SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

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

1. REQUISITION NUMBER

1000077423

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE3S1-19-Q-0005

6. SOLICITATION ISSUE 

 DATE

2019 JUN 07

a. NAME

MATTHEW DEPETRIS DMD0067

b. TELEPHONE NUMBER (No Collect

 calls)

Phone: 215-737-2159

8. OFFER DUE DATE/ 

LOCAL TIME

2019 JUN 26

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

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

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311919

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

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 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

See Schedule

 

 

 

 

 

 

 

 

 

 

 

 

 

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 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

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 

 

DATED . YOUR OFFER ON SOLICITATION 

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

1

SEE SCHEDULE

7. FOR SOLICITATION 

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

PAGE 1 OF 65
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

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

19. 

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE 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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 65 PAGES

SPE3S1-19-Q-0005

CONTINUED ON NEXT PAGE

Part 12 Clauses

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

Continuation of Blocks from SF 1449 

 

1. Block 8

 Offer Due Date/Local Time: June 26, 2019, 3:00 PM Eastern Time

2. Block 9

 

 › Address and Submit “mailed” offers to: 

 Defense Logistics Agency

 Troop Support 

 Post Office Box 56667 

 Philadelphia, PA 19111-6667 

 Solicitation Number: SPE3S1-19-Q-0005

 Opening/Closing Date and Time: June 7, 2019 / June 26, 2019, 3:00 PM Eastern Time

 › Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

 DLA Troop Support

 Business Opportunities Office 

 Bldg. 36, 2nd Floor, Room 2035 

 700 Robbins Avenue 

 Philadelphia, PA 19111-5092 

 Solicitation Number: SPE3S1-19-Q-0005

 Opening/Closing Date and Time: June 7, 2019 / June 26, 2019, 3:00 PM Eastern Time

Notes: 1. All hand carried offers are to be delivered to the Business Opportunities Office

 between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal 

 federal holidays as set forth in 5 USC 6103. Offerors using a commercial 

 carrier service must ensure that the carrier service “hand carries” the package 

 to the Business Opportunities Office specified above for hand carried offers 

 prior to the scheduled opening/closing time. Package must be plainly marked 

 ON THE OUTSIDE OF THE COMMERCIAL CARRIER'S ENVELOPE with 

 the solicitation number, date, and time set forth for receipt of offers as indicated 

 in Block 8 of the Standard Form 1449. 

 2. Examples of “hand carried” offers include: In-person delivery by contractor, 

 Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express 

 Mail, and USPS Certified Mail. 

 › Transmit “facsimile” offers (if authorized; see “Addendum” to 52.212-1(b)) or offer

modifications/withdrawals to: (215) 737-9300, 9301, 9302 or 9303

 Offers submitted to any other facsimile number shall not be considered for award. 

 

3. Block 17a

 › Offeror's assigned Unique Entity Identifier Number: _______________ 

 

 (If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 

52.212-1, Instructions to Offerors --Commercial Items (paragraph j) for information on establishing a unique entity identifier.) 

 › Offeror's assigned Contractor and Government Entity (CAGE) Code:__________________

 

4. Block 17b

 Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

 ________________________________ 

 ________________________________ 

 ________________________________ 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

5. Blocks 19-22

 Item No., Schedule of Supplies/Services, Quantity, Unit: 

 

 CLIN 0001

 NSN: 8925-01-675-9077

 Nomenclature: Cashew Halves (Splits) 

 Quantities: Minimum: 3,360 Bags 

 Estimated: 40,320 Bags 

 Maximum: 80,640 Bags 

 

Item Description 

CASHEW HALVES (SPLITS); 

NSN: 8925-01-675-9077 INCLUDES EVENLY DISTRIBUTED COATING OF FINE DUSTING OF JALAPENO FLAVOR; 

19GM PKG 

Specification: CID A-A-20164D, TYPE VI, Size 2, Style C (UNITIZED GROUP RATIONS ONLY)

 

 Est. Annual Qty. Unit of Unit Price Total Estimated 

 Issue Dollar Value 

 

Tier 1 13,440 Bag of 50 $_________ $_______________

 

Tier 2 13,440 Bag of 50 $_________ $_______________

 

Tier 3 13,440 Bag of 50 $_________ $_______________

 

Total Contract Estimate for all 3 Tiers $_________________

 

 

CLIN 0002

 NSN: 8940-01-675-9085

 Nomenclature: Beef Snacks, Teriyaki 

 Quantities: Minimum: 3,360 Bags 

 Estimated: 40,320 Bags 

 Maximum: 80,640 Bags 

 

Item Description 

BEEF SNACK, FERMENTED, CHOPPED AND FORMED STICKS, TERIYAKI, SHELF STABLE 

NSN: 8940-01-675-9085, 27 GM FLEX PG 

Specification: CID A-A-20298C, VARIETY A, FLAVOR B, TYPE IV, STYLE A, AND CLASS 2, FLAVOR B (UNITIZED 

GROUP RATIONS ONLY)

 

 Est. Annual Qty. Unit of Unit Price Total Estimated 

 Issue Dollar Value 

 

Tier 1 13,440 Bag of 25 $_________ $_______________

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

Tier 2 13,440 Bag of 25 $_________ $_______________

 

Tier 3 13,440 Bag of 25 $_________ $_______________

 

Total Contract Estimate for all 3 Tiers $_________________

CLIN 0003

 NSN: 8920-01-675-9070

 Nomenclature: Toaster Pastry, Chocolate Chip 

 Quantities: Minimum: 8,640 Bags 

 Estimated: 103,680 Bags 

 Maximum: 207,560 Bags 

 

Item Description 

TOASTER PASTRY CHOC CHIP, FROSTED 

NSN: 8920-01-675-9070, 1.6-2.2 OZ IND SERV PG, 

Specification: CID A-A-20211C,TYPE 1, STYLE B, FLAVOR 12, FORTIFICATION B, SHAPE I, SERVINGS (A) 

PACKAGE C, GRAIN COMP (1), AND FROSTING OPTION C, (UNITIZED GROUP RATIONS ONLY)

 

 Est. Annual Qty. Unit of Unit Price Total Estimated 

 Issue Dollar Value 

 

Tier 1 34,560 Bag of 50 $_________ $_______________

 

Tier 2 34,560 Bag of 50 $_________ $_______________

 

Tier 3 34,560 Bag of 50 $_________ $_______________

 

Total Contract Estimate for all 3 Tiers $_________________

 

 

All prices offered must be F.O.B. Destination. Prices must include freight to the following destination: 

 

Defense Depot Tracy 

W62G2T 

W1BG DLA DISTRIBUTION 

25600 S. CHRISMAN ROAD 

WAREHOUSE No. 30, Section 2 - UGR 

TRACY, CA 95376-5000 US 

 

Unit prices shall be formatted using no more than two decimal places. Ex: $XX.XX 

 

 

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012) 

 

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

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

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

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

corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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

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

law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation 

of the False Claims Act. (31 U.S.C. 3729-3733) 

 

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

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

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

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

bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 

3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business 

ethics and conduct to the contracting officer upon request by the contracting officer. 

 

CAUTION - SOLICITATION SUBMISSION REQUIREMENTS 

 

 

1. Sign Standard Form 1449 blocks 30a-c, complete all applicable fill-ins detailed below, and return the entire solicitation with 

the offer. 

 A. Fill in “Continuation of Blocks from SF 1449” section 

 B. Fill in Provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items 

 C. Fill in Provision FAR 52.215-6 Place of Performance 

2. Past performance information, 

3. Product Demonstration Models, 

4. Food Defense Checklist 

5. Food Defense Plan 

 

CAUTION NOTICE 

 

1. The Berry Amendment shall be the applicable sourcing restriction. 

 

2. The Government may utilize a Reverse Auction per DLAD Procurement note L09 Reversion Auction (OCT 2016). 

 

3. Effective Contract Period: 

 

The resulting contract will be Three (3) Years, consisting of Three (3) 12-Month Tier Periods. Acceptance of each of the three 

tiers is mandatory. Failure to indicate acceptance of each tier by annotating the offeror's unit prices for listed item for tiers 1, 

2, and 3 as described in the Schedule of Supplies Blocks 19-24, may be deemed as non-acceptance of the terms and 

conditions. Offer on all tiers is mandatory. Failure to offer on all tiers may be deemed as non-acceptance of the tiers and 

could result in rejection of the offeror's entire proposal. Tier 2 will follow Tier 1 upon expiration of that period. Tier 3 will 

follow Tier 2 upon expiration of that period. 

 

Tier periods shall follow the following schedule. 

Tier 1: Date of award through 365 days 

Tier 2: Day 366 through day 731 

Tier 3: Day 732 through day 1097 

 

 See FAR clause 52.216-22, Indefinite Quantity and DFAR clause 252.216-7006, Ordering for delivery periods and ordering. 

 

4. See clause 52.216-19 -DELIVERY ORDER LIMITATIONS - for individual delivery order quantities. COMPLETE 

DELIVERY INSTRUCTIONS WILL BE PROVIDED WITH EACH DELIVERY ORDER. 

 

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

ACQUISITION DETAILS 

 

1. DLA Troop Support intends to award by line item resulting in an Indefinite Delivery Purchase Order (IDPO) with the purpose 

of obtaining the three items to be used in the Unitized Group Ration - Heat & Serve and UGR-M Programs. The resulting award 

shall be a Fixed-Price IDPO, in accordance with reference DGPA 13.390. The resulting award will be a 3-year contract. The 

effective period will be the date of award through 1,095 days. NOTE: Deliveries might fall outside of the effective period. 

 

Low Price Technically Acceptable (LPTA) procedures will be used for this acquisition. The Government intends to award to the 

responsible offeror that adheres to the solicitation requirements, provides a technically acceptable Product Demonstration Model 

(PDM), and offers the lowest price. 

 

The Government will award an IDPO resulting from this solicitation to the responsible offeror whose offer conforming to the 

solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be 

used to evaluate offers: 

 

 (i) Technical capability of the item offered to meet the Government requirement; 

 (ii) Price; 

 (iii) Past performance (see FAR 15.304); 

 

Upon the closing of the solicitation, the Government reserves the right to conduct negotiations concerning price and/or the 

technical proposal. 

 

Note: Offerors must meet all terms, conditions, and requirements of this solicitation. 

 

2. Contracting Authority 

 

 A. DLA Troop Support Contracting Officer is the ONLY person authorized to approve changes to, or modify any requirement 

of the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely with the DLA 

Troop Support Contracting Officer. 

 

 B. In the event the vendor effects any change at the direction of any person other than the DLA 

Troop Support Contracting Officer, the change will be considered to have been made without authority and no adjustments will 

be made to cover any costs associated with such change. 

 

TECHNICAL/QUALITY DATA 

 

I. Product Demonstration Model (PDM) Information: 

Product Demonstration Model (PDM): The Government requires Product Demonstration Models (PDMs) for each 

item while the solicitation is open. The PDMs must be received no later than the time set for closing of offers. Offers 

will be evaluated to determine compliance with all characteristics listed for evaluation in FAR 52.212-2 herein. 

Failure to furnish this information and PDMs by the time specified in the solicitation may be cause for rejection of the 

proposal. The offer may be rejected under the late offer clause or may be rejected because additional submissions 

will be tantamount to a submission of a new offer. A cover letter may accompany the offer to set forth any 

information you wish to bring to the attention of the Government. 

Solicitation Provisions:

Product Demonstration Models (PDMs) are to be submitted at no expense to the Government and must be received 

prior to the time set for closing of offers. PDMs will become the property of the Government and will not be returned 

to the offeror. Failure to submit PDMs may result in rejection of an offer. 

a. The PDM is the standard to which all production under any contract resulting from this solicitation must 

conform. Offerors are cautioned that samples produced in test facilities may not be comparable to the 

product produced on a production line, which result in rejection of the product. Also major changes in 

production methodology or packaging, such as implementation of new technology, may result in production 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

that does not meet the production standard, which would require the submission and evaluation of new 

PDMs. Should the contractor at any time plan to, or actually produce the product using different raw material 

or process methodologies from the approved Product Standard, which result in a product non-comparable to 

the Product Standard, the contractor shall arrange for a Replacement PDM approval. In any event, all 

product produced must meet all requirements of this document including Product Standard comparability. 

b. The Government will evaluate the PDMs for compliance with the item descriptions and product specifications 

and will also evaluate the sensory attributes of the food product to include appearance, odor, flavor and 

texture using the recognized 9-point quality rating scale to determine product quality. PDMs must conform to 

all specification/production description characteristics. Failure of models to conform to the specification may 

result in rejection of offer. Product offered shall conform to all packaging, labeling, and packing requirements 

as well as analytical requirements. The government shall not accept product from any resultant contract 

which does not conform to all requirements. 

c. Vendors shall have one opportunity to correct any deficiencies found during the evaluation of PDMs submitted as part of 

the initial proposal and have their PDM pass evaluation. Vendors are advised that if they have any unacceptable PDMs 

after the second evaluation, their proposal will be determined to be technically unacceptable and they will not be 

considered for award. The Government shall require each PDM to be rated as “Acceptable”. Revised or alternate PDMs 

submitted during negotiations shall be evaluated for the same criteria detailed above. 

d. PDMs shall be submitted as follows: 

A total of 30 samples of PDM items shall be submitted as stated below: 

i. A total of 12 PDMs shall be sent to: 

 

Department of the Army 

U.S. ARMY COMBAT CAPABILITIES 

DEVELOPMENT COMMAND - SOLDIER CENTER 

Natick Soldier Systems Center 

10 General Greene Avenue 

Natick, MA 01760 

Lab # 508-233-5653 

Jill.M.Bates@us.army.mil 

 

Note: The end or side of the box should have a sticker, or be printed on the box, with the 

following information:

Product Demonstration Model Sample 

Solicitation Number 

Product Identity 

Lot # 

Company Name and Address 

Point of Contact Name and Phone Number 

 

Inside the case, along with the samples, should be the required paperwork, fully identifying the 

product, solicitation number, contract number (if applicable), whether the item is an Initial, 

Replenishment, or Replacement PDM, USDA certification, any test results available, or any 

other information to assist in identifying the product and conducting the evaluation. 

 

Offerors may direct proposed subcontractors to submit PDM samples directly to Natick on their 

behalf. In those instances, the offeror will send written notification of subcontractor 

submissions to Natick and such PDMs must be clearly labeled for which offeror they are being 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

submitted. This documentation must also be part of their proposal. PDMs will not be evaluated 

until written notification from the offeror is received. This consideration does not relieve the 

offeror of the full responsibility for submitting all PDMs in a timely manner. Late submissions of 

PDMs may be the basis for rejection of the proposal. 

 

The Offeror shall provide a complete list of its PDMs submitted, with its technical proposal, to 

include: item, source of supply name and address, and item lot number. Note: Offerors may 

submit PDMs to Natick for evaluation any time after solicitation issuance. However, PDM 

Samples and documentation must be submitted by the deadline for receipt of proposals to the 

Business Opportunities Office (BOO) at DLA TROOP SUPPORT with the aforementioned 

supplier and lot number information. 

 

ii. A total of 16 PDMs shall be sent to the cognizant in-plant Government inspector. In this instance, 

the offeror shall advise the Government inspector after production of the PDMs and shall 

obtain a signed statement from the inspector confirming possession of the samples and 

identifying the samples as from the same production lot as those submitted to Natick. The 

offeror shall submit this statement(s) with this balance of PDM samples submitted to DLA 

Troop Support. 

 

iii. The remaining 2 PDMs of the same product lot code as those submitted to Natick and the USDA 

government inspector shall be mailed along with your technical proposal to the address 

indicated on Block 9 at DLA Troop Support (attn. Jasmine Brown) on the first page of the 

solicitation. Coordinate sample submission with the Contracting Officer prior to submittal to 

DLA Troop Support- Subsistence. 

 

iv. PLEASE NOTE: This requirement is waived for any offeror who has submitted and received an 

acceptable rating on a PDM or FA from Natick, in the 12 months prior to the solicitation close 

date. Please provide documentation from Natick of the passing PDM score. 

 

v. Late submissions of PDMs may be the basis for rejection of the proposal. 

 

vi. The PDMs required in this part of the solicitation, which are submitted to Natick, must have any 

required analytical results included as part of the offer for this technical evaluation factor. The 

analyticals are to be self-certified or certified by the USDA (i.e., testing of official USDA 

samples by a USDA/AMS laboratory) for current suppliers of these items and self-certified by 

other potential offerors. Failure to submit the required certified analyticals with PDMs may 

result in the proposal not being considered for award. The offeror should include applicable 

documentation to establish that the product has been processed to meet commercial sterility 

requirements. e.g.: including incubation sample results. 

 

 

e. Every 12 months, the Government Quality Assurance Representative (GQAR) will randomly select 12

replenishment samples for Natick and 16 replenishment samples for the government's supply at origin from a 

lot accepted by the government for all contractual requirements. The contractor will be responsible for 

shipment to Natick. This replenishment may occur earlier if necessary to ensure an adequate supply of PDM 

samples. The contractor will also use samples from this same lot as the production standard. 

 

i. Replenishment PDMs are defined as product samples used to reestablish the product standard due to depleting 

the current PDM stocks or as required by schedule. Replenishment PDMs will be evaluated for 

appearance, odor, flavor and texture, must be equal to or better than the existing product standard for all 

characteristics, and must meet the requirements for those characteristics in the appropriate product 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

technical requirements document or specification(s). Upon acceptance the replenishment PDM will 

become the new product standard.

ii. If a Replenishment PDM is rejected by Natick, the next conforming production lot will be submitted by 

USDA as a Resubmittal PDM Replenishment. This follow-up Resubmittal PDM Replenishment and 

any subsequent Resubmittal lots cannot be shipped by the manufacturer without an acceptable 

evaluation result from Natick. 

iii. The cut-off date for PDM Replenishments will be 18 months. After 18 months, USDA will submit a PDM 

sample to Natick as a Replacement PDM, following the PDM submittal process. The production lot that 

is used for the Replacement PDM submittal cannot be shipped by the manufacturer without an 

acceptable evaluation result from Natick. 

 

f. If the contractor wishes to establish a new standard, that new standard would be called a Replacement PDM. 

Replacement PDMs are defined as product samples that are non-comparable to the established PDM, e.g. due to 

different ingredients or process methodologies. Replacement PDMs are submitted by the contractor and follow the 

same submittal process as the initial PDM. At no time will there be two standards for the product. 

 

g. Periodic Review samples are required for all Polymeric Tray items. The following are the requirements and distribution 

of samples: The USDA Inspector shall select eight samples of each item produced during each month of Polymeric Tray 

production. The eight samples will be selected from four random sampling points in the lot and Natick will receive 

samples from each of those four sampling points. The remaining samples will be distributed to the USDA review 

locations. These samples shall be designated as Monthly Review Samples. The USDA Inspector will ship them 

monthly to the following locations at the contractor's expense: 

 

One sample of all items to the USDA, AMS, FV, SCI Division Review Locations (Washington, DC; Oshkosh, WI; 

South Bend, IN and Winter Haven, FL) 

AND 

Four samples of all items to: 

Department of the Army 

RDNS-SEC-EMR 

Natick Soldier Systems Center 

10 General Greene Avenue 

Natick, MA 01760 

 

h. In the event that an offeror's PDM was found technically acceptable, but not offered the award, the offeror may 

present the remainder of the PDM lot, to the Government for purchase at the awarded price. The 

Government retains the option to purchase the remainder of the lot at the order price. 

 

52.212- 2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) - FAR 

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to 

the solicitation will be most advantageous to the Government, price and meeting the requirements of the solicitation considered. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

The following shall be used to evaluate offers: 

(i) Price; DLA Troop Support will use Low Price Technically Acceptable procedures to evaluate all offers. The 

Government will evaluate each offeror's unit prices. Pricing will be evaluated for indefinite quantity to one destination. 

The indefinite quantities for this acquisition will be multiplied by the offered unit price to estimate the lowest overall 

aggregate cost to the Government.

 

(ii) technical capability of the item offered to meet the Government requirement; the Government requests PDMs and 

will evaluate the PDMs for compliance with the item descriptions and product specifications and will also evaluate the 

sensory attributes of the food product to include appearance, odor, flavor, and texture using the recognized 9-point 

quality rating scale to determine product quality. The PDMs will be evaluated by Natick and will be rated 

“ACCEPTABLE” if it meets the requirement of the item description and its Quality Scale result from Natick is equal or 

above 6. Approval or acceptance of a PDM shall not constitute a waiver of any specification requirement unless 

specifically stated by the Contracting Officer. The 12 acceptable PDMs will be used as production standards.

 

If negotiations are conducted, offerors having unacceptable PDMs (Quality Scale is lower than 6) will be given an 

opportunity to correct deficient PDMs. The final rating will be based on second submission (if negotiations are 

conducted) and it must be rated “ACCEPTABLE” otherwise the final proposal will be rejected. 

 

 (iii)Past performance (see FAR 15.304); 

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price 

for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly 

unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). 

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time 

for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's 

specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its 

receipt, unless a written notice of withdrawal is received before award. 

 

Addendum to 52.212-2: 

 

The following paragraph of 52.212-2 is amended as indicated below: 

1. Paragraph (b), Options, is hereby changed to read:

(b) Tier Periods. The Government will evaluate offers for award purposes by adding the total price of all Tiers for the Various 

Snack Items. The Government may determine that an offer is unacceptable if the Tier prices are significantly unbalanced. 

 

I. SECTION RESERVED 

II. 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. 

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

III. ITEM DESCRIPTION 

The below listed item descriptions include the required technical specification (i.e. Performance Contract Requirements (PCRs), 

Commercial Item Descriptions (CIDs), etc) for this acquisition. 

 

 

8925-01-675-9077 CASHEW HALVES (SPLITS); INCLUDES EVENLY DISTRIBUTED COATING OF FINE 

DUSTING OF JALAPENO FLAVOR; 19GM PKG CID A-A-20164D, TYPE VI, Size 2, Style C (UNITIZED 

GROUP RATIONS ONLY) 

 

8940-01-675-9085 BEEF SNACK,FERMENTED,CHOPPED AND FORMED STICKS,TERIYAKI,SHELF 

STABLE 27 GM FLEX PG, CID A-A-20298C, VARIETY A, FLAVOR B, TYPE IV, STYLE A, AND CLASS 2, 

FLAVOR B (UNITIZED GROUP RATIONS ONLY) 

 

8920-01-675-9070 TOASTER PASTRY CHOC CHIP, FROSTED, 1.6-2.2 OZ IND SERV PG, CID A-A-20211C,

TYPE 1, STYLE B, FLAVOR 12, FORTIFICATION B, SHAPE I, SERVINGS (A) PACKAGE C, GRAIN COMP 

(1), AND FROSTING OPTION C, (UNITIZED GROUP RATIONS ONLY) 

 

 

 

Copies of the required technical specifications (i.e.: Performance Contract Requirements (PCRs), Commercial Item Descriptions 

(CIDs), etc) may be obtained upon request from: 

 

Defense Logistics Agency 

DLA Troop Support 

Ms. Ramona Hemphill, Food Technologist 

ATTN: FTSC 

700 Robbins Avenue, Philadelphia, PA 19111-5092 

Telephone: (215-737-2986) 

e-mail: Ramona.Hemphill@dla.mil

 

Copies of the stated documents may also be obtained at the DLA Troop Support Subsistence Internet website located at http://

www.dla.mil/TroopSupport/Subsistence/Operationalrations/ugrhs/ugrptpcr/ugrpt14.aspx or http://www.dla.mil/TroopSupport/

Subsistence/OperationalRations/cids/

 

IV. TRACEABILITY 

 

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

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

codes shall be permanent and legible. 

 

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 (to include tim per case lot 

number shall be identified on the appropriate accompanying 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. 

 

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

V. 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, 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/
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

grading.htm. 

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

Inspection Directory” published by the USDA FSIS at http://apps.ams.usda.gov/plantbook/Query_Pages/PlantBook_Query.asp . 

All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the 

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

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S. Establishments 

Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, 

Facilities, and Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric 

Administration Fisheries (USDC, NOAA) (available at: seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on 

delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and address of the producing 

facility. 

(vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance rating of 90 

percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and 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. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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. 

VI. 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 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). 

 

VII. 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 

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

 

REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) 

WOOD PACKAGING MATERIAL (WPM) WILL BE USED TO MAKE SHIPMENTS UNDER THIS 

CONTRACT AND/OR WHEN WPM IS BEING ACQUIRED UNDER THIS CONTRACT. 

 

Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, 

plywood, particleboard, veneer, and oriented strand board (OSD). 

 

All Wood Packaging Material (WPM) used to make shipments under DoD contracts and/or acquired by DoD must meet 

requirements of International Standards for Phytosanitary Measures (ISPM) 15, "Guidelines for 

Regulating Wood Packaging Materials in International Trade." DoD shipments inside and outside of the United 

States must meet ISPM 15 whenever WPM is used to ship DoD cargo. 

 

All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in 

accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood 

Packaging Material Program and WPM Enforcement Regulations (see http://www.alsc.org/). 

 

All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an 

unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally 

opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or 

bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 

15 and be marked with an ASLC approved DUNNAGE stamp. 

 

Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point 

of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government. 

 

 

VIII. QUALITY ASSURANCE PROVISIONS INSPECTION/ACCEPTANCE 

 

The contractor must meet all characteristics specified herein. For product requiring contractor-paid USDA, only end-item 

inspection of the finished product for compliance with contract requirements shall be lot inspected by USDA, AMS, FV, PPB In 

addition, Government inspection shall also 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 an accurate DD-250, and all other pertinent invoices as required. 

2. All unit loads must be marked in accordance with DLA Troop Support Form 3556. 

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). 

 

QUALITY ASSURANCE PROVISIONS:

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

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

product characteristics, manufacturing procedures, quality control procedures, and storage and handling practices; has a national 

or regional distribution from storage facilities located within the United States, its territories, or possessions; and is sold on the 

commercial market. 

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

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

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

End item lots determined nonconforming may be reworked to correct or screen out the defective units. Rework shall only be 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

considered acceptable to the Government when the rework procedure has a reasonable probability of correcting the deficiency. 

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

initial rejection. 

The supplies or products furnished under the contract shall be produced in accordance with the provisions of 21 CFR, Part 110, 

“Current Good Manufacturing Practices in Manufacturing, Packing or Holding Human Food,” and all regulations referenced 

therein. 

IX. DATE OF PACK 

 

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

shipments of components/product from a producer to destination/assembly points shall not be older than 90 days at delivery. 

 

X. REWORK OF NONCONFORMING PRODUCT PRE OR POST ACCEPTANCE 

 

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

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

 

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

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

prior to the Government verification inspection do not require approval from the Government. Although the GQAR must be 

informed of all reworks, the contractor is not required to obtain approval to take corrective and preventive action as deemed 

necessary to ensure compliance with contractual requirements. For reworks requiring the Government's approval (as specified 

below), the contractor may submit a Standard Rework Procedure (SRP), for certain defects, under the contractor's documented 

QSP section XII - Corrective and Preventive Action Program. The SRPs must be specific and these must be evaluated by DLA 

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

 

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

rational information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. 

When a contractor determines as a result of his end item inspection(s) or QSP that supplies do not conform to contractual 

requirements and the supplies cannot be reworked (such as drained weight, viscosity, piece size, residual air, etc), he has the 

alternative to request the Contracting Officer for a waiver for the nonconforming requirement. If the Contracting Officer 

approves the waiver request for a specific requirement, the written waiver approval shall be provided to the GQAR when the 

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

shall inspect the supplies for compliance with all requirements of the contract, except the waived requirement. The Contracting 

Officer, in special circumstances, may request the GQAR to inspect for the non-conforming characteristics also, after the waiver 

for the nonconforming requirement has been provisionally approved, to determine severity of nonconformance only. Due to the 

type of statistical sampling cited in the contract, under no circumstances shall a lot found nonconforming by the contractor be 

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

the contractor's inspection. After any lot's failure or rework, if the lot is reinspected, it will be both Contractor and Government 

inspected at the next higher sample size; however, the accept/reject numbers used for the normal inspection will be used. 

 

 

B. The Following Reworks Must Be Coordinated With The Supervisory GQAR And Approved By The 

Applicable DLA Troop Support-FTR Office. 

 

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

 

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

container mix-ups must be approved by FTR. Thermal process deviations or deviations from the preparation, formulation or 

critical factors cited in the approved process schedule must be accompanied by a detailed letter from the plant's Processing 

Authority. The involved subcode(s), the deviation, and the disposition of the product shall be clearly identified when the 

complete lot is presented for Government end item verification inspection. If the producer fails to provide enough information/

data in the case of a deviation, the GQAR shall contact FTR for approval to proceed with the Government end item verification 

inspection. These requirements are in addition to applicable Code of Federal Regulations or other regulatory requirements 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

(USDA-FSIS, FDA). 

 

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

FTR, but does require USDA notification of the incident. However, foreign material discovered during the Contractor or 

GQAR/USDA end item inspection is cause for rejection of the lot. Rework requests that involve foreign material identified 

during end item inspections require approval from DLA Troop Support FTR before the rework activity can proceed. 

 

Note: A notification of nonconformance containing ineffective corrective actions, as identified by USDA, require DLA-TS 

attention and action 

 

 

“Retesting/re-inspection/rework of product that tested positive for food borne pathogens (salmonella, e. coli, etc.) is not 

authorized.” 

 

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

requirements cited in the specifications shall be submitted as a request for product deviation and must be approved and 

coordinated with the Specification Preparing Activity (Natick) through the applicable Contracting Officer.

 

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

item inspection (for critical container defects only) or Government final lot end item verification inspection, must be approved 

by FTR unless 100% primary container rework of the entire lot is conducted at source (Note: All second time reworks must be 

approved by the applicable FTR office). All containers exhibiting same or other container integrity defects must be removed 

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

as applicable, by the contractor at the location of the rework using the next larger sample size (for example, from 200 samples to 

315, or if a second rework, from 315 samples to 500 samples). Rework results must be included with other paperwork when the 

lot is presented for Government end item verification inspection.

 

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

 

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

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

applicable Contracting Officer, unless exempted under paragraph 3 above. 

 

 

C. Contractor's Quality History: 

 

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

end item verification inspection (receipt, in-process and contractor's end-item inspections) will be determined by the results of 

the end item verification inspection performed by the GQAR. Corrective actions taken to ensure compliance with the 

contractual requirements prior to the Government end item verification inspection will not be counted against the 

contractor's quality history. If product is found conforming during the Government end item verification inspection, the

corrective action will be determined to have been effective. However, all requests for waivers and product deviations will be 

counted. 

 

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

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

took a corrective action, the corrective action will be determined to have been ineffective. In addition to any action taken, the 

contractor must reevaluate their documented QSP and/or the implemented corrective and preventive action program by an 

internal audit and results must be submitted to DLA Troop Support-FTSB (Quality Systems Auditors). All corrective actions

(rework/screening inspections, etc.) taken by the contractor due to a Government end item verification inspection 

rejection will be documented in the contractor's quality history records.

 

NOTE: If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days from date of 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 20 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

initial rejection.

 

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

information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. See 

“Request for Rework, Request for Waiver, Request for Deviation, or Re-inspection of Nonconforming Supplies”. 

 

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

Nonconforming Supplies 

 

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

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

must be furnished, as appropriate to the Contracting Officer and cognizant Government QAR and shall at a minimum contain the 

following: 

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

Request for Rework for Residual Air for Apple Dessert) 

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

b. Approval Required from DLA: Yes or No 

c. Contractor Name/Address 

d. Contract Number 

e. Product Name 

f. National Stock Number 

g. Batch Number(s) (If Applicable) 

h. Sublot(s) (If Applicable) 

i. Lot Number(s) 

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

k. Quantity 

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

m. Sample Size; Defect; Accept/Reject 

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

o. Inspection Failure (Summary of non-conformances) 

p. Failure Identified: Processing, Packaging, End Item 

q. Inspector: In-plant/Contractor or USDA 

r. Date of Incident 

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

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

the incident) 

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

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

state why) 

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

occurrence) 

x. Estimated Cost 

y. Effect on Delivery 

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

 

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

rational information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. 

After any lot's failure or rework, if the lot is re-inspected, it will be both Contractor and Government inspected at the next higher 

sample size; however, the accept/reject numbers used for the normal inspection will be used.

 

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

PCO, the contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect the nonreworked lot after taking the corrective action, and evaluate the results of the initial inspection and the re-inspection by means of 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 21 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

recognized statistical methods. 

 

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

acceptability will be based on re-inspection results. A significant difference is one that is real and not due to chance variation. 

Statistically, a difference which has a 0.05 probability of occurring by chance alone is usually considered a significant 

difference. 

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

results will be reported to the Contracting Officer. 

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

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

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

when the requirement is a unit (attribute) requirement. 

 

 

XI. INTEGRATED PEST MANAGEMENT (IPM) and FOOD DEFENSE/PROTECTION PLAN 

 

A. INTEGRATED PEST MANAGEMENT 

 

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

of April 2011 are required and apply to all Operational Rations components. Each contractor is to have an IPM program in place 

prior to the initiation of production of Government product. The IPM plan and the associated pesticide labels and MSDS 

documents are not to be submitted to DLA Troop Support. The contractor shall have those documents available for on-site 

review during a Quality Systems Management Visit (QSMV) or Quality Systems Compliance Audit. In addition, evidence of an 

insect or rodent infestation, or contamination involving any end item will be cause for rejection of the involved lot. IPM program 

requirements can be found on the DLA Troop Support website at: https://www.dla.mil/Portals/104/Documents/TroopSupport/

Subsistence/FoodSafety/FoodQuality/TS_ipm-cpaf_171120.pdf

 

 

B. FOOD DEFENSE PLAN 

 

Currently, all DLA Troop Support Subsistence contracts have a requirement for submission and implementation of some 

type of Food Defense Plan at each contractor facility. As a result of increased risk for the potential of intentional food tampering 

the plan shall describe (in general terms) the type of preventive measures that are taken or will be taken to reduce Food Defense 

Plan vulnerabilities and to protect the food intended for DLA Troop Support's customers at CONUS and OCONUS locations. 

The plan must include preventive steps taken to safeguard product from intentional tampering/contamination during all stages of 

receipt, production, storage, assembly, delivery, and shipment. Areas of concern listed in this checklist must be addressed in the 

plan. The Food Defense Plan will be received, reviewed, rated, and kept on record in the Quality Audits & Product Protection 

Branch (DTA Troop Support-FTSB). Note: Points will be deducted for not responding to a question with a YES, NO, N/A or for 

not providing the information requested (e.g., establishment registration information). To download a copy of the DLA Troop 

Support Food Defense Checklist go to http://www.troopsupport.dla.mil/subs/fs_check.pdf or contact the applicable DLA Troop 

Support Contracting Officer or the Quality Audits & Product Protection Branch (DLA Troop Support-FTSB). 

 

C. CURRENT GOOD MANUFACTURING PRACTICES IN MANUFACTURING, PACKAGING OR HOLDING 

HUMAN FOOD 

 

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

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

required. In addition, the contractor is required to comply with all with the provisions contained within specific parts of the 

Code of Federal Regulations. For example, low-acid canned food manufacturers, Part 110 and 113 are applicable. 

 

XII. ENTRY INTO PLANT 

The Contracting Officer or any Government personnel designated by him shall be permitted entry into the Contractor's and 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 22 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

Subcontractor's plants at any time during the effective period of the contract. Except for inspection services, the Contracting 

Officer shall give prior notice of the purpose of the meeting and shall furnish dates of the visit. 

 

XIII. PLACE OF PERFORMANCE 

A. The offeror must stipulate in its proposal to this solicitation information pertinent to the place of performance. 

B. Any change in place(s) of performance cited in this offer and in any resulting contract is prohibited unless it is 

specifically approved in advance by the Contracting Officer. 

 

XIV. PACKAGING: 

If applicable, 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. 

 

XV. LABELING: 

If applicable, 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. 

 

XVI. PACKING: 

If applicable, 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. 

 

XVII. ELECTRONIC INVOICING BY SUPPLIERS VIA WIDE AREA WORKFLOW (WAWF): 

All suppliers are required to process invoices electronically by using WAWF. 

This is a condition for contract award. 

Wide Area Workflow (WAWF) is a secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows 

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

personnel to process those invoices in a real-time, paperless environment. It is also the only application that will be used to 

capture the Unique Identification (UID) of Tangible Items information. 

 WAWF System Requirements 

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

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

The minimum system requirements are: 

 133 MHz or more Pentium microprocessor (or equivalent) 

 SVGA Color Monitor (minimum 256 color) 

 64 MB RAM (minimum) 

 Internet Access (broadband recommended 

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

Submission of Payment Requests and Receiving Reports- JUN 2012) which requires claims for payment under a Department of 

Defense Contract to be submitted in electronic form. 

As of March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation supplement (DFARS)

to require use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for payment 

(invoices and receiving reports) under DOD contracts. 

XVIII. CLOSING DATE & TIME: 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 23 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

1) Due to the time sensitive nature of this UGR Component, quotes received after closing will NOT be considered. 

 

 

 

XIX. RAPIDGATE 

The Tracy Depot base currently requires enrollment in RapidGate and will not allow entry without RapidGate clearance. During 

the contract implementation period, the Contractor must contact all customer locations to determine whether enrollment in 

RapidGate or another security program is required for access to each location. If RapidGate or other security enrollment is 

required, the contractor must take all necessary steps to obtain this in time for the start of performance under this contract. 

Failure to have RapidGate clearance may result in a vendor being turned away from the base and being unable to complete 

delivery. The contractor is responsible for the additional cost for RapidGate enrollment and must ensure that a RapidGate 

enrolled driver is available for all deliveries. We currently estimate that RapidGate enrollment will cost about $250 per 

company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security 

enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If more than one driver is required, 

RapidGate enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not 

already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment in 

RapidGate is encountered during the implementation period, the contractor MUST contact RapidGate and/or the Security 

Officer at the applicable customer locations to resolve any issues with processing RapidGate enrollment so that the contractor 

will be able to deliver as required. For additional information regarding RapidGate, including enrollment instructions, please 

visit their website at www.rapidgate.com. 

 

Please note that RapidGate is currently a requirement for access to some military bases; however, these and other locations may 

require enrollment in other security programs at some time in the future. In this event, the contractor is responsible for obtaining 

all required enrollments and clearances for each of their drivers as soon as they receive notice of such a requirement. 

 

 

 

 

PART 12 CLAUSES 

 

 

52.212-1, Instructions to Offerors --Commercial Items (OCT 2018) is incorporated in this solicitation by reference. Its full 

text may be accessed electronically at http://farsite.hill.af.mil/vmfara.htm. Text is available for viewing in Subpart 52.2 Text of 

Provisions and Clauses, through either the HTML or PDF Format links.

 

Addendum to 52.212-1: 

 

The following paragraphs of 52.212-1 are amended as indicated below: 

 

1. Paragraph (b), Submission of Offers.

a. See Standard Form 1449 (Continuation Sheet), on page 3, for any specific instructions on how to submit your offer if 

mailed, hand carried, or faxed (when authorized). 

b. Faxed offers are authorized for this solicitation. 

Facsimile offers that fail to furnish required representations, or information, or that reject any of the terms, conditions and 

provisions of the solicitations, may be excluded from consideration. Facsimile offers must contain the required signatures. The 

Government reserves the right to make award solely on the facsimile offer. However, if requested to do so by the Contracting 

Officer, the apparently successful offeror agrees to promptly submit the complete original signed proposal. The Government 

will not be responsible for any failure attributable to the transmission or receipt of the facsimile offer. 

 

c. SUBMISSION REQUIREMENTS: Offerors are required to submit the completed solicitation, the pricing proposal, the past 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 24 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

performance information, PDMs, the completed Food Defense Checklist and the Food Defense Plan. 

 

1.0 Past Performance 

 

Offerors shall provide a list of contracts, commercial or government, performed within the last two years. Offerors shall 

provide a point of contact address, telephone number, average dollar amount of the contract per annum, period of performance, 

and a description of the items provided. For government contracts, provide the government agency, point of contact, telephone 

number, contract number, dollar value, period of performance, and a sample listing of the items provided. 

 

Offerors shall list and address how any “problems” or discrepancies (i.e. late deliveries, shortages, overages, damages, 

defects, mis-shipments, etc) experienced in the past two years for the customers reported in response to commercial accounts 

listed above and for prior Government contracts, were handled and remedied. 

 

NOTE: The Government reserves the right to limit the number of accounts reviewed for verifying past contract performance. 

Furthermore, we reserve the right to contact other contractor accounts, both commercial and Governmental, that are not 

provided in the proposal for the purpose of reviewing past performance.

 

d. FOOD DEFENSE PLAN. Currently, all DLA Troop Support Subsistence contracts have a requirement for the 

submission and implementation of some type of Food Defense at each contractor facility. Areas of concern listed in this 

checklist must be addressed in the plan. As a result of increased risk for the potential of intentional food tampering the plan 

shall describe (in general terms) the type of preventive measures that are taken or will be taken to reduce Food Defense 

vulnerabilities and to protect the food intended for DLA Troop Support's customers at CONUS and OCONUS locations. The 

plan must include preventive steps taken to safeguard product from intentional tampering / contamination during all stages of 

receipt, production, storage, assembly, delivery, and shipment. The following information may be covered in the Food Defense 

Plan or under other pertinent areas of the QSP, if a QSP is required for the facility. If some of the Food Defense information is 

covered in the QSP (e.g., receipt inspection, storage, warehousing, training, traceability, mock recalls, etc.) cross-reference the 

applicable Section/Area of the QSP. If the plan is submitted with the QSP, a rating (separate from the QSP) of acceptable or 

unacceptable will be assigned to the Food Defense/Security/Force Protection Plan. Note: Points will be deducted for not 

responding to a question with a YES, No, N/A or for not providing the information requested (e.g., establishment registration 

information). To download a copy of the DLA Troop Support Food Defense Checklist go to https://www.troopsupport.dla.mil/

subs/support/quality/index.asp or contact the applicable DLA Troop Support Contracting Officer or the Quality Audits & Food 

Defense Branch (DLA Troop Support-FTSB). 

 

e. Product Demonstration Models (PDM): The Government requires PDMs while the solicitation is opened. For PDM 

information Refer to page 5 of this solicitation. 

 

2. Paragraph (c), Period for Acceptance of Offers. 

 

 Period of acceptance is _180_ days. 

 

3. Paragraph (d), Product Samples: Refer to PDM section

 

4. Paragraph (e), Multiple Offers. 

 Alternative commercial items may not be considered for award on this instant 

 acquisition, however, may be utilized for market research on future requirements. 

 

 

5. Paragraph (i), Availability of Requirements Documents Cited in the Solicitation. 

 Contact: Ramona Hemphill, Food Technologist, or Matthew DePetris, Contract Specialist for the applicable specifications 

described in the solicitation at:

e-mail: Ramona.Hemphill@dla.mil or telephone: 215-737-2986 

e-mail: Matthew.DePetris@dla.mil or telephone: 215-737-2159 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 25 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

 

 

52.212-3 Offeror Representations and Certifications -- Commercial Items (oct 2018) far 

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and 

certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror 

has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) 

through (u)) of this provision. 

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at 

least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are 

controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance 

with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. 

“Forced or indentured child labor” means all work or service -- 

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which 

the worker does not offer himself voluntarily; or 

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished 

by process or penalties. 

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or 

more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. 

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, 

but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family 

members, shared facilities and equipment, and the common use of employees. 

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic 

corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). 

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except -- 

(1) PSC 5510, Lumber and Related Basic Wood Materials; 

(2) Product or Service Group (PSG) 87, Agricultural Supplies; 

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence; 

(5) PSC 9410, Crude Grades of Plant Materials; 

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; 

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; 

(8) PSC 9610, Ores; 

(9) PSC 9620, Minerals, Natural and Synthetic; and 

(10) PSC 9630, Additive Metal Materials. 

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 26 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and 

reassembled, the place of reassembly is not the place of manufacture. 

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor. 

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction 

activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability 

and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person 

(as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can 

demonstrate -- 

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; 

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the 

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; 

(3) Consist of providing goods or services to marginalized populations of Sudan; 

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian 

organization; 

(5) Consist of providing goods or services that are used only to promote health or education; or 

(6) Have been voluntarily suspended. 

Sensitive technology -- 

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -- 

(i) To restrict the free flow of unbiased information in Iran; or 

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and 

(2) Does not include information or informational materials the export of which the President does not have the 

authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 

U.S.C. 1702(b)(3)). 

“Service-disabled veteran-owned small business concern” -- 

(1) Means a small business concern -- 

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any 

publicly owned business, not less than 51 percent of the stock of which is owned by one or more servicedisabled veterans; and 

(ii) The management and daily business operations of which are controlled by one or more service-disabled 

veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or 

permanent caregiver of such veteran. 

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, 

as defined in 38 U.S.C. 101(16). 

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in 

the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 

CFR Part 121 and size standards in this solicitation. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 27 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size 

standard applicable to the acquisition, that-- 

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- 

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as 

defined at 13 CFR 124.104) individuals who are citizens of the United States; and 

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into 

account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and 

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by 

individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. 

“Subsidiary” means an entity in which more than 50 percent of the entity is owned -- 

(1) Directly by a parent corporation; or 

(2) Through another subsidiary of a parent corporation. 

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the 

predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/

divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the 

liabilities of the predecessor may vary, depending on State law and specific circumstances. 

“Veteran-owned small business concern” means a small business concern -- 

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of 

any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and 

(2) The management and daily business operations of which are controlled by one or more veterans. 

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of 

any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and 

daily business operations are controlled by one or more women. 

“Women-owned small business concern” means a small business concern -- 

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 

percent of the stock of which is owned by one or more women; and 

(2) Whose management and daily business operations are controlled by one or more women. 

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” 

means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily 

business operations of which are controlled by, one or more women who are citizens of the United States. 

(b) 

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this 

provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through 

http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the 

representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and 

Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 28 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this 

solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except 

for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has 

completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are 

also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided 

by the offeror are applicable to this solicitation only, and do not result in an update to the representations and 

certifications posted electronically on SAM.] 

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or 

its outlying areas. Check all that apply. 

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. 

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern 

in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned 

small business concern. 

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteranowned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] 

is, [_] is not a service-disabled veteran-owned small business concern. 

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern 

as defined in 13 CFR 124.1002. 

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern 

in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business 

concern. 

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition 

threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a womenowned small business concern in paragraph (c)(5) of this provision.] The offeror represents that -- 

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required 

documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that 

affects its eligibility; and 

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the 

representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the 

WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB 

concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: 

_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall 

submit a separate signed copy of the WOSB representation. 

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror 

represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror 

represents that -- 

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, 

and no change in circumstances or adverse decisions have been issued that affects its eligibility; and 

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the 

representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 29 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses 

that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint 

venture shall submit a separate signed copy of the EDWOSB representation. 

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a womenowned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] 

The offeror represents that it [_] is, a women-owned business concern. 

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify 

the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier 

subcontractors) amount to more than 50 percent of the contract price: 

___________________________________________ 

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- 

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of 

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no 

material changes in ownership and control, principal office, or HUBZone employee percentage have occurred 

since it was certified in accordance with 13 CFR part 126; and 

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the 

representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern 

participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small 

business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business 

concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone 

representation. 

(d) Representations required to implement provisions of Executive Order 11246 -- 

(1) Previous contracts and compliance. The offeror represents that -- 

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity 

clause of this solicitation; and 

(ii) It [_] has, [_] has not, filed all required compliance reports. 

(2) Affirmative Action Compliance. The offeror represents that -- 

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, 

affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 

60-2), or 

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the 

rules and regulations of the Secretary of Labor. 

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is 

expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no 

Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or 

employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress 

on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act 

of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and 

submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The 

offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 30 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

were made. 

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - 

Supplies, is included in this solicitation.) 

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end 

product and that for other than COTS items, the offeror has considered components of unknown origin to have been 

mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end 

products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a 

COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The 

terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” 

“foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American --

Supplies.” 

(2) Foreign End Products: 

LINE ITEM NO. COUNTRY OF ORIGIN 

 

 

 

[List as necessary] 

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. 

(g) 

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 

52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this 

provision, is a domestic end product and that for other than COTS items, the offeror has considered components 

of unknown origin to have been mined, produced, or manufactured outside the United States. The terms 

“Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf 

(COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade 

Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” 

are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade 

Act.” 

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than 

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the 

clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: 

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End 

Products) or Israeli End Products: 

LINE ITEM NO. COUNTRY OF ORIGIN 

 

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 31 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

 

[List as necessary] 

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)

(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American --Free Trade 

Agreements --Israeli Trade Act.” The offeror shall list as other foreign end products those end products 

manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a 

COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” 

Other Foreign End Products: 

LINE ITEM NO. COUNTRY OF ORIGIN 

 

 

 

[List as necessary] 

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. 

(2) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at 

FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the 

basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the 

clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: 

Canadian End Products: 

Line Item No.: 

___________________________________________ 

[List as necessary] 

(3) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at 

FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the 

basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end 

products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--

Israeli Trade Act'': 

Canadian or Israeli End Products: 

Line Item No.: Country of Origin: 

 

 

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 32 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

[List as necessary] 

(4) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 

52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic 

provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end 

products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or 

Israeli end products as defined in the clause of this solicitation entitled “Buy American --Free Trade 

Agreements --Israeli Trade Act”: 

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End 

Products) or Israeli End Products: 

Line Item No.: Country of Origin: 

 

 

 

[List as necessary] 

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this 

solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.

S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade 

Agreements.” 

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country 

end products. 

Other End Products 

Line Item No.: Country of Origin: 

 

 

 

[List as necessary] 

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For 

line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country 

end products without regard to the restrictions of the Buy American statute. The Government will consider for 

award only offers of U.S.-made or designated country end products unless the Contracting Officer determines 

that there are no offers for such products or that the offers for such products are insufficient to fulfill the 

requirements of the solicitation. 

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to 

exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 33 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

any of its principals-- 

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of 

contracts by any Federal agency; 

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment 

rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, 

or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes 

relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction 

of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and 

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, 

commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and 

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes 

in an amount that exceeds $3,500 for which the liability remains unsatisfied. 

(i) Taxes are considered delinquent if both of the following criteria apply: 

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A 

liability is not finally determined if there is a pending administrative or judicial challenge. In the case of 

a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights 

have been exhausted. 

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to 

pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases 

where enforced collection action is precluded. 

(ii) Examples. 

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the 

taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is 

not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability 

until the taxpayer has exercised all judicial appear rights. 

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the 

taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the 

IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS 

determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the 

underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is 

not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this 

will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. 

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is 

making timely payments and is in full compliance with the agreement terms. The taxpayer is not 

delinquent because the taxpayer is not currently required to make full payment. 

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced 

collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). 

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting 

Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of 

Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] 

(1) Listed End Product 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 34 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

Listed End Product: Listed Countries of Origin: 

 

 

 

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this 

provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] 

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, 

produced, or manufactured in the corresponding country as listed for that product. 

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, 

produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is 

has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, 

or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror 

certifies that it is not aware of any such use of child labor. 

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end 

products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects 

to provide in response to this solicitation is predominantly -- 

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the 

United States exceeds the total anticipated price of offered end products manufactured outside the United States); or 

(2) [_] Outside the United States. 

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror 

as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it 

subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] 

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] 

does [_] does not certify that -- 

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental 

purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in 

substantial quantities to the general public in the course of normal business operations; 

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see 

FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and 

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the 

contract will be the same as that used for these employees and equivalent employees servicing the same 

equipment of commercial customers. 

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that -- 

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are 

provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in 

substantial quantities in the course of normal business operations; 

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market 

prices (see FAR 22.1003-4(d)(2)(iii)); 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 35 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

(iii) Each service employee who will perform the services under the contract will spend only a small portion of 

his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less 

than 20 percent of available hours during the contract period if the contract period is less than a month) 

servicing the Government contract; and 

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the 

contract is the same as that used for these employees and equivalent employees servicing commercial customers. 

(3) If paragraph (k)(1) or (k)(2) of this clause applies -- 

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did 

not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the 

Contracting Officer as soon as possible; and 

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification 

in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) 

of this clause. 

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide 

this information to the SAM database to be eligible for award.) 

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with 

debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 

6050M, and implementing regulations issued by the Internal Revenue Service (IRS). 

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's 

relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting 

requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the 

accuracy of the offeror's TIN. 

(3) Taxpayer Identification Number (TIN). 

[_] TIN:_____________________. 

[_] TIN has been applied for. 

[_] TIN is not required because: 

[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income 

effectively connected with the conduct of a trade or business in the United States and does not have an office or 

place of business or a fiscal paying agent in the United States; 

[_] Offeror is an agency or instrumentality of a foreign government; 

[_] Offeror is an agency or instrumentality of the Federal Government; 

(4) Type of organization. 

[_] Sole proprietorship; 

[_] Partnership; 

[_] Corporate entity (not tax-exempt); 

[_] Corporate entity (tax-exempt); 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 36 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

[_] Government entity (Federal, State, or local); 

[_] Foreign government; 

[_] International organization per 26 CFR 1.6049-4; 

[_] Other ____________________. 

(5) Common parent. 

[_] Offeror is not owned or controlled by a common parent: 

[_] Name and TIN of common parent: 

Name ____________________________________ 

TIN ______________________________________ 

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct 

any restricted business operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations -- 

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with 

either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 

9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. 

(2) Representation. The offeror represents that -- 

(i) It [ ] is, [ ] is not an inverted domestic corporation; and 

(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. 

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. 

(1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.

gov. 

(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) 

of this provision, by submission of its offer, the offeror -- 

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology 

to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the 

direction of, the government of Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities 

for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and 

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in 

any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or 

affiliates, the property and interests in property of which are blocked pursuant to the International Emergency 

Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked 

Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). 

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if -- 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 37 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency 

provision); and 

(ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a 

requirement to have a unique entity identifier in the solicitation. 

(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one 

immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph 

(3) of this provision for each participant in the joint venture. 

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information: 

Immediate owner CAGE code:_____________________________________________ 

Immediate owner legal name:______________________________________________ 

(Do not use a “doing business as” name) 

Is the immediate owner owned or controlled by another entity: 

[ ] Yes or [ ] No. 

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or 

controlled by another entity, then enter the following information: 

Highest level owner CAGE code:_____________________________________________ 

Highest level owner legal name:______________________________________________ 

(Do not use a “doing business as” name) 

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 

2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not 

enter into a contract with any corporation that -- 

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies 

have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with 

the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax 

liability, unless and agency has considered suspension or debarment of the corporation and made a 

determination that suspension or debarment is not necessary to protect the interests of the Government; or 

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where 

the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the 

corporation and made a determination that this action is not necessary to protect the interests of the Government. 

(2) The Offeror represents that-- 

(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all 

judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely 

manner pursuant to an agreement with the authority responsible for collecting the tax liability; and 

(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 38 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

the preceding 24 months. 

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government 

Entity Code Reporting.) 

(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant 

within the last three years. 

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all 

predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse 

chronological order): 

Predecessor CAGE code ______(or mark “Unknown). 

Predecessor legal name: _________________________. 

(Do not use a “doing business as” name). 

(s) Reserved. 

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to 

register in SAM (52.212-1(k)). 

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior 

Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract 

awards in the prior Federal fiscal year. 

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. 

(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly 

disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a 

greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and 

consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. 

(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly 

disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible 

Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. 

(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse 

gas emissions reporting program. 

(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall 

provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:_____. 

(u) 

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations 

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in 

continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds 

for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or 

abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or 

subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement 

representative of a Federal department or agency authorized to receive such information. 

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 

312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 39 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of 

classified information. 

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or 

subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise 

restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of 

a Government contract to a designated investigative or law enforcement representative of a Federal department or 

agency authorized to receive such information (e.g., agency Office of the Inspector General). 

(End of Provision) 

 

Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) 

[The offeror shall check the category in which its ownership falls]: 

____ Black American.

___ Hispanic American. 

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). 

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, 

Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of 

the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, 

Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). 

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, 

Bhutan, the Maldives Islands, or Nepal). 

___ Individual/concern, other than one of the preceding. 

 

 

252.247-7022 Representation of Extent of Transportation by Sea (AUG 1992) DFARS 

 (a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of 

supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by 

Sea clause of this solicitation. 

 (b) Representation. The Offeror represents that it -- 

 _____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from 

this solicitation. 

 _____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting 

from this solicitation. 

 (c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror 

represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 

252.247-7024, Notification of Transportation of Supplies by Sea. 

 

52.212-4, Contract Terms and Conditions --Commercial Items (OCT 2018) is incorporated in this solicitation by reference. 

Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in 

Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

 

The following paragraph(s) of 52.212-4 are amended as indicated below: 

1. Paragraph (a), Inspection/Acceptance, is revised to add FAR clause 52.246-2, Inspection of
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 40 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

Supplies - Fixed Price. FAR 52.246-2 expands the definition of “Supplies,” to include, but not limit to, raw materials, 

components, intermediate assemblies, end products, and supply lots. FAR 52.246-2 provides a basis for the Government's right 

to perform Product Verification Testing (PVT), which is a requirement on any resulting contract(s). PVT is addressed in DLAD 

clause 52.246-9004. Each clause is contained in full text elsewhere in the solicitation. 

 

2. Paragraph (c), Changes, is deleted in its entirety and replaced with the following: 

(c) Changes. 

 The Contracting Officer may at any time, by unilateral written order, make changes within the general scope of this 

contract in any one or more of the following: 

(i) Method of shipment or packing; 

(ii) Place, manner, or time of delivery. 

 (2) If such change causes an increase or decrease in the cost of, or time required for, 

 performance for any part of the work under this contract, the Contracting Officer shall make equitable adjustment in the 

contract price, the delivery schedule, or both, and shall modify the contract. 

 (3) The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt 

of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive 

and act upon a proposal submitted before final payment of the contract. 

 (4) Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, nothing in this clause shall 

excuse the Contractor from proceeding with the contract. 

 

3. Paragraph (m), Termination for Cause is deleted and replaced with the following: 

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

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

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

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

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

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

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

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

Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This 

assessment of damages for administrative costs shall apply for any termination for cause following which the Government 

repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the 

termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be 

deemed a termination for convenience. 

 

4. Paragraph (o), Warranty is deleted in its entirety and replaced with the following: 

(a) Definitions. 

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government 

assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete 

performance of the contract. 

"Correction," as used in this clause, means the elimination of a defect. 

"Supplies," as used in this clause, means the end item furnished by the Contractor and related services required under the 

contract. The word does not include "data". 

(b) Contractor's obligations. 

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of 

this contract concerning the conclusiveness thereof, the Contractor warrants that for 6 months after receipt of supplies at 

destination or, in the case of supplies required to bear an expiration date, for the expiration date indicated in the labeling thereof, 

all supplies furnished 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 41 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

 (i) Are of a quality to pass without objection in the trade under the contract description; 

(ii) Are fit for the ordinary purposes for which the supplies are used; 

(iii) Are within the variations permitted by the contract, and are of an even kind, quality and quantity within each unit and 

among all units; 

(iv) Are adequately contained, packaged, and marked as he contract may require; and 

(v) Conform to the promises or affirmations of fact made on the container. 

 (2) When return of the supplies to the contractor and redelivery, if applicable, is required, transportation charges and 

responsibility for the supplies while in transit shall be borne by the contractor. Contractor shall also be liable for: 

(i) Handling costs and incidental charges incurred by the Government in the preparation of the above described supplies for 

return to the contractor and in return of said supplies to storage, after redelivery by the contractor; and 

(ii) For cost of Government examination of the corrected or replaced supplies computed and charged at the flat rate of $49.28 

per hour. 

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of 

this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be 

equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of receipt of the corrected or replaced 

supplies at destination. 

(c) Remedies available to the government. 

(1) Notice Requirement: The Contracting Officer shall give written notice to the contractor of any breach of warranties in 

paragraph (b)(1) of this clause within 7 days from receipt of supplies at destination or, in the case of supplies required to bear an 

expiration date, no later than one month following the expiration date indicated in the labeling.

(2) Conformance of supplies or parts thereof subject to warranty action shall be determined in accordance with the inspection 

and acceptance procedures contained in the contract except as provided herein. If the contract provides for sampling, the 

Contracting Officer may group any supplies delivered under this contract. The size of the sample shall be that required by the 

sampling procedure specified in the contract for the quantity of supplies on which warranty action is proposed, except when 

projecting sampling results. Warranty sampling results may be projected over supplies in the same shipment or other supplies 

contained in other shipments even though all of such supplies are not present at the point of reinspection and regardless of 

whether such supplies have been issued or consumed, provided (1) the supplies from which the samples were drawn are 

reasonably representative of the quantity on which warranty action is proposed, and (2) the defects found in the sample size are 

sufficient to reject the quantity of supplies on which warranty action is proposed, even though the sample size may be less than 

that required for such quantity. The original inspection lots need not be reconstituted, nor shall the Contracting Officer be 

required to use the same lot size as on original inspection. Within a reasonable time after the notice, the Contracting Officer may 

exercise one or more of the following options; and also, following the exercise of any option, may unilaterally change it to one 

or more of the other options set forth below: 

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

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

for correction or replacement; 

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

and to correct or replace all nonconforming supplies; 

 (iv) Return any supplies or group of supplies under this clause to the contractor (irrespective of the f.o.b. point or the point of 

acceptance) for screening and correction or replacement; 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 42 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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

repay the contract price paid therefore. In such event, the Government may reprocure similar supplies upon such terms and in 

such manner as the Contracting Officer may deem appropriate, and charge to the contractor the additional cost occasioned the 

Government thereby. 

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

30 days after receipt of notice of such invocation a schedule for either: 

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

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

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

fails to provide an agreeable schedule within the specified period, or any extension agreed to by the Government, the 

Government may correct the items and charge the contractor's account; or, issue a contract for correction of the items and charge 

the contractor's account; or, exercise one or more of the remedies specified in paragraph (4) below. 

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

supplies to the Government within the time established; or, fails to make progress after their return to correct or replace them so 

as to endanger performance within the time established for redelivery and does not cure such failure within a period of 10 days 

(or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer 

specifying such failure, the Contracting Officer may exercise one or more of the following remedies: 

(i) Retain or have the contractor return the nonconforming supplies and require an equitable adjustment in the contract price. 

(ii) Return or hold the nonconforming supplies for contractor's account, or require the return of the nonconforming supplies and 

then hold for contractor's account, whereupon the contractor shall repay the contract price therefore. In such event, the 

Government may reprocure similar supplies upon such terms and in such manner as the Contracting Officer may deem 

appropriate, and charge to the contractor the additional costs occasioned the Government thereby. 

(iii) If the contractor fails to furnish timely disposition instructions, dispose of the nonconforming supplies for the contractor's 

account in a reasonable manner, in which case the Government is entitled to reimbursement from the contractor or from the 

proceeds for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for any other costs 

incurred or to be incurred. 

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to 

the Government by any other clause of this contract. 

 (d) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within 

the meaning of the "Disputes" clause of this contract. 

 (e) When the contract specifies ultimate delivery of supplies to a location outside the contiguous United States, such location 

shall be deemed the destination for purposes of this clause. 

 

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

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

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

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

protections; Section 1n553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for 

contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. 

 

6. Paragraph (t), System for Award Management (SAM). 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 43 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

Add the following: 

 (5) Definitions. 

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

Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related 

processes. 

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

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

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

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

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

identify unique business entities. 

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

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

may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative 

Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent 

concern. 

“Registered in the SAM Database” means that -- 

(a) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM 

database; 

(b) The Contractor's CAGE code is in the SAM database; and 

(c) The Government has validated all mandatory data fields and has marked the records “Active.” 

 

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

ORDERS --COMMERCIAL ITEMS (JAN 2019) 

 

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

this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 

of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its 

successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab 

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

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 

note)). 

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

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

commercial items: 

[Contracting Officer check as appropriate.] 

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.

C. 4704 and 10 U.S.C. 2402). 

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

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 44 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) 

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

___ (5) [Reserved] 

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

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

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

_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or 

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

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 

2313). 

___ (10) [Reserved] 

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). 

___ (ii) Alternate I (Nov 2011) of 52.219-3. 

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

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

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

___ (13) [Reserved] 

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

___ (ii) Alternate I (Nov 2011). 

___ (iii) Alternate II (Nov 2011). 

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). 

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9. 

___ (iii) Alternate II (Nov 2016) of 52.219-9. 

___ (iv) Alternate III (Nov 2016) of 52.219-9. 

___ (v) Alternate IV (Aug 2018) of 52.219-9. 

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 45 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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

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

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

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). 

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small 

Business Concerns (Dec 2015) (15 U.S.C. 637(m)). 

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible 

Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). 

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

_X_ (26) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). 

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

_X_(28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26. 

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

___ (ii) Alternate I (July 2014) of 52.222-35. 

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

___ (ii) Alternate I (July 2014) of 52.222-36. 

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

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) 

(22 U.S.C. chapter 78 and E.O. 13627). 

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

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

commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.

S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 

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

available off-the-shelf items.) 

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.

O.13693). 

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

2016) (E.O. 13693). 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 46 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 

___ (ii) Alternate I (Oct 2015) of 52.223-13. 

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). 

___ (ii) Alternate I (Jun 2014) of 52.223-14. 

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 

13514). 

___ (ii) Alternate I (Jun 2014) of 52.223-16. 

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). 

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 

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

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 

___ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.

S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 

108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). 

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3. 

___ (iv) Alternate III (May 2014) of 52.225-3. 

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes 

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

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, 

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

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307

(f)). 

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). 

___ (56) 52.232-34, Payment by Electronic Funds Transfer --Other Than System for Award Management (Jul 2013) (31 U.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 47 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

S.C. 3332). 

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

_X_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). 

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241

(b) and 10 U.S.C. 2631). 

___ (ii) Alternate I (Apr 2003) of 52.247-64. 

___ (iii) Alternate II (Feb 2006) of 52.247-64. 

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the 

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive 

orders applicable to acquisitions of commercial items: 

[Contracting Officer check as appropriate.] 

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) 

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.). 

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and 

Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67). 

_X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.

S.C. 206 and 41 U.S.C. chapter 67). 

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

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

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--

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

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). 

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). 

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

contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the 

clause at 52.215-2, Audit and Records -- Negotiation. 

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

access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this 

contract. 

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

examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified 

in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 48 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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 (Jan 2019) (41 U.S.C. 3509). 

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

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

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

resolutions)). 

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

Software, and Services Developed or Provided by Kaspersky Lab and 

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

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that 

offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds 

$700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier 

subcontracts that offer subcontracting opportunities. 

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

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

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212). 

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). 

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

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

Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 49 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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

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

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

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

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 

(B) Alternate I (Jan 2017) of 52.224-3. 

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, 

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

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

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

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 

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

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

additional clauses necessary to satisfy its contractual obligations. 

 (End of Clause) 

 

52.215-6 - PLACE OF PERFORMANCE 

 

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, intends, does not intend [check 

applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or 

respondent as indicated in this proposal or response to request for information. 

 

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the 

required information: 

 

Place of Performance (Street Address, City, State, County, Zip Code) 

______________________________ 

______________________________ 

 

______________________________ 

 

______________________________ 

 

Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent 

 

______________________________ 

 

______________________________ 

 

______________________________ 

 

 (End of Provision) 

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 50 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

DLAD PROCUREMENT NOTE L09 REVERSE AUCTION (OCT 2016) 

 

The Contracting Officer may utilize reverse auctioning to conduct price discussions. If the Contracting 

Officer does not conduct a reverse auction, award may be made on initial offers or following discussions. 

If the Contracting Officer decides to use line reverse auctioning to conduct price negotiations, the 

Contracting Officer will notify Offerors of this decision and the following applies: 

(1) The contracting officer may use reverse auction as the pricing technique during discussions to receive 

the final offered prices from each offeror. 

(2) During each round of reverse auction, the system displays the lowest offer price(s) unless the auction 

instructions are different. All offerors and authorized auction users see the displayed lowest price(s). 

This disclosure is anonymous and a generic identifier displays for the offeror. Generic identifiers include 

designators such as “offer A” or “lowest-priced offeror.” By submitting a proposal in response to the 

solicitation, offerors agree to participate in the reverse auction and that their prices may be disclosed, 

including to other offerors, during the reverse auction. 

(3) An offeror's final auction price at the close of the reverse auction is considered its final price proposal 

revision. No price revisions will be accepted after the close of the reverse auction, unless the contracting 

officer decides that further discussions are needed and final price proposal revisions are again requested 

in accordance with Federal Acquisition Regulation (FAR) 15.307, or the contracting officer determines 

that it would be in the best interest of the Government to re-open the auction. 

(4) The contracting officer identifies participants to the DLA commercial reverse auction service 

provider. To be eligible for award and participate, the offeror must agree with terms and conditions of 

the entire solicitation and the commercial reverse auction service. The reverse auction pricing tool 

system administrator sends auction information in an email. The reverse auction system designates offers 

as "lead," meaning the current low price in that auction, or "not lead," meaning not the current low price 

in that auction. In the event of a tie offer, the reverse auction provider's system designates the first offer of 

that price as "lead" and the second or subsequent offer of that price as "not lead." If a tie offer is 

submitted and no evaluation factors other than price were identified in the solicitation or a low-price 

technically acceptable source selection is being used, the "Not Lead” offeror that submitted the tie offer 

must offer a changed price; otherwise its offer will be ineligible for award. If evaluation factors in 

addition to price were listed in the solicitation and a tradeoff source selection is being used, tie offers that 

are "Not Lead" will be considered and evaluated. 

(5) Offerors unable to enter pricing through the commercial reverse auction service provider's system 

during a reverse auction must notify the contracting officer or designated representative immediately. The 

contracting officer may, at their sole discretion, extend or re-open the reverse auction if the reason for the 

offeror's inability to enter pricing is determined to be without fault on the part of the offeror and outside 

the offeror's control. 

(6) Training. The commercial reverse auction service provider or government representative conducts 

training for offerors. Offerors receive training through written material, the commercial reverse auction 

service provider's website, or other means. Trainers name employees successfully completing the training 

as a “Trained Offeror.” Only trained offerors may engage in a reverse auction. The contracting officer 

reserves the right to remove the “trained offeror” title from anyone who fails to obey the solicitation or 

commercial reverse auction service provider terms and conditions. 

(End of DLAD Procurement Note) 

 

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) DFARS 

52.202-01 DEFINITIONS (NOV 2013) FAR 

52.203-03 GRATUITIES (APR 1984) FAR 

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR. Alternate I 

(Oct 1995). 

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

FAR 

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT 

ACT OF 2009 (JUN 2010) FAR 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 51 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACTRELATED FELONIES (DEC 2008) DFARS 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS 

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) 

DFARS 

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 

FAR 

52.204-06 UNIQUE ENTITY IDENTIFIER (OCT 2016) FAR 

52.204-07 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR 

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR 

52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (OCT 2016) FAR 

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019) DFARS 

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) FARS 

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016) DFARS 

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

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS 

DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2015) FAR 

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State 

Sponsor of Terrorism (OCT 2015) DFARS 

52.209-07 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR 

252.209-7998 Representation Regarding Conviction of a Felony Criminal 

Violation under any Federal or State Law. 

See Class Deviation 2012-O0007, Prohibition Against Contracting with Corporations that Have a Felony Conviction, dated 

March 9, 2012. Contracting officers shall include the provision at 252.209-7998 in all solicitations that will use funds made 

available by Division H of the Consolidated Appropriations Act, 2012, including solicitations for acquisition of commercial 

items under FAR part 12, and shall apply the restrictions included in the deviation. This deviation is effective beginning March 

9, 2012, and remains in effect until incorporated in the FAR or DFARS or otherwise rescinded. 

 

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction 

under any Federal Law. 

See Class Deviation 2012-O0004, Prohibition Against Contracting With Corporations That Have an Unpaid Delinquent Tax 

Liability or a Felony Conviction under Federal Law, dated January 23, 2012. Contracting officers shall include this provision in 

all solicitations that will use funds made available by Division A of the Consolidated Appropriations Act, 2012, including 

solicitations for acquisition of commercial items under FAR part 12, and shall apply the restrictions included in the deviation. 

This deviation is effective beginning January 23, 2012, and remains in effect until incorporated in the FAR or DFARS or 

otherwise rescinded. 

(Revised October 31, 2018) 

 

52.210-01 MARKET RESEARCH (APR 2011) FAR 

52.211-02 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN 

THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014) 

FAR 

52.211-05 MATERIAL REQUIREMENTS (AUG 2000) FAR 

52.211-06 BRAND NAME OR EQUAL (AUG 1999) FAR 

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE, EMERGENCY PREPAREDNESS, 

AND ENERGY USE PROGRAM (APR 2008) FAR 

Any contract awarded as a result of this solicitation will be ( ) DX rated order; ( X ) DO rated order certified for national defense 

use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all 

of the requirements of this regulation. [Contracting Officer check appropriate box.] 

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR 

**** 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 52 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

(b) The permissible variation shall be limited to: 

2.00 Percent increase

0.00 Percent decrease

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

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR 

 

Business Systems Modernization (BSM) Delivery Terms and Evaluation (SEP 2015) 

BUSINESS SYSTEMS MODERNIZATION (BSM) DELIVERY TERMS AND EVALUATION 

(a) This acquisition is being conducted under business systems modernization (BSM). Quotes/offers in response to this 

solicitation will be evaluated as specified in the solicitation. 

(b) Delivery shall be quoted/offered in terms of a number of days after date of order (ADO). The number of delivery days 

requested in this solicitation is calculated based on the Government's planned need and customer requirements. Unless delivery 

is identified elsewhere in the solicitation as an evaluation factor, quoters/offerors are encouraged to conform their delivery terms 

as closely as possible to the delivery days requested. If delivery is not identified as an evaluation factor, there will be no 

evaluation preference, or penalty, for quotes/offers of fewer delivery days than the number of delivery days requested by the 

Government. Quoting/offering a greater number of delivery days than requested may result in the quote/offer not being 

considered. 

(End of Text) 

 

Time of Delivery - Ordering Office (SEP 2015) 

TIME OF DELIVERY - ORDERING OFFICE 

Material ordered under the terms of this Contract shall be delivered within _90__ days after the date of the order. 

Notwithstanding any other provisions or clauses of this Contract, no deliveries shall be made prior to issuance of the delivery 

order on Department of Defense (DD) Form 1155. 

(End of Text) 

 

52.215-08 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR 

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 one 

pallet layer, 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 184,320 BG ; 

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

(3) A series of orders from the same ordering office within 7 calendar days that together call for quantities exceeding the 

limitation in paragraph (b)(1) or (2) of this section. 

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

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

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

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

limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 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.” 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 53 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

(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 120 days after award 

(End of clause) 

 

252.216-7006 ORDERING (MAY 2011) DFARS 

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

the individuals or activities designated in the contract schedule. Such orders may be issued from date of award through 1095

days thereafter.

  

52.219-06 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) FAR 

52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017) FAR 

52.222-03 CONVICT LABOR (JUN 2003) FAR 

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2018) FAR 

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

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR 

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

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

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

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

2010) FAR 

52.222-50 COMBATTING TRAFFICKING IN PERSONS (JAN 2019) FAR 

52.223-06 DRUG-FREE WORKPLACE (MAY 2001) FAR 

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR 

52.225-18 PLACE OF MANUFACTURE (AUG 2018) FAR 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017) DFARS 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS 

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations 

(EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term 

includes: 

(1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense 

services, and related technical data, and further defined in the ITAR, 22 CFR Part 120. 

(2) “Items,” defined in the EAR as “commodities”, “software”, and “technology,” terms that are also defined in the 

EAR, 15 CFR 772.1. 

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not 

limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor 

shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with 

the Department of Commerce regarding any questions relating to compliance with the EAR. 

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists 

independent of, and is not established or limited by, the information provided by this clause. 

(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, 

Executive orders, and regulations, including but not limited to -- 

(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); 

(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); 

(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); 

(4) The Export Administration Regulations (15 CFR Parts 730-774); 

(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and 

(6) Executive Order 13222, as extended. 

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 54 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

(End of clause) 

 

52.226-06 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAY 2014) FAR 

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

“Apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local 

laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, 

or other conditions. 

“Excess food” means food that -- 

(1) Is not required to meet the needs of the executive agencies; and 

(2) Would otherwise be discarded. 

“Food-insecure” means inconsistent access to sufficient, safe, and nutritious food. 

“Nonprofit organization” means any organization that is -- 

(1) Described in section 501(c) of the Internal Revenue Code of 1986; and 

(2) Exempt from tax under section 501(a) of that Code. 

(b) In accordance with the Federal Food Donation Act of 2008 (42 U.S.C. 1792), the Contractor is encouraged, to the maximum 

extent practicable and safe, to donate excess, apparently wholesome food to nonprofit organizations that provide assistance to 

food-insecure people in the United States. 

(c) Costs. 

(1) The Contractor, including any subcontractors, shall assume the responsibility for all the costs and the logistical 

support to collect, transport, maintain the safety of, or distribute the excess, apparently wholesome food to the nonprofit 

organization(s) that provides assistance to food-insecure people. 

(2) The Contractor will not be reimbursed for any costs incurred or associated with the donation of excess foods. Any 

costs incurred for excess food donations are unallowable. 

(d) Liability. The Government and the Contractor, including any subcontractors, shall be exempt from civil and criminal liability 

to the extent provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). Nothing in this clause shall 

be construed to supersede State or local health regulations (subsection (f) of 42 U.S.C. 1791). 

(e) Flowdown. The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and other 

similar instruments greater than $25,000 with its subcontractors or suppliers, at any tier, who will perform, under this contract, 

the provision, service, or sale of food in the United States. 

(End of clause) 

 

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

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019) DFARS 

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007) FAR 

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) 

FAR 

52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR 

52.232-11 EXTRAS (APR 1984) FAR 

52.232-17 INTEREST (MAY 2014) FAR 

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR 

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) 

DFARS 

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

52.233-01 DISPUTES (MAY 2014) FAR 

52.233-02 SERVICE OF PROTEST (SEP 2006) FAR 

52.233-03 PROTEST AFTER AWARD (AUG 1996) FAR 

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR 

DLAD PROCUREMENT NOTE L06 AGENCY PROTESTS (DEC 2016) 

 

Interested parties may file an agency level protest with the contracting officer or may request an 

independent review by the chief of the contracting office (CCO). Independent review by the CCO 

is an alternative to consideration by the contracting officer and is not available as an appellate 

review of a contracting officer decision on a protest previously filed with the contracting officer. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 55 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

Absent a clear indication of the intent to file an agency level protest with the CCO for independent 

review, protests will be presumed to be protests to the contracting officer. 

(End of DLAD Procurement Note) 

52.242-13 BANKRUPTCY (JUL 1995) FAR 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR 

52.243-01 CHANGES - FIXED PRICE (AUG 1987) FAR 

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS 

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

** ** 

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

acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to 

certify the request on behalf of the Contractor: 

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

knowledge and belief. 

_____________________________________________ 

(Official's Name) 

_____________________________________________ 

(Title) 

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2019) FAR 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD 

CONTRACTS) (JUN 2013) 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 

 

General Inspection Requirements (SEP 2016) 

GENERAL INSPECTION REQUIREMENTS - DLA TROOP SUPPORT - SUBSISTENCE 

(a) Inspection. 

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

and Stockyard Administration (GIPSA) or Agricultural Marketing Service (AMS) or U.S. Department of Commerce (USDC), 

National Marine Fisheries Service (NMFS) to accomplish origin inspection (examination and testing) and sampling as required 

herein and in the applicable commodity specifications. The Contractor shall bear all expenses incident thereto, including costs of 

samples and all associated costs for preparation and mailing. Costs shall be assessed in accordance with the Government 

laboratory testing charges for individual test characteristics and number of tests required by the specification or contract. A list 

of fees may be obtained from the appropriate inspection activity. 

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

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

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

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

Contractor to comply with such specifications. 

(2) The Contractor shall take action to correct or replace nonconforming supplies. 

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

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

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

office, etc.). The applicable DLA Troop Support office shall report the findings to the Contracting Officer or the ordering 

officer, who shall in turn notify the Contractor. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 56 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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

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

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

elect to petition the Contracting Officer in writing to grant a waiver of the contract requirements for which supplies have been 

found nonconforming, and to accept the supplies “as is” with appropriate price consideration. 

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

Government inspection activity to complete the necessary inspection. The Government inspector will insure that the Contractor 

has had such gauges, instruments, scales, tools, or other material required to complete inspection properly calibrated and, if 

necessary, certified. When required by the contract/solicitation the Government inspector will collect insect specimens from 

plant production and storage areas and submit the specimens to the nearest military entomological laboratory for identification. 

When the collection of insects is required, the Contractor shall be responsible for supplying and installing specified insect 

monitoring devices required to accomplish this task. 

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

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

Samples not used will be returned to the Contractor. 

(c) USDA and USDC certificates. 

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

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

which shall: 

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

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

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

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

contract. 

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

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

with the code marks listed on the USDA grade certificate. 

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

stamped with the official USDA stamp impression. 

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

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

unitization materials. 

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

been selected by the inspector for forwarding to DLA Analytical Laboratory, 700 Robbins Avenue, Philadelphia, Pennsylvania 

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

(v) Indicate the applicable contract or order number. 

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

required or not, the Contractor shall obtain a USDA agricultural products acceptance certificate (Form LS 5-3), which shall 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 57 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

contain the information specified in paragraph (c)(1). The Contractor shall also include the applicable lot number(s). 

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

obtain an official USDA inspection or examination certificate, as appropriate. In addition to the entries required by the GIPSA, 

the certificate shall contain the following certification: “Supplies listed hereon conform to all quality and condition requirements 

of the contract”. 

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

LS 5-3 are not acceptable. Copying machine duplicates of USDA Form LS 5-3 are acceptable only as provided in paragraph (2) 

and (3) below. Copying machine duplicates of the original signed DD Form 250 are acceptable. In addition to the prohibited use 

of copying machine duplicates, USDC certificates must also be embossed with the official seal of the USDC. The Contractor 

shall distribute certificates as follows: 

(1) When DD Form 250 (MIRR) signed by the inspector is provided, a copy of the USDA/USDC inspection certificate need not 

be furnished to the designated paying office. (Exception: When the contract or specification provides for acceptance of product 

with a price adjustment to the Contractor'' invoice, e.g., excess fat in ground beef, the original signed USDA/USDC inspection 

certificate must be attached to the top of the commercial invoice which is submitted to the designated paying office.) 

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

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

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

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

attached to the top of the commercial invoice which is submitted to the designated paying office. 

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

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

one copy of the original signed USDA, GIPSA or USDC certificate; one copy of the original signed USDA Form LS 5-3 or a 

copying machine duplicate of the original USDA Form LS 5-3 with an original signature shall accompany each shipment to each 

destination and be marked Attention: Subsistence Inspector. 

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

Government reserves the right to arrange for government grading/inspection and certification at destination at the Contractor's 

expense. 

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

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

Contractor. Under both in-process (on line) and stationary lot inspections, the maximum lot size, unless otherwise specified in 

the contract, shall be defined by the assigned inspection agency. 

(f) Particular inspection requirements. 

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

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

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

for these requirements shall be in accordance with the specification. 

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

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

(End of Text) 

 

Alternative Inspection Requirements for Selected Items (SEP 2016)

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 58 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS - DLA TROOP SUPPORT - SUBSISTENCE 

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

To expedite shipment, the Contractor has the option to perform, or have performed by an independent laboratory, contractuallyrequired tests of end items or component material not specified by the U.S. Standards of Grade. The inspector for the 

Government agency having jurisdiction over ascertaining compliance may permit shipment, provided all other requirements of 

the contract are met. The designated Government inspector will select random samples of each lot of end items or component 

material for verification testing until the Contractor's testing system is determined reliable in accordance with paragraph (c) of 

this clause. It is the intent of the Government to rely on Contractor test results to the maximum extent practicable and minimize 

Government verification testing. 

(b) Compliance of product. 

Acceptance of material as complying with required characteristics shall be based on the Contractor's test results; provided that 

Government verification indicates the Contractor's testing system is reliable, in accordance with paragraph (c) of this clause, as 

to each of the required characteristics. If the Contractor's test system is determined to be unreliable, product compliance will be 

determined based solely on Government test results. In the event the Government detects any irregularities in the Contractor's 

testing system, the designated Government inspector may withhold approval until Government test results indicate products 

conform to contract requirements. (For Meal, Ready-to-Eat (MRE) items, if Government laboratory test results show that 

product is nonconforming, the product shall be withheld from final assembly and subject to return and replacement by the 

component Contractor, even if previously approved by the Government inspector.) 

(c) Reliability conditions. 

(1) To be considered reliable, the Contractor's testing system shall produce results comparable to the Government test results; 

unless the Government agency having jurisdiction has inspected the item produced at the Contractor's plant within the previous 

120 days. Unless otherwise specified in this contract, the Government inspector will select samples randomly from the first three 

lots of end items presented for inspection and will conduct verification testing on a skip-lot basis. Skip-lot verification is done by 

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

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

(For instance, starting with a group of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next 

samples will be selected from lots 5, 6, 7, 8, 9, or 10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 

13, or 14; and so on.) 

(2) Contractor's testing system shall be considered unreliable when (i) the Government verification results indicate product 

nonconformance to contract requirements; and (ii) a significant disparity exists between Government laboratory results and 

Contractor test results. When a Contractor's testing system is determined to be unreliable, compliance testing will revert to the 

Government, and all items shall be inspected by the Government prior to shipment. 

(3) Contractor's testing system will be considered doubtful when (i) a significant disparity exists between Government laboratory 

results and Contractor test results; (ii) the Government test results indicate significantly poorer quality than the Contractor's; and 

(iii) the Government laboratory test results do not indicate product nonconformance to a statistically significant degree. When 

the Contractor's testing system is considered doubtful, verification testing will be performed on each lot produced; however, the 

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

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

Government's test results. These determinations shall be accomplished by the DLA Troop Support, Directorate of Subsistence, 

Product Services Office, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092. 

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

statistical determinations and test results used in reliability studies. Telephonic notification and copies of these determinations 

will be provided to the Government by DLA Troop Support FTRE. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 59 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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

(1) Reporting of Contractor's results. Test reports for each lot of end item and components shall be submitted in the format 

contained in this clause by the Contractor in an original and one copy to the designated Government inspector. The inspector 

will forward one completed copy to DLA Troop Support FTRE. 

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

the contract to assure that the Contractor's testing results are reliable. Verification samples will be accompanied by a Department 

of Defense (DD) form 1222, Request for and Results of Tests. The Government laboratory that performs the tests will provide 

copies of the test results to the Government inspector and to DLA Troop Support FTRE. The Government laboratory will 

telephone the results to DLA Troop Support HS (215-737-4259) when testing identifies nonconformance. The Government 

reserves the right to (i) increase the rate or amount of verification testing up to and including full lot-by-lot testing, in the event 

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

between the Contractor's results and the results of the Government laboratory testing. When any element of the Contractor 

testing system is determined unreliable, the Government may consider the testing system as a whole unreliable and return to full 

lot-by-lot verification for every test. Testing by the Government will continue until such time as the Contractor's reliability is 

again established. 

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

finished product or both (the quantity of which shall be the next larger available sample size required for unit testing and the 

same sample size required for composite testing) for inspection purposes. Unused samples will be returned to the Contractor. 

(e) Charges applicable to unreliable test status. The prime Contractor shall be charged the costs of lot-by-lot inspection during 

the period that its testing system is considered unreliable. These charges will be processed and approved by the Contracting 

Officer. 

(f) Format for Contractor/subcontractor test report. 

Name and address of Contractor: 

Name and address of subcontractor: (if applicable) 

Received for testing: (date) 

Contract number: 

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

Quantity tested: 

Applicable specification: 

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

Quantity in lot: (units) 

Testing completed: (date) 

Test report 

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

obtained from composite samples.) 

(Typed name and title of laboratory official and signature) 

The following certification shall be affixed to the test report when testing was performed on component items by supplier's 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 60 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

laboratory or by subcontractor's laboratory. 

Certification 

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

and to the best of my knowledge and belief, have been found to comply with the analytical requirements of the specification, 

contract no. _______________ 

Signature:______________________________ 

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

The following certification shall be affixed to the test report when testing was performed on component and/or end item by 

Contractor's laboratory or an independent laboratory. 

Certification 

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

contract, through the testing of samples that were representative of the lot, and to the best of my knowledge and belief, were 

found to comply with the analytical requirements of the specification and the contract. 

Signature: ___________________________________________________________________ 

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

Distribution: 

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

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

(End of Text) 

 

Reinspection of Nonconforming Supplies (SEP 2016) 

REINSPECTION OF NONCONFORMING SUPPLIES - DLA TROOP SUPPORT - SUBSISTENCE 

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

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

review in accordance with the regulations of the respective agency. In such instances, the next larger available sample size will 

be used. The decision of the USDA/USDC representative as to conformance or nonconformance shall be final. It will be within 

the discretion of USDA/USDC whether to assess reinspection costs against the Contractor. 

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

Contractor may petition the Contracting Officer to obtain permission for a single reinspection, provided such petition provides 

valid technical reasons to believe the destination inspection findings were erroneous. The reinspection shall be performed in 

accordance with the original destination inspection criteria unless otherwise specified by the Contracting Officer. 

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

applicable origin inspection agency (USDA for meats and poultry, or USDC for water foods). All costs associated with USDA/

USDC reinspection shall be borne by the Contractor; unless the reinspection results establish compliance with contractual 

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

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

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

Service Headquarters will designate the activity assigned to perform the reinspection and advise the Contracting Officer and the 

designated activity of the reinspection schedule. Reinspection shall be performed by personnel other than those involved in the 

original destination inspection. Reinspection costs shall be borne by the Contractor when reinspection results substantiate the 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 61 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

nonconformance. The Government shall bear the costs of reinspection if the products are determined to be in compliance with 

contractual requirements. 

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

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

petition provides valid technical reasons to believe the original inspection findings were erroneous. If the Contracting Officer 

authorizes a reinspection, the reinspection results shall be final if they differ from the original inspection to such a statistically 

significant degree that error in the original results is probable. Otherwise, the original inspection results shall prevail. The 

reinspection/formal review shall be performed in accordance with the original inspection criteria, unless otherwise specified. All 

costs associated with the reinspection shall be borne by the Contractor; unless the reinspection results establish compliance with 

the contract requirements, in which case costs shall be assumed by the Government. Reinspection shall not be authorized when 

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

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

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

Contractor intends to exercise any option under (a), (b) or (c) above, the Contractor must do so prior to requesting a waiver. The 

denial of a waiver by the Contracting Officer will result in final rejection of the nonconforming supplies without recourse to 

reinspection. 

(End of Text) 

 

52.246-9044 SANITARY CONDITIONS (APR 2014) DLA 

 

Sanitary Conditions (SEP 2016) 

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 Public Health Command (USAPHC ) Circular 40-1, 

Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) 

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

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

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

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

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

approval is regained and listing is reinstated. 

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

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

is provided in Appendix A of the worldwide directory. 

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

the “Meat, Poultry and Egg Inspection Directory,] published by the United States Department of Agriculture, Food Safety and 

Inspection Service (USDA, FSIS), at http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory . The item, to be 

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

applicable establishment number. USDA listed establishments processing products not subject to the Federal Meat and Poultry 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 62 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

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

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

within the same state (intrastate) may be supplied when the items are processed in establishments under state inspection 

programs certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products Inspection Acts. The item, to 

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

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

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

Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/poultry/

grading.htm. 

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

Inspection Directory” published by the USDA FSIS at http://apps.ams.usda.gov/plantbook/Query_Pages/PlantBook_Query.asp . 

All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the 

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

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S. Establishments 

Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, 

Facilities, and Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric 

Administration Fisheries (USDC, NOAA) (available at: seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on 

delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and address of the producing 

facility. 

(vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance rating of 90 

percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and 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. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 63 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

(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. 

(End of Text) 

 

Federal Food, Drug and Cosmetic Act-Wholesale Meat Act (SEP 2016) 

FEDERAL FOOD, DRUG AND COSMETIC ACT-WHOLESALE MEAT ACT 

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

Act and the Wholesome Meat Act and regulations promulgated there under. This warranty will apply regardless of whether or 

not the supplies have been: 

(1) Shipped in interstate commerce, 

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

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

comply with requirements of said Acts and regulations promulgated there under when a specific paragraph of the applicable 

specification directs otherwise and the supplies are being contracted for military rations, not for resale. 

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

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

give notice of breach of this warranty at any time within this six-month period or within 30 days after expiration of such period, 

and any such notice shall preserve the rights and remedies provided herein. 

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

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

determines to be equitable under the circumstances; 

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

handling, inspection and storage costs expended therefore; provided, that if the supplies are seized under either Act or 

regulations promulgated there under, such seizure, at Government option, shall be deemed a return of supplies within the 

meaning of this clause and thereby allow the government to pursue the remedy provided herein. Failure to agree to any 

deduction or recovery provided herein shall be a dispute within the meaning of the clause of this contract entitled “Disputes”. 

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

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

whether simultaneously or at different times, constitute an election of remedies. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 64 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

(End of Text) 

 

 

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

52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) FAR 

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

52.252-01 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): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ . 

(End of Clause) 

 

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR 

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

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

electronically at this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ . 

(End of Clause) 

52.252-5 AUTHORIZED DEVIATION IN PROVISIONS (Apr 1984) FAR 

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation 

is indicated by the addition of “(DEVIATION)” after the date of the provision. 

(b) The use in this solicitation of any FAR, DFARS, or DLAD provision with an authorized deviation is indicated by the 

addition of “(DEVIATION)” after the name of the regulation. 

52.252-6 AUTHORIZED DEVIATION IN CLAUSES (APR 1984) FAR 

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized 

deviation is indicated by the addition of “(DEVIATION)” after the date of the clause. 

(b) The use in this solicitation or contract of any FAR, DFARS, or DLAD clause with an authorized deviation is indicated by the 

addition of “(DEVIATION)” after the name of the regulation. 

 

52.253-01 COMPUTER GENERATED FORMS (JAN 1991) FAR 

FAR 52.232-17 INTEREST (MAY 2014) 

FAR 52.242-13 BANKRUPTCY (JUL 1995) 

FAR 52.242-15 STOP WORK ORDER (AUG 1989) 

FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Sanctioned Activities Relating to Iran --

Representation and Certification (AUG 2018) 

 

52.216-1 TYPE OF CONTRACT (APR 1984) 

The Government contemplates award of an Indefinite-Quantity, Fixed-Price contract resulting from this solicitation. 

 

 

 

CLAUSES ADDED TO PART 12 BY ADDENDUM

 

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

 

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

 

Part 12 Provisions
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 65 OF 65 PAGES

SPE3S1-19-Q-0005

Part 12 Provisions (CONTINUED)

PROVISIONS ADDED TO PART 12 BY ADDENDUM