SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 16 

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

2. CONTRAC::T NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE 

DATE DATE 

SPE3S1-15--D-Z204 

2015JUL~7 

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/ 

7. FOR SOLICITATION 

► calls) LOCAL TIME 

lNFORMA TlON CALL: 

9 .. ISSUED BY CODE SPE3S1 10. THIS ACQUISITION IS (8] UNRESTRICTED OR SET ASIDE: %FOR 

OLA 1ROOP SUPPORT □ SMALL BUSINESS □ WOMEN-OWNED SMALL BUSINESS 

SUBSISTENCE SUPPLY CHA!N (WOSB) E.LIGIBLE UNDER THE WOMEN-OWNED 

700 ROBBINS AVENUE □ HUBZONE SMAU SMALL BUSINESS PROGRAM 

Pl,llADEl.PH!A PA 19111-5096 BUSINESS USA □ SERVICE-DISABLED □ EDWOSB NAtCS: 424410 Local Admin.: Kelley Mauldin PSPRTA6 Telt :215-737-7896 Fax: 215-737-7541 

Email: KEU.EY.MAULDIN@DLA.MIL VETERAN-OWNED □ B(A) SIZE STANDARD: SMALL BUSINESS 

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING 

TION UNLESS BLOCK IS 

MARKED □ 13a. THIS CONTRACT ISA 

RATEDOROER UNDER 

□ SEE SCHEDULE 

Net30 days DPAS (15 CFR 700) 1,4. METHOD OF SOLIClTATION 

□ RFQ □ IFS 

□ RFP 

15. DELIVER TO CODE 16. ADMINISTERED BY CODE jSPE3S1 I 

SEE SCHEDULE Sl:E:8LOCK9 

Cntica/,ly; PAS<None 

17a. CONTRACTOR/ CODE j2A178 I FACIUTY 18a. PAYMENT WILL BE MADE BY CODE jSL4701 I 

OFFEROR CODE 

ENVISION, INC. 

DEF FIN AND ACCOUNTING SVC 

BSM 

2301 S WATER ST PO BOX 182317 

WICHITA KS 67213-4819 COLUMBUS OH 43218·2317 USA USA 

TELEPHONE NO. 31:62672244 

~ 17b. CHECK If REM ITT A.NCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBM'ff INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 

□ OFFER BELOW IS CHECKED. □ SEE ADDENDUM 

19. 20. 21 . 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTllY UNIT UNIT PRICE AMOUNT 

' 

-

See Schedule 

. , ;. 

25. ACCOUNTlNG AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 

$2,232,000.00 

□ 27a. SOUCITAT10N INCQRPORATl:SBY REFERENCE FAR 52.212•1, 52..212◄. FAA 52.212-3 ANO 52:.212-SAAE ATTACHED, ADOENDA □ ARE □ ARE NOT ATTACHED. 

(8) 27b. CONTRACT/PURCHASE ORDER INCORPORATES SY REFERENCE FAR 52212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ~ ARE □ ARE NOT ATTACHED. 

(8) 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 (8] 29. AWARD OF CONTRACT: REF. E-. OFFER 

. COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND --

DELlVER ALL ITEMS SET FORTH OR OTHERWISE- IDENTIFIED ABOVE AND ON ANY 

ADDITIONALSHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 

DATED 2015-JUll-04 • YOUR OFFER ON SOLICITATION (BLOCK 5), 

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , 

HEREIN IS ACCEPTED AS TO ITEMS:Allocatlon #-201502-ARS 

31 b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DA TE SIGf'!ED 

2015JUV ~7 

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE 

~cu-U\ \-\ ow as d 

STANDARD FORM 1449 tREV. 212012) 

Prescribed by GSA - FAR (4SCFR) 53.212 
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

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

□ □ □ 

□ □ □ □ □ 

I 
 

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Form

Bio-Degradable Trash Bags

SCHEDULE OF SUPPLIES

Block 11. Delivery is FOB Destination. Inspection is at Destination for identity, condition and quantity. Acceptance is at Destination 

upon execution of DD form 250 by the Authorized Government Representative. 

___________________________________________________________________________________________

Block 15. The bio-degradable trash bags shall be delivered to the following F.O.B. Destination:

W62G2T

W1BG DLA Distribution

25600 S Chrisman Road

Rec Warehouse 57

Tracy, CA 95304-5000

Please note: appointments must be scheduled prior to making all deliveries (call 209-839-5028, 24 hours prior to delivery to schedule 

appointments).

___________________________________________________________________________________________

Block 17a. Envision, in the performance of this contract, intends to use the following location/plant as the place of performance:

Envision, Inc.

2301 S. Water

Wichita, KS 67213-4819

___________________________________________________________________________________________

Blocks 19 – 24 & 26. This contract is a Firm-Fixed Price, Indefinite Quantity 5-Year Tiered Contract under which the contractor shall 

function as the supplier for the bio-degradable trash bags. The item description is as follows:

Line Item NSN Item Description & Specifications

0001 8105-01-521-6616 Bag, Plastic, Linear Low Density Polyethylene, Heavy Duty, Quality 34

Gallon Bag, Plastic, Linear Low Density Polyethylene, Heavy Duty,

Quality 34 Gallon Bag with Good Puncture and Tear Resistance. 

Translucent natural color, 32” x 44” features closure ties, 1.25 mil

gauge, 75 pound load capacity for dry and wet loads. Bags shall meet 

degradable requirements of ASTM D3826-98.

Markings of Unit Loads

For shipments to Department of Defense (DoD) Depots, all unit loads shall be clearly marked with the following information on two 

adjacent sides of the load with the largest characters possible as follows:

Unitized Ration Component

National Stock Number

Item Name

Date of Pack and/or Lot Number

Number of Shipping Containers per Pallet

Gross weight and cube; include the weight and dimensions of the pallet or load base.

Contract Number

Contractor’s Name and Address

Note: If labels are used, they shall be permanently affixed with water-resistant adhesive tape. Shipments without the appropriate Unit 

Load Markings will be rejected and returned to origin, or at the Contracting Officers discretion, reworked at a labor rate determined by 

the destination activity (not DLA Troop Support).

Unitization

Unit loads shall have the shipping containers arranged on a 40 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 other 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 

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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 

shall not exceed 50 inches in height. 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.

Government Acceptance will be at Destination. This shall include but is not limited to the following:

1. All shipments must be accompanied by an accurate DD250, and all other pertinent invoices as required.

2. All unit loads must be marked in accordance with DLA Troop Support Form 3556, Marking Instructions For Boxes, Sacks, and Unit 

Loads of Perishable and Semi-perishable Subsistence.

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

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 shipments(s) being rejected and return to origin, or at the 

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

A valid complaint regarding product serviceability received during this procurement may be used as a factor for the Contracting Officer 

determining the responsibility of the contractor as a supplier on future procurements.

The contractor shall take action to correct or replace nonconforming supplies.

The government shall perform an inspection at destination for identity, condition and quantity. If there is evidence that the supplies do 

not conform to contract requirements, the inspector shall report the findings of his inspection to the appropriate DLA Troop Support 

office (Operational Rations Division, Food Services Division, Produce Division, Food Safety Office, etc.). The applicable DLA Troop 

Support office shall report the findings to the contracting officer or the ordering officer, who shall in turn notify the contractor.

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

is found in or on product, packaging, packing or unitization.

Particular Inspection Requirements:

 (1) Primary Containers: Examination of primary containers for external condition and labeling shall be in accordance with the 

U.S. standards for condition of food containers, except that when requirements are contained in the specification, examination shall be 

performed in accordance with that specification. When additional requirements are specified in the specification, examination for these 

requirements shall be in accordance with the specification.

 (2) Unit Loads: Examination of unit loads shall be in accordance with DLA Troop Support Form 3507 of April 2014, entitled 

Loads, Unit: Preparation of Semi-perishable Subsistence Items.

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

Evaluation -- Palletized Shipments 

Contracts under this solicitation will require that each shipment be palletized. Railroad cars and trucks cannot be fully loaded with 

pallets as with un-palletized cases. Free on board (f.o.b.) destination offerors should consider this in determining the transportation cost 

to be included in their price. The Government will also consider this in determining the transportation costs to be used in evaluation of 

f.o.b. origin offers. For this purpose, each item will be divided into individual shipment quantities which probably offer the most 

advantageous overall transportation pattern for the Government considering weight, anticipated rates and rail car capacities. All offers 

will be evaluated to achieve the lowest possible overall cost to the Government. It is possible because of palletizing that a portion of 

some otherwise low offer will not be accepted because the quantity will not be sufficient to be shipped advantageously.

Contract Duration, Ordering, Quantities, Unit Prices and Amounts

This contract contains Five (5) 12-Month Tier Periods:

Tier 1 effective period is from July 27, 2015 through July 26, 2016

Tier 2 effective period is from July 27, 2016 through July 26, 2017

Tier 3 effective period is from July 27, 2017 through July 26, 2018

Tier 4 effective period is from July 27, 2018 through July 26, 2019

Tier 5 effective period is from July 27, 2019 through July 26, 2020

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For Tier 1 of the contract, the ordering period shall commence on the date of the award and shall continue for one calendar year 

thereafter. Production Lead-Time is 30 days for the bio-degradable trash bags. The quantities and unit prices for the duration of the 

contract are as follows:

Item NSN Estimated 

Annual 

Quantity

Contract 

Minimum 

Quantity

Contract 

Maximum 

Quantity

Bio-Degradable Trash Bags 8105-01-521-6616 75,000 PG 150,000 PG 1,500,000 PG

Rounding Off of Offer and Award Prices

In lieu of five decimal places, unit prices shall be limited to a maximum of two decimal places. For evaluation and award purposes, 

offerors containing a unit price of more than two decimal places shall be rounded off to two decimal places.

Line Item Item Description Tier 1

Unit Price

0001 Bio-Degradable Trash Bags $1.40

*Unit Prices will be negotiated at time of award for each Tier.

Tier 2 Unit Price: *to be negotiated executed via modification

Tier 3 Unit Price: *to be negotiated executed via modification

Tier 4 Unit Price: *to be negotiated executed via modification

Tier 5 Unit Price: *to be negotiated executed via modification

Tier 1 Estimated $ Value: $105,000.00 

Contract Minimum $ Value: $223,200.00

Contract Maximum $ Value: $2,232,000.00

___________________________________________________________________________________________

Block 27b.

Addendum to 52.212-4:

1. Paragraph (a), Inspection/Acceptance, is revised to add the following:

(a) Inspection is at destination for identity, condition and quantity. Acceptance is at destination.

 

2. Paragraph (c), Changes.

(1) In addition to bilateral changes, the Contracting Officer, at his/her discretion, may unilaterally invoke any of the contingency 

options set forth in this contract.

(2) 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.

(3) 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.

(4) 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.

(5) 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 (d), Disputes, is revised to add the following:

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52.233-9001 Disputes - Agreement to Use Alternative Dispute Resolution (ADR) (Nov 2011) 

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

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

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

resolving the dispute. 

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

rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-

1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR 

Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the 

Contracting Officer before determining ADR to be inappropriate. 

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

4. Paragraph (m), Termination for Cause.

 Delete paragraph (m) in its entirety and substitute 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 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.

5. Paragraph (o), Warranty, the following clause will supersede FAR 52.212-4(o) referenced in this solicitation. 

Warranty of Supplies (Commercial Items)

(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. The 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.

I 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 45 days after discovery of the defect from receipt of supplies at destination or, in the 

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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 re-inspection and regardless of whether such supplies have been issued or consumed, provided (1) the supplies 

from which the samples were drawn are reasonably representative of the quantity on which warranty action is proposed, 

and (2) the defects found in the sample size are sufficient to reject the quantity of supplies on which warranty action is 

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

need not be reconstituted, nor shall the Contracting Officer be required to use the same lot size as on original inspection. 

Within a reasonable time after the notice, the Contracting Officer may exercise one or more of the following options; and 

also, following the exercise of any option, may unilaterally change it to one or more of the other options set forth below:

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

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

supplies to the Contractor for correction or replacement;

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

contiguous 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 re-procure 

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 I(2)(iii) or I(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.

6. Paragraph (r), Compliance with laws unique to Government contracts, is revised to include the following:

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 The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain 

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards 

Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 

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.

7. Paragraph (t), System for Award Management.

 Add the following paragraph:

 (a) Definitions.

 “System for Award Management (SAM) database” means the primary Government repository for contractor information 

required for the conduct of business with the Government.

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

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

entity; or

 (2) 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 System for Award Management database” means that—

 (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and 

Contractor and Government Entity (CAGE) code into the SAM database;

 (2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact 

sections of the registration in the SAM database; 

 (3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number 

(TIN) with the Internal Revenue Service. The Contractor will be required to provide consent for TIN validation to the Government as 

part of the SAM registration process; and

 (4) The Government has marked the record “Active”.

(End of Addendum)

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full 

text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may 

include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those 

provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or 

offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: http://farsite.hill.af.mil/Vffar1.htm

DFARS: http://farsite.hill.af.mil/vfdfar1.htm

DLAD: http://farsite.hill.af.mil/VFDLAD1.htm

The following additional provisions are incorporated by reference:

PROVISION 

NUMBER

TITLE/DATE

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

Certification (DEC 2012)

52.227-1 Authorization and Consent (Dec 2007) FAR

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec. 2007) FAR

52.233-9000 Agency Protests (NOV 2011)

52.246-9023 General Inspection Requirements - DLA Troop Support - Subsistence (Nov 2011)

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52.246-9024 Alternative Inspection Requirements for Selected Items– DLA Troop Support - Subsistence (Nov 2011)

52.246-9025 Reinspection of Nonconforming Supplies – DLA Troop Support - Subsistence (Nov 2011)

52.246-9039 Removal of Government Identification from Non-Accepted Supplies (Nov 2011)

52.246-9044 Sanitary Conditions (Apr 2014)

Part 12 Clauses

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) DFARS

 

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

 

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

****

(b) The permissible variation shall be limited to: 

0% Percent increase 

0% Percent decrease 

This increase or decrease shall apply to each line item .

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEC 2014) FAR

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

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

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

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

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

exercise its post-acceptance rights—

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

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

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

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

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

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

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

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

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

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

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

the contract. 

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

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

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

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

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

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

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

occurrence. 

(g) Invoice. 

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

contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor; 

(ii) Invoice date and number; 

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

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

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

lading; 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

proceedings. 

(i) Payment.—

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

set forth in this contract. 

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

payment regulations at 5 CFR Part 1315. 

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

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

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

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

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

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

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

the—

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

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

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

(D) Contractor point of contact. 

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

(6) Interest. 

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

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

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

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

by the Secretary until the amount is paid. 

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

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

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

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

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

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

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

same due date as the original demand for payment. 

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

(A) The date fixed under this contract. 

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

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

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

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

credit against the contract debt; or 

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

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

Acquisition Regulation in effect on the date of this contract. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

termination shall be deemed a termination for convenience. 

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

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

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

purpose described in this contract. 

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

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

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

regulations applicable to its performance under this contract. 

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

on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, 

et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. 

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

order: 

(1) The schedule of supplies/services. 

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

paragraphs of this clause. 

(3) The clause at 52.212-5. 

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

(5) Solicitation provisions if this is a solicitation. 

(6) Other paragraphs of this clause. 

(7) The Standard Form 1449. 

(8) Other documents, exhibits, and attachments. 

(9) The specification. 

(t) Central Contractor Registration (CCR). 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

COMMERCIAL ITEMS (APR 2015) 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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 

[ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). 

(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) (Pub. L.108-77, 108-78).

(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., 253g 

and 10 U.S.C. 2402). 

[ X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 

note)).

[ ] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 

of Pub. L. 111-5).

[ ] (4) 52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (JUL 2013) (Pub. L.109-282) (31 U.S.C. 

6101 note).

[ ] (5) 52.204-11, American Recovery and Reinvestment Act – Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[ ] (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contactors Debarred, Suspended, or Proposed for 

Debarment (AUG 2013) (31 U.S.C . 610 note ). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition 

of commercially available off-the shelf items). 

[ ] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ ] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-

74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub, L. 

110-161).

[ ] (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). 

[ X ] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to 

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

[ ] (11) [Reserved] 

[ ] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). 

[ ] (ii) Alternate I (NOV 2011) 

[ ] ( iii) Alternate II (NOV 2011) 

[ ] (13)(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. 

[ X ] (14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)). 

[ X ] (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)). 

[ ] (ii) Alternate I (OCT 2001) of 52.219-9. 

[ X ] (iii) Alternate II (OCT 2001) of 52.219-9. 

[ ] (iv) Alternate III (JUL 2010) of 52.219-9.

[ ] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r )).

[ ] (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). 

[ ] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). 

[ ] (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) 

(if the offeror elects to waive the adjustment, it shall so indicate in its offer). 

[ ] (ii) Alternate I (JUNE 2003) of 52.219-23. 

[ ] (20) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 

103-355, section 7102, and 10 U.S.C. 2323). 

[ ] (21) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (OCT 2000) (Pub. L. 03-355, 

section 7102, and 10 U.S.C. 2323). 

[ ] (22) 52.219- 27, Notice of Total Service-Disabled Veteran-Owned Small Business Set -Aside (NOV 2011) (15 U.S.C. 657f). 

[ ] (23) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)). 

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[ ] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 

2013).

[ ] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 

2013).

[ X ] (26) 52.222-3, Convict Labor (JUNE 2003) (E.O.11755). 

[ X ] (27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (DEC 2013) (E.O. 13126). 

[ X ] (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). 

[ X ] (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O.11246). 

[ X ] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[ X ] (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010 ) (29 U.S.C. 793). 

[ X ] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). 

[ ] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) . 

[ ] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 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-theshelf items). 

[ ] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). 

[ ] (37)(i) 52.223-16, EEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). 

[ ] (ii) Alternate I (DEC 2007) of 52.223-16. 

[ ] (38) 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

[ ] (39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d). 

[ ] (40)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3. 

[ ] (iii) Alternate II (MAR 2012) of 52.225-3. 

[ ] (iv) Alternate III (MAR 2012) of 52.225-3. 

[ ] (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note) . 

[ X ] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s , proclamations, and statutes administered by the 

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

[ ] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). 

[ ] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). 

[ ] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 

[ ] (46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 

[ X ] (47) 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) (31 U.S.C. 3332). 

[ ] (48) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). 

[ ] (49) 52.232-36, Payment by Third Party (JUL 2013 ) (31 U.S.C. 3332). 

[ ] (50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). 

[ ] (51)(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) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.). 

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (SEP 

2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U .S.C. 

351, et seq.). 

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance Calibration, or Repair of Certain 

Equipment—Requirements (NOV 2007) (41 351, et s eq.). 

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) 

(41 U.S.C. 351, et seq.). 

[ ] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.110-247). 

[ ] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112(p)(1 )). 

(d) Comptroller General Examination of Record. The Contract or 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. 

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(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 Contract or 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 (APR 2010) (Pub. L.110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 unities. 

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). 

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). 

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). 

(vii) 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.

(viii) 52.222-41, Service Contract Act of 965 (NOV 2007) (41 U.S.C. 351, et seq.). 

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). 

[ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). 

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain 

Equipment-Requirements (NOV 2007) (41 U .S.C. 351, et seq.). 

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -Requirements (FEB 2009) (41 

U.S.C. 351, et seq.). 

(xii) 52.222-54, Employment Eligibility Verification (AUG 2013). 

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.110-247). Flow down required in 

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

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 241(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) 

52.216-18 ORDERING (OCT 1985) FAR

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the 

individuals or activities designated in the Schedule. Such orders may be issued from July 27, 2015 through July 26, 2020 [insert dates]. 

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

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be 

issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 

(End of clause) 

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 Pallet, the 

Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 1,500,000 PG ; 

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

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in paragraph 

(b)(1) or (2) of this section. 

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

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

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

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

limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written 

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

Government may acquire the supplies or services from another source. 

(End of clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The 

quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. 

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor 

shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity 

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

the Schedule as the “minimum.” 

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

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

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

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

with respect to that order to the same extent as if the order were completed during the contract’s effective period ; provided, that the 

Contractor shall not be required to make any deliveries under this contract after July 26, 2021 

(End of clause)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) DFARS

 

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

 

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

 

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) FAR

 

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR

 

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

 

52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

 

52.247-9034 POINT OF CONTACT FOR TRANSPORTATION INSTRUCTIONS (JUN 2013) DLAD

 

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