.232-17 INTEREST (MAY 2014) FAR

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR

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

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) DFARS

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

(a) Definitions. As used in this clause- 

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. 

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). 

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement 

system. 

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as 

authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 

(c) WAWF access. To access WAWF, the Contractor shall- 

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and 

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. 

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice 

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the 

WAWF home page at https://wawf.eb.mil/ 

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer 

Protocol. 

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports 

in WAWF for this contract/order: 

(1) Document type. The Contractor shall use the following document type(s). 

 

(Contracting Officer: Insert applicable document type(s). 

Note: If a “Combo” document type is identified but not supportable by the 

Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” 

(stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified 

by the contracting officer. 

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF 

when creating payment requests and receiving reports in the system. 

Routing Data Table*

Field Name in WAWF Data to be entered in 

WAWF

Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code
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Field Name in WAWF Data to be entered in 

WAWF

Mark For Code Service Approver 

(DoDAAC)

Service Acceptor 

(DoDAAC)

Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” 

 if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item 

and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant backup documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. 

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” 

field of WAWF once a document is submitted in the system. 

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

(g) WAWF point of contact. 

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

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

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

(End of clause)

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

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

52.242-13 BANKRUPTCY (JUL 1995) FAR

252.217-7015 SAFETY AND HEALTH (DEC 1991) DFARS

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

As prescribed in 243.205-71, use the following clause: 

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the 

Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs 

that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable 

to the change in accordance with applicable acquisition regulations. 

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition 

threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of 

the Contractor: 

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and 

belief.

(Official's Name)

(Title)

 

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including 

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and 
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(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to 

support any estimated costs, even if certified cost or pricing data are not required. 

(d) The certification requirement in paragraph (b) of this clause does not apply to 

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under 

a cost-reimbursement type contract, or progress payment invoices; or 

(2) Final adjustments under an incentive provision of the contract. 

(End of clause)

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

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001) FAR

As prescribed in 46.710(b)(1), insert a clause substantially as follows: 

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

“Acceptance” 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 and identified supplies, or approves specific services rendered, as partial or complete performance of the 

contract. 

“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include 

“data.” 

(b) Contractor's obligations. 

(1) The Contractor warrants that for [Contracting Officer shall state the specific warranty period after delivery, or the specified event whose 

occurrence will terminate the warranty period; e.g., the number of miles or hours of use, or combinations of any applicable events or periods 

of time] all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all 

requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor's warranty shall extend 

only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor's 

warranty shall extend to the modification or other work. 

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as 

supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the 

date of delivery of the corrected or replaced supplies. 

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies 

necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the 

event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the 

nonavailability. 

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including 

revision and updating of all affected data called for under this contract) at no increase in the contract price. 

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the 

contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return. 

(6) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract. 

(c) Remedies available to the Government. 

(1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract 

price -- 

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at 

the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies; or 

(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully 

accomplish the correction. 

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not 

obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the 

contract price. 

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within . 

[Contracting Officer shall insert specific period of time in which notice shall be given to the Contractor; e.g., “45 days after delivery of the 

nonconforming supplies.”; “45 days of the last delivery under this contract.”; or “45 days after discovery of the defect.”] The Contractor shall 

submit to the Contracting Officer a written recommendation within [Contracting Officer shall insert period of time] as to the corrective action 
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required to remedy the breach. After the notice of breach, but not later than [Contracting Officer shall insert period within which the warranty 

remedies should be exercised] after receipt of the Contractor's recommendation for corrective action, the Contracting Officer may, in writing, 

direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding 

the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in 

paragraph (b)(1) of this clause, the contract price will be equitably adjusted. 

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause 

shall be [Contracting Officer shall insert period within which the Contractor must be notified of a breach as to corrected or replaced supplies] 

from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or 

replacement is effected by the Contractor at a Government or other activity, for [Contracting Officer shall insert period within which the 

Contractor must be notified of a breach of warranty as to corrected or replaced supplies] thereafter. 

(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 the contract. 

(End of clause) 

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) FAR

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

Standard Element ZB_204_7009 has no Title