28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY 

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION 

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

SPE3S1-17-D-Z209

2. CONTRACT NO.

2017 APR 06

3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 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: Jennifer Dam PSPTRA3 Tel: 215-737-7898 Fax: 215-737-4115 

Email: JENNIFER.DAM@DLA.MIL

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % 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: 311920

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

72UW3

NEX-XOS WORLDWIDE LLC 

3922 PEMBROKE RD 

HOLLYWOOD FL 33021-8127 

USA

TELEPHONE NO. 9543170576

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

$6,810,637.32

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)

2017 APR 06

31c. DATE SIGNED

Nex-Xos Worlwide, LLC

2017-Feb-28

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

PAGE 1 OF 17

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

Feb 3, 16 and 27, 2017

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
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
 

 CONTINUED ON NEXT PAGE

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SPE3S1-17-D-Z209
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Part 12 Clauses

...

The following are the NSN and full item description of all items:

NSN ITEM DESCRIPTION Quantity

Unit 

of 

Issue

Product 

Brand

8915-01-623-

6133

APPLE JUICE, CONCENTRATE, SHELF STABLE, 100% 

JUICE 11.5 OZ CN 27,048 EA Welch’s

8940-01-487-

7780

CREAMER, NONDAIRY, dry, 25/3 grams pgs per intermediate 

box, CID A-A-20043B 89,100 CO Vendor Pack

8955-01-484-

9676

CAPPUCCINO, Instant, Powder, French Vanilla, 1 oz.(28.35 g) 

pg, 25 pgs/co., CID A-A-20336A, type II , style A, regular, flavor 

1

21,900

BX S&D 

Coffee

8955-01-513-

4514

CAPPUCCINO, COFFEE, INST, regular, irish cream, 1 oz pg, 

25pgs/co, CID A-A-20336A, flavor 4 19,200 BX S&D Coffee

8955-01-519-

5603

COFFEE, ROASTED, filter pack, grd, jet grind, arabica blend, 

five 1.25 oz. filter pgs/module co, 1.75 gal yield, vacuum sealed 

and waterproof for extended shelf life, 31 module co/case (for 

Unitized Group Ration)

126,000

CO S&D 

Coffee

8955-01-540-

7860

Iced Tea Mix, Peach, pdr, non-nutritive sweetener, ind. serving 

pg., 10 pgs/box, CID A-A-20183C, variety I, style B, type 1, 

flavor d (for Unitized Group Ration).

3,540

BX Jel Sert

8955-01-451-

1572

TEA MIX, INST, pdr, lemon flavored, w/sugar, 24 oz pkg, 2 

gallon yield, CID A-A-20098E, type 1 or 2, class 6 31,860

BX Compact 

Industrie

s

8960-01-487-

7787

COCOA BEV PDR, swt, nonfortified, 16 oz pgs per intermediate 

box, CID A-A-20189B 21,900

BX Compact 

Industrie

s

8960-01-395-

1139

BEV BASE, lemonade, pink, swt, w/ascorbic acid, 24 oz pkg, 2 

gal yield, CID A-A-20098E, flavor 19, type II (for UGR) 10,620 PG Sqwinch

er

8960-01-419-

3689

BEV BASE, grape, pdr, swt, w/ or w/o ascorbic acid, 24 oz pg, 2 

gal yield pg, CID A-A-20098E, form a or b, flavor 5, type II (for 

UGR)

35,640

PG Sqwinch

er

8960-01-419-

3690

BEV BASE, orange, pdr, swt, w/ or w/o ascorbic acid, 24 oz pg, 

2 gal yield pg, CID A-A-20098E, form a or b, flavor 1, type II (for 

UGR).

37,620

PG Sqwinch

er

8960-01-419-

3691

BEV BASE, cherry, swt, pdr, 24 oz pg, 2 gal yield/pg, CID A-A20098E, form a or b, flavor 6, type II (for UGR). 19,260 PG Sqwinch

er

8960-01-419-

3693

BEV BASE, lemonade, pdr, swt, w/ or w/o ascorbic acid, 24 oz 

pg, 2 gal yield pg, CID A-A-20098E, form a or b, flavor 8, type II 

(for UGR)

54,000

PG Sqwinch

er

8960-01-540-

7857

Bev. Base, Lemonade, pdr, non-nutritive sweetener, ind. serving 

pg, 10 pgs/box, CID A-A-20098E, flavor 8, type III (for UGR). 3,540 BX Sqwinch

er

8960-01-585-

8062

Bev. Base, Lemon Lime, sugar free, 10 count per box, CID A-A20098, type III, flavor 4, for UGR E and Heat & Serve 3,540

BX Sqwinch

er

8960-01-585-

8064

Bev. Base, Fruit Punch, sugar free, 20 count per box, CID A-A20098, type III, flavor 7, for UGR E and Heat & Serve 10,620 BX Jel Sert

8960-01-623-

6087 SPORTS DRINK BASE, POWDER, FRUIT PUNCH 21OZ PG

8,694

EA Compact 

Industrie

s

8960-01-623- SPORTS DRINK BASE, POWDER, GRAPE 21OZ PG 8,694 EA Compact 

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SPE3S1-17-D-Z209
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6088 Industrie

s

8960-01-623-

6081 SPORTS DRINK BASE, POWDER, MIXED BERRY 21OZ PG

8,694

EA Compact 

Industrie

s

8960-01-623-

6085 SPORTS DRINK BASE, ORANGE 21OZ PG

14,490

EA Compact 

Industrie

s

8955-01-623-

6277

TEA BAGS, BLACK PEKOE, INDIVIDUALLY WRAPPED, 

100BG/ BX

7,728

EA Eastern 

Tea 

Corp

This is a five 12-Month Tier Periods Fixed Price Indefinite Delivery Type contract with formula pricing i.e. Cost 

of goods plus a Fixed Distribution Fee. 

The effective period of the contract is:

Tier 1: 4/6/2017 – 4/5/2018

Tier 2: 4/6/2018 – 4/5/2019

Tier 3: 4/6/2019 – 4/5/2020

Tier 4: 4/6/2020 – 4/5/2021

Tier 5: 4/6/2021 – 4/5/2022

All terms and conditions of solicitation SPE3S1-16-R-0004, as amended and Contractor’s proposal dated Sep 

12, 2017, letter dated Feb 3, 16 and 27, 2017 and final proposal of Feb 28, 2017 are hereby incorporated into 

this contract.

PRICE ADJUSTMENT

All prices invoiced under this contract shall be computed in accordance the following pricing formula:

Unit Price = Delivered Price + Distribution Price

 The distribution price of each item remains fixed for each tier period. Only the delivered price fluctuates. 

Even though the distribution price is fixed, it is requested that the unit price (= distribution price + delivered 

price) is submitted for unit price adjustment. After receipt of a delivery order, the contractor can request 

change to the delivered price, if the actual invoice prices paid for the product delivered to the distribution point 

have significantly changed from the current contract price. In order for an adjustment to be applicable, 

requests must be received within 15 days of issuance of the delivery order. 

Pricing shown are FOB destination.

NSN ITEM DESCRIPTION

Total 

Delivered 

price 

Year 1 

Dist. 

Price 

Year 1 

Unit 

Price 

Year 1 Est. 

Total Dollar 

Value 

Year 2 

Dist. 

Price 

Year 

3 

Dist. 

Price 

Year 

4 Dist. 

Price 

Year 5 

Dist. 

Price 

8915-

01-623-

6133

APPLE JUICE, 

CONCENTRATE, SHELF 

STABLE, 100% JUICE 

11.5 OZ CN

$ 

1.59 

$ 

0.30 

$ 

1.89 

$ 

51,120.72 

$ 

0.30 

$ 

0.29 

$ 

0.29 

$ 

0.28

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SPE3S1-17-D-Z209
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8940-

01-487-

7780

CREAMER, NONDAIRY,

dry, 25/3 grams pgs 

$ 

0.73 

$ 

0.09 

$ 

0.82 

$ 

73,062.00 

$ 

0.09 

$ 

0.09 

$ 

0.09 

$ 

0.08 

8955-

01-484-

9676

CAPPUCCINO, Instant, 

Powder, French Vanilla, 1 

oz.(28.35 g) pg, 25 

pgs/co.

$ 

1.63 

$ 

0.66 

$ 

2.29 

$ 

50,151.00 

$ 

0.66 

$ 

0.64 

$ 

0.63 

$ 

0.61 

8955-

01-513-

4514

CAPPUCCINO, COFFEE, 

INST, regular, irish cream, 

1 oz pg, 25pgs/co

$ 

1.70 

$ 

0.69 

$ 

2.39 

$ 

45,888.00 

$ 

0.69 

$ 

0.67 

$ 

0.66 

$ 

0.64 

8955-

01-519-

5603

COFFEE, ROASTED, 

filter pack, grd, jet grind, 

arabica blend, five 1.25 

oz. filter pgs/module co

$ 

1.26 

$ 

0.51 

$ 

1.77 

$ 

223,020.00 

$ 

0.51 

$ 

0.50 

$ 

0.48 

$ 

0.47 

8955-

01-540-

7860

Iced Tea Mix, Peach, pdr, 

non-nutritive sweetener, 

ind. serving pg., 10 

pgs/box

$ 

0.95 

$ 

0.46 

$ 

1.41 

$ 

4,991.40 

$ 

0.46 

$ 

0.45 

$ 

0.44 

$ 

0.43 

8955-

01-451-

1572

TEA MIX, INST, pdr, 

lemon flavored, w/sugar, 

24 oz pkg

$ 

1.52 

$ 

0.12 

$ 

1.64 

$ 

52,250.40 

$ 

0.12 

$ 

0.12 

$ 

0.11 

$ 

0.11 

8960-

01-487-

7787

COCOA BEV PDR, swt, 

nonfortified, 16 oz pgs

$ 

1.53 

$ 

0.83 

$ 

2.36 

$ 

51,684.00 

$ 

0.83 

$ 

0.81 

$ 

0.79 

$ 

0.77 

8960-

01-395-

1139

BEV BASE, lemonade, 

pink, swt, w/ascorbic acid, 

24 oz pg

$ 

1.03 

$ 

0.31 

$ 

1.34 

$ 

14,230.80 

$ 

0.31 

$ 

0.30 

$ 

0.29 

$ 

0.29 

8960-

01-419-

3689

BEV BASE, grape, pdr, 

swt, w/ or w/o ascorbic 

acid, 24 oz pg

$ 

1.03 

$ 

0.31 

$ 

1.34 

$ 

47,757.60 

$ 

0.31 

$ 

0.30 

$ 

0.29 

$ 

0.29 

8960-

01-419-

3690

BEV BASE, orange, pdr, 

swt, w/ or w/o ascorbic 

acid, 24 oz pg

$ 

1.03 

$ 

0.31 

$ 

1.34 

$ 

50,410.80 

$ 

0.31 

$ 

0.30 

$ 

0.29 

$ 

0.29 

8960-

01-419-

3691

BEV BASE, cherry, swt, 

pdr, 24 oz pg

$ 

1.03 

$ 

0.31 

$ 

1.34 

$ 

25,808.40 

 $ 

0.31

$ 

0.30 

$ 

0.29 

$ 

0.29 

8960-

01-419-

3693

BEV BASE, lemonade, 

pdr, swt, w/ or w/o 

ascorbic acid, 24 oz pg

$ 

1.03 

$ 

0.31 

$ 

1.34 

$ 

72,360.00 

$ 

0.31 

$ 

0.30 

$ 

0.29 

$ 

0.29 

8960-

01-540-

7857

Bev. Base, Lemonade, 

pdr, non-nutritive 

sweetener, ind. serving 

pg, 10 pgs/bx

$ 

0.95 

$ 

0.51 

$ 

1.46 

$ 

5,168.40 

$ 

0.51 

$ 

0.50 

$ 

0.48 

$ 

0.47 

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8960-

01-585-

8062

Bev. Base, Lemon Lime, 

sugar free, 10 count per 

box

$ 

0.91 

$ 

0.49 

$ 

1.40 

$ 

4,956.00 

$ 

0.49 

$ 

0.48 

$ 

0.47 

$ 

0.45 

8960-

01-585-

8064

Bev. Base, Fruit Punch, 

sugar free, 20 count per 

box

$ 

1.27 

$ 

0.69 

$ 

1.96 

$ 

20,815.20 

$ 

0.69 

$ 

0.67 

$ 

0.66 

$ 

0.64 

8960-

01-623-

6087

SPORTS DRINK BASE, 

POWDER, FRUIT 

PUNCH 21OZ PG

$ 

1.51 

$ 

0.82 

$ 

2.33 

$ 

20,257.02 

$ 

0.82 

$ 

0.80 

$ 

0.78 

$ 

0.76 

8960-

01-623-

6088

SPORTS DRINK BASE, 

POWDER, GRAPE 21OZ 

PG

$ 

1.57 

$ 

0.76 

$ 

2.33 

$ 

20,257.02 

$ 

0.76 

$ 

0.74 

$ 

0.72 

$ 

0.70 

8960-

01-623-

6081

SPORTS DRINK BASE, 

POWDER, MIXED 

BERRY 21OZ PG

$ 

1.82 

$ 

0.64 

$ 

2.46 

$ 

21,387.24 

$ 

0.64 

$ 

0.62 

$ 

0.61 

$ 

0.59 

8960-

01-623-

6085

SPORTS DRINK BASE, 

ORANGE 21OZ PG

$ 

1.77 

$ 

0.65 

$ 

2.42 

$ 

35,065.80 

$ 

0.65 

$ 

0.63 

$ 

0.62 

$ 

0.60 

8955-

01-623-

6277

TEA BAGS, BLACK 

PEKOE, INDIVIDUALLY 

WRAPPED, 100BG/ BX

$ 

1.97 

$ 

1.19 

$ 

3.16 

$ 

24,420.48 

$ 

1.19 

$ 

1.16 

$ 

1.13 

$ 

1.10 

The total minimum contract dollar value for five-year period is $227,021.44.

The total maximum contract dollar value for five-year period is $6,810,637.32.

ORDERING

 Delivery Orders may be issued from the date of award through 1824 days thereafter.

 All Delivery Orders issued will allow a minimum of 45 days lead-time for delivery. Due to contract leadtime, 

orders will be accepted during the effective contract period but deliveries might fall outside of the contract 

ordering period.

 For the purposes of the Delivery Order Limitations Clause 52.216-19, the minimum order quantity is one full 

pallet layer.

The following is the complete delivery address:

DODAAC: W62G2T

Address:

Defense Depot Tracy

DLA DISTRIBUTION San Joaquin

25600 S. CHRISMAN ROAD

WAREHOUSE No. 30, Section 2 – UGR 

TRACY, CA 95376-5000 

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For appointment call (209)839-4496, 24 hr prior to delivery.

The shelf life requirement is 18 months.

Product Brand/Label changes:

The contractor may also propose, in writing to the Contracting Officer at any time, another brand/label 

of product for any contract item. If another brand/label is proposed, the government may request new product 

samples. If the Government considers the new proposed item an improvement, and a better value 

considering price, it will advise the contractor in writing of its acceptance of the replacement brand/label, and 

the new item will be the contract brand/label evaluated for future delivery orders. An approved brand/label 

replacement shall not modify any existing delivery order(s), unless such delivery order is formally modified.

TECHNICAL/QUALITY DATA

1. INSPECTION AND ACCEPTANCE REQUIREMENTS

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

considered no greater than a single shift’s production. 

Note: When product is being delivered to Tracy Depot in California, lot numbers will not be mixed on the same 

pallet.

B. OPTIONAL CONTRACTOR TESTING is provided by the alternate inspection requirements of DLAD 52.246-

9024, Alternative Inspection Requirements for Selected Items.

2. PACKAGING:

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

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

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

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

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

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

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

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

leaking.

3. LABELING:

Labeling for unit and intermediate containers shall meet those used in the commercial distribution or over the 

counter retail sales. The labeling shall be sufficient to clearly and visibly identify the contents of the package. 

All markings must comply with the applicable laws as set forth by the Federal Food Drug and Cosmetic Act and 

regulations promulgated there under.

4. PACKING:

The shipping container (including any necessary blocking, bracing cushioning or waterproofing) shall comply 

with the regulations of the carrier used and provide safe delivery to the destination point at the lowest possible 

tariff cost. It shall be capable of multiple handling and storage under favorable conditions for a minimum of one 

year.

5. TRACEABILITY:

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

that each primary container (unit pack) and intermediate container, if required, has a lot number and Date of 

Pack (DOP). 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. When 

not required by specification, the contractor’s lot identification may be of their own coding, i.e. a closed code, 

but the contractor shall provide the coding information for the primary containers and the contract data 

markings upon delivery. Package codes per case lot number shall be identified on the appropriate 

accompanying Bill of Lading/DD Form 250 upon delivery.

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

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

shipped to the Defense Depot (Assembler) for the Unitized Group Ration Programs.

This information shall be made available within 24 hours.

6. 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 60 days prior to delivery; except that for annual pack items, products are required to be from the 

latest seasonal pack.

7. 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.

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 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-FTSC for coordination and action. Situations involving sole sources of supply, 

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proprietary supply sources, and commercial Brand Name items will be evaluated directly by the Chief, DLA 

Troop Support-FTSC, 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: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

processing) must be Worldwide Directory listed.

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

published by the USDHHS, FDA at 

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

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

P1010.31H, 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. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS

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

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

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Subsistence, dated April 2014, with the following information on two adjacent sides of the load with the largest 

characters possible as follows: 

Unitized Ration Component

National Stock Number

Item Name

Date of Pack and Lot Number

Number of Shipping Containers per Pallet

Contract Number

Contractor’s name and Address

Inspection Test Date (ITD)

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

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

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

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

adhesive tape.

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

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

(not DLA Troop Support).

10. UNITIZATION

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

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

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

comply with carrier rules and regulations applicable to the mode of transportation (adhesive bonding is not 

acceptable).

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

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

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

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

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

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

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

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

are placed on).

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

11. QUALITY ASSURANCE PROVISIONS 

FAR Clause 52.246-2 is applicable.

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

salient characteristics and all requirements of this contract; conforms to the producer’s own specifications and 

standards, including product characteristics, manufacturing procedures, quality control procedures, and 

storage and handling practices; has a national or regional distribution from storage facilities located within the 

United States, its territories, or possessions; and is sold on the commercial market.

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

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

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

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

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

probability of correcting the deficiency. 

Any rework plan at a minimum will be approved by DSCP-FTRA, except for instances involving a 

rejection/retention of a lot due to foreign material. A lot rejected/retained due to the actual presence of foreign 

material or the likelihood of the presence of foreign material shall be retained in full and will require 

coordination with DSCP-FTRA prior to initiation of any rework.

A nonconforming lot, other than a lot retained for the presence of foreign material, may only be reworked one 

time without any specific authorization from the Contracting Officer. If a contractor elects to rework a lot a 

second time, a petition with supporting valid technical reasons as to why a second rework will provide more 

success than the first must be submitted in writing to the Contracting Officer for approval.

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

the date of initial rejection.

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

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

and all regulations referenced therein.

12. GOVERNMENT INSPECTION/ACCEPTANCE 

The contractor must meet all characteristics specified herein. Government inspection and acceptance shall be at destination for identity, 

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

1. All shipments must be accompanied by a Bill of Lading or DD-250, and a WAWF report.

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

3. All unit loads shall be stable and not exceed 50 inches in height including pallet material.

4. All delivered product shall be free of defects.

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

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

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

Solicitation.

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

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

the closed product code.

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

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

Contracting Officer’s discretion reworked at a labor rate determined by the destination activity (not DLA Troop Support).

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.

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“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 

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 

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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 

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 

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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.

(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 ofThird-Party 

Contractor Reported Cyber Incident Information.

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

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

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

be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for 

any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based 

restrictions on the Government’s use and release of such information.

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

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

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

clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting 

pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a 

result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

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

operationally critical support, or for which subcontract performance will involve 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)

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