10. FOR

 INFORMATION 

 CALL: 

13. DISCOUNT FOR PROMPT PAYMENT 

(See Section I, Clause No. 52.232-8) 

 SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER 

 UNDER DPAS (15 CFR 700)

 RATING

DO-C9

2. CONTRACT No. 3. SOLICITATION No.

SPE3S1-19-R-0005

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

2019 MAR 13

 6. REQUISITION/PURCHASE No. 

1000074672

7. ISSUED BY 8. ADDRESS OFFER TO

NOTE : In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if

handcarried, in the depository located in local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions 

contained in this solicitation.

 11. TABLE OF CONTENTS

DESCRIPTION

25. PAYMENT WILL BE MADE BY

CODE

 SOLICITATION

until

(Hour) (Date)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

 STANDARD FORM 33 (Rev.9-97)

 Prescribed by GSA FAR (48 CFR) 53.214 (c)

OFFER (Must be fully completed by offeror )

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

AWARD (To be completed by Government)

 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

 (Type or print)

 14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of 

amendments to the SOLICITATION for offerors

and related documents numbered and dated):

12. In compliance with the above, the undersigned agrees, if this offer is accepted within

period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite 

each item, delivered at the designated point(s), within the time specified in the schedule.

CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS

SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(X) PAGE(S) SEC. DESCRIPTION PAGE(S)

SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

 PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

DELIVERIES OR PERFORMANCE

K REPRESENTATIONS, CERTIFICATIONS AND OTHER 

STATEMENTS OF OFFERORS

AMENDMENT NO. DATE AMENDMENT NO. DATE

 G

 H

SEC. 

 B

 A

 C

 E

 D

 F

(X)

CODE FACILITY 

15C. CHECK IF REMITTANCE ADDRESS IS 

DIFFERENT FROM ABOVE - ENTER SUCH 

ADDRESS IN SCHEDULE

 17. SIGNATURE

19. ACCEPTED AS TO ITEMS NUMBERED

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

 24. ADMINISTERED BY (If other than item 7) CODE CODE

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer )

 26. NAME OF CONTRACTING OFFICER (Type or print)

calendar days (60 calendar days unless a different 

 15A. NAME AND 

 ADDRESS 

 OF OFFER- 

 OR 

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

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

See Continuation Sheet

1

Business Opportunities Office, Bldg 36-2-S 3:00PM 2019-Apr-12

A. NAME

Steven Hoenes PSPTRCC

B. PHONE/FAX (NO COLLECT CALLS)

Phone: 215-737-3726

 C. EMAIL ADDRESS

Steven.Hoenes@dla.mil

X 1

15B. TELEPHONE NUMBER 18. OFFER DATE

28. AWARD DATE

20. AMOUNT

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

21. ACCOUNTING AND APPROPRIATION

ITEM

SPE3S1

AREA CODE NUMBER EXT.

(4 copies unless otherwise specified)

PAGE 1 OF 95
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SECTION A - SOLICITATION/CONTRACT FORM

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) FAR

 

A-1 

Note: 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, and except on the closing 

date of this solicitation, in which case delivery must be made by the time set for receipt of offers as stated in block 8 

of the Standard Form 33. 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 closing time above. 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 33.

 

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. 

 

Contractors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid 

Room) is located within a secured military installation. In order to gain access to the facility, an escort may be 

required. The escort will be an employee of the Bid Room. The following are telephone numbers for the Bid Room: 

(215) 737-8511, (215) 737-9044, (215) 737-7354, (215) 737-0317, or (215) 737-8566. It is the offeror's responsibility 

to ensure that the offers are received at the correct location at the correct time. Please allow sufficient time to 

complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based 

on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time 

solicitation closes to allow for security processing and to secure an escort. 

 

Note: This is a suggestion and not a guarantee that you will gain access to the base if you arrive one hour before the 

offer is due. 

 

Facsimile and e-mail offers are not acceptable forms of transmission for submission of initial proposals or revisions to 

initial proposals submitted in response to this solicitation. As directed by the Contracting Officer, facsimile and e-mail 

may be used during discussions/negotiations, if discussions/negotiations are held, and for proposal revision(s), 

including Final Proposal revision(s). 

 

Steven Hoenes (steven.hoenes@dla.mil) or Tiendung Nguyen (Tiendung.Nguyen@dla) may receive the e-mailed 

proposal revisions. If and when a request for proposal revision is issued, the date and time for receipt of proposal 

revisions, if applicable, will be designated in that request. Submission of proposals and any revisions are subject to 

the terms of FAR 15.208. 

 

Note: The Government intends to evaluate offers and make award(s) without discussions with offerors. Therefore, 

the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the 

Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. 

 

Note: In accordance with DLAD Clause 52.215-9023, Reverse Auction, the Government may utilize Reverse Auction 

as a pricing technique under this solicitation.
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Note: Included in Section I are the full text versions of the Cyber Incidents clauses, DFARS 252.204-7008, and 

252.204-7009.

 

A-2 

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS 

 

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. 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 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) 

 

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

CONDUCT; contained elsewhere in the solicitation or contract. 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) 

 

A.3 

 

RapidGate 

 

Many bases currently require 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 $199 per company and $159 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, 
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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. 

 

 

 

 

 

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-1 -ITEMS TO BE SUPPLIED 

 

(A) Line Description/NSN 

 

Tailored Operation Training Meal 

 

LINE ITEM/NSNs 

 

0001 8970-01-628-7262 

0002 8970-01-628-7264 

0003 8970-01-628-7266 

 

NOTE: See attachment 1 to the solicitation as an example of TOTM menus for each of the above NSNs. 

 

(B) Estimated Requirements for each NSN listed in B-1 (A)

 

 Tier 1: 35,000 CS 

Tier 2: 35,000 CS 

Tier 3: 35,000 CS 

Tier 4: 35,000 CS 

Tier 5: 35,000 CS 

 

Total Estimated over 5 tiers: 175,000 CS

 

This total Estimated Quantity is for each Line Item/NSN and does not represent an estimate for all Line Items/

NSNs grouped together. 

 

(C) Delivery Schedule

 

Indefinite number of delivery orders, delivery to various customer locations on a Direct Vendor Delivery 

basis. Once the contract(s) is/are executed, the supplier(s) will have 30 days to assemble the TOTM product. 
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After the initial 30 day period, the supplier should deliver the product 7 days after receipt of each individual 

delivery order received, but no later than 10 days. 

 

(D) IQC Quantities

 

The IQC minimum and IQC maximum quantities for each Line Item/NSN are as follows: 

 

Guaranteed Minimum for each Line Item/NSN: 10,500 CS 

 The Maximum over 5 tiers for each Line Item/NSN: 227,500 CS 

 

Set-Aside Status NAICS SB EMPLOYEE # 

 Unrestricted 311422 1,250 

 

 

 

B-2 - GENERAL INFORMATION 

 

1. The resultant contract will be effective from: 

 

 TIER 1: Date of award through 365 days thereafter 

 TIER 2: From date of 366 days through 730 days thereafter 

 TIER 3: From date of 731 days through 1,095 days thereafter 

 TIER 4: From date of 1,096 days through 1,460 days thereafter 

 TIER 5: From date of 1,461 days through 1,825 days thereafter 

2. The quantity above in B-1 (B) represents the estimated quantity. The supplies in paragraph B-1 (D) above 

represent the guaranteed minimum quantities and maximum quantities to be purchased for five tiers per line 

item/NSN. 

 

3. Each NSN for the TOTM is F.O.B. Destination to various CONUS customer locations, and shall be priced 

accordingly. 

 

Offerors are solicited on an F.O.B Destination basis only. Any offers submitted on a basis other than F.O.B. 

Destination will be rejected as nonresponsive. 

 

Inspection at Origin by: USDA/Army Veterinary Inspectors (AVI) 

 

4. All entrée, fruit, and flameless ration heater components shall be procured for use in the TOTM in accordance 

with the requirements for the Technical Data for the Tailored Operational Training Meal (TOTM)

 

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

Rations and Contractor Sanitation Program Operational Ration (Applicable to all Operation Rations) are 
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required. Documents can be found on DLA Troop Support's Subsistence website at: 

 

http://www.troopsupport.dla.mil/subs/support/quality/index.asp 

 

Annual changes to the menus are allowed per the approval of the Contracting Officer. 

 

If a contractor has a current approved PDM for any of the 3 lines/NSN, PDMs do not have to be submitted for 

that line/NSN. Further information regarding this can be found in the submission requirements for PDMs 

listed in Section L of the solicitation. 

 

 

B-3 INDEFINITE QUANTITY CONTRACT: 

 

This solicitation will result in an Indefinite Quantity Contract (IQC) as provided in FAR Clause 52.216-22 Indefinite 

Quantity. In an IQC the Government awards a range of quantities rather than a single fixed quantity. The bottom of 

the range is the minimum (the IQC minimum quantity), which the Government is obliged to order and which is all it 

is committed to order. The top of the range is the maximum (the IQC maximum quantity) which is the largest the 

Government may order, and which the contractor agrees to provide if ordered. The Government may order any 

quantity within that range. Sometimes an estimated quantity is stated also; this may be the same as the minimum or 

the maximum, or it may be a quantity within the IQC range. 

 

B-4 TIER PRICING 

 

Offerors are requested to submit offers in all five tiers. Offerors may submit their offered prices within Section L of 

the solicitation or using their own similar format. Failure to indicate an offer on any tier shall be deemed nonacceptance of the tier and could result in rejection of the offeror's entire proposal. Offerors may offer unit prices that 

differ per Tier. 

 

Alternate offers/pricing will NOT be accepted. Offeror is required to offer on all tier prices per line item/NSN. Only one 

offer per line item is permitted. 

 

B-5 PRODUCT DEMONSTRATION MODELS (PDMS): 

 

Offerors are required to submit a compiled list of all twelve menu's contents and must certify that each menu meets 

the minimum nutritional requirements listed in section C. Offerors must include a list of ingredients for each entree, 

complementary item, and accessory packet, additionally, the use of any shelf life extension materials (ex. Oxygen 

Scavengers) and their source should be listed. Offerors are also required to submit Product Demonstration Models 

(PDMs) to demonstrate technical capability. PDMs shall be submitted for all entrees, complementary items, and 

accessory packets. PDMs submitted should reflect the compiled list of items and menu contents submitted by the 

offeror; failure to submit a PDM noted on the list or submitting a PDM not listed will be considered a deficiency in 
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the offer. Offeror shall state how the final assembly case will be packed in accordance to current packaging 

requirements. One finished case of meals shall include 12 different TOTM entrees and their complementary items 

and accessory packets. Offerors are required to submit six (6) PDMs for each offered component item. 

 

Note: The end or side of the Case containing the component PDMs should have a label, or be printed on the Case, 

with the following information: 

 

 Product Demonstration Model 

 Solicitation Number 

 Product Identity 

 Lot# 

 Company Name and Address 

 Point of Contact Name and Phone Number 

 

Six (6) PDMs representing each component to be offered must be sent to: 

 

DLA TROOP SUPPORT 

BUSINESS OPPORTUNITIES OFFICE 

BLDG. 36, SECOND FLOOR 

700 ROBBINS AVENUE 

PHILADELPHIA, PA 19111-5092 

Attention: Marbach Jayson/Building 6/Desk: 6B096/ Phone: 215-737-6014

 

 

If the Government requests PDMs to be sent to Natick, they must be sent to: 

 

 DEPARTMENT OF THE ARMY 

RDNS-SEC-EMR (Jill Bates) 

NATICK SOLDIER SYSTEMS CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760 

 

 

NOTE: Offerors are required to retain eighteen (18) additional samples in the event that PDMs shall be sent to 

Natick for further evaluation. In the event PDMs are sent to the additional parties, the DLA Troop Support 

will be responsible for any lab and/or testing expenses for initial PDM submissions. Should a resubmission of 

any PDM to Natick be required, the offeror will be responsible for any lab and/or testing expenses. 

 

 

Initial PDM:

 

PDMs must be submitted prior to the close of the solicitation and found to meet the standards as referenced elsewhere 

in the solicitation. Refer to Sections L and M for submission and evaluation instructions for PDMs. In addition to the 

initial component PDMs required by this solicitation, the awardee is required to submit post award samples. Two finished final 

assembly cases from the first lot produced, packed, sealed, marked, and shipped to destination shall be set aside and delivered to 

DLA; at contractor's expense.

New PDM: 
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During the course of contract performance, new items may be introduced for delivery during the next delivery period. 

PDMs are required for all new food items and shall be submitted 45 days prior to end of the current delivery period 

and the start of the delivery period in which the new items will be incorporated into the TOTM. If approved product 

technical requirements documents for new food items are not available to meet this requirement, PDMs shall be 

submitted within 30 days from the date the requirements document is published. Offerors shall certify that the PDM

(s) conforms to all specification/production description characteristics, or shall adequately describe any differences 

the PDM may have from the requirements of the product description or specification(s). Upon approval by DLA 

Troop Support, the New PDM will become the product standard. 

 

Replacement PDM: 

Any change to the manufacturing source of a component or change to a component's regulatory labeling shall be cause to submit 

six (6) replacement PDMs of said component to DLA. Replacement PDMs shall be submitted in the components finished 

product package including its finished product label. 

If it is determined by the contractor that any change in a product characteristic, other than changes to shape or 

dimension compatible with performance requirements, results in a product that is no longer comparable to the 

production standard, the contractor shall submit a replacement. If it is determined that any changes to shape or 

dimension impact on the ability to compare the new product to the production standard in terms of the performance 

requirements designated for appearance, odor, flavor, and texture, the contractor shall submit a replacement. The 

contractor shall submit a replacement PDM if determined necessary by the Government. Offerors shall certify that the 

PDM(s) conforms to all specification/production description characteristics, or shall adequately describe any 

differences the PDM may have from the requirements of the product description or specification(s). 

The contractor shall bear all expenses incidental to the submission of Replacement PDMs to Natick and their 

evaluations by Natick. 

 

The evaluation procedures described for use with the initial PDMs shall be used to evaluate Replacement PDMs. Upon 

approval by DLA Troop Support, the Replacement PDM will become the product standard.

 

Replenishment PDMs 

For the life of the contract, each June and December the awardee shall submit two finished final assembly cases from the most 

recent production lot offered to the Government to DLA. The evaluation procedures described for use with the initial PDMs 

shall be used to evaluate Replenishment PDMs. 

 

B-7 COMPONENT ITEMS 

 

Each menu is comprised of Contractor Furnished Material (CFM). The offeror must provide the CFM items that make 

up each menu. 

 

SECTION C - SPECIFICATIONS/SOW/SOO/ORD
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TECHNICAL DATA PACKAGE FOR TAILORED OPERATIONAL TRAINING MEAL 

 

The purpose of this ration is to provide an alternative operational training meal in lieu of “sack lunches” and catered 

commercial meals to organizations that engage in inactive duty training (IDT), such as the National Guard and the 

Reserves, for use in situations where employment of traditional operational ration meals is not mandated. 

The Tailored Operational Training Meal (TOTM) is a totally self-contained packet consisting of a meal packed in a 

flexible meal bag that is lightweight and fits easily into military field clothing pockets. TOTM employs commercial 

packaging to reduce costs. There are 3 sets of menus available. Each set is comprised of twelve different menus. Each 

case contains a total of twelve meals per case. The TOTM may also be easily adapted for disaster relief efforts. The 

net weight per case is approximately 20 lbs. and .95 cubic feet, while each pallet weighs approximately 1,023 lbs. and 

is approximately 52.7 cubic feet. 

Menus typically contain an entrée, a wet-pack fruit, a beverage base, a flameless heater, a dining kit, and other 

assorted components. 

NOTE: The government reserves the right to determine acceptability of pictorial utilization instructions and/or other 

graphics as required elsewhere in this document. In the event of multiple awards, and at the option of the government, 

in the instant procurement and in any future procurements, pictorial utilization instructions and/or other graphics 

submitted in accordance with these requirements may be used by the government, without attribution, restriction, or 

compensation to promote standardization of the TOTM. 

NOTE: ENTRÉE POUCHES AND MEAL BAGS SHALL BE IN ACCORDANCE WITH THE APPLICABLE 

REFERENCE SPECIFICATIONS. 

The objectives of the TOTM program are: 

1. To promote the “train as you fight” philosophy, while meeting the customers' budgetary needs. 

2. To serve as a training tool that will aid units in gaining familiarity with the preparation, usage, consumption, 

and disposal of a pre-packed meal similar to the MRE. 

C-1 NSNs/DESCRIPTION 

8970-01-628-7262, 8970-01-628-7264, and 8970-01-628-7266 

Meal, Tailored Operational Training (TOTM), Shelf Stable, lunch/dinner, individual, ready- to-eat, 12 

different meals per box. Unit of Issue: CS

C-2 Salient Characteristics 

A. A meal is comprised of a single bag. Each meal bag contains one of twelve different menus. An “accessory 

pack” may contain salt, pepper, confections, chewing gum, and a moist towelette. A 7-inch spoon (NSN 

7340-01-508-2742), dining packet and a Flameless Ration Heater (FRH) (NSN 8970-01-349-7049) are also included.

B. The shelf life is 18 months at 80° Fahrenheit. The contractor shall ship the TOTM with no less than 12 months 
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shelf life remaining. 

C. The contents of one TOTM meal bag shall provide approximately 1100 calories with a variance of +/- 100 

calories.

C-3 REGULATORY REQUIREMENTS 

A. All products shall comply with all applicable Federal and State mandatory requirements and regulations 

relating to the preparation, processing, thermoprocessing, packaging, labeling, packing, storage, and distribution of 

those products and with all applicable provisions of the Federal Food, Drug, and Cosmetic Act and regulations 

promulgated thereunder.

C-4 MISCELLANEOUS REQUIREMENTS 

A. Thermostabilized components, high-pressure processed components, hot-filled components, granolas, cheese 

spreads and flameless ration heaters shall be procured for the use in the TOTM in accordance with the requirements 

for procurement for use in the current MRE contracts and as modified in this solicitation. 

B. No lots or portions of lots intended for use in the MRE and subsequently withdrawn from offer or rejected due 

to failure to comply with the requirements for inclusion in the MRE program will be used in the TOTM.

C. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

1. As required by 48 CFR §246. 408-70, Subsistence; AR 40-657 / NAVSUP 4355.4H / MCO 

P10110.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service; DLAR 4155.3, 

Inspection of Subsistence Supplies and Services; Provision 52.246-9044, Sanitary Conditions; and as 

clarified by the Armed Forces Food Risk Evaluation Committee, all Operational Ration Food Components 

shall originate from establishments sanitarily approved for supplying the specific food item.

2. Sanitary approval is established by:

a. Listing in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed 

Forces Procurement (Worldwide Directory) as established by the U.S. Army Public Health Center (USAPHC) 

or 

b. An establishment specifically exempted from listing in the Worldwide Directory by AR 

40-657 / NAVSUP 4355.4H / MCO P10110.31H paragraph 2-15a(2)(a) through (i). 

3. This requirement applies to all Operational Rations and all Government Furnished Materiel 

(GFM) and CFM Operational Ration food components. 

4. Requests for inspection and Worldwide Directory listing by USAPHC will be routed through DLA 

Troop Support-FTR 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-FTR, in coordination with the Chief, Approved Sources Division, USAPHC.

5. In addition to the above, all producers of food components shall be listed in the Worldwide 

Directory, as determined by USAPHC.
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D. FOOD DEFENSE

1. The submission and implementation of a Food Defense Plan is required for this DLA Troop Support 

Subsistence contract. A Food Defense Plan shall be in existence prior to start of production. The plan shall address 

those areas of concern listed in the DLA Troop Support Food Defense Checklist applicable to the contractor's facility/

operation. To download a copy of the DLA Troop Support Food Defense Checklist, http://www.dla.mil/

TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx or contact the applicable DLA Troop Support Contracting 

Officer or the Quality Audits & Food Defense Branch (DLA Troop Support-FTSB). Submit Food Defense Plans to 

the applicable DLA Troop Support Contracting Officer. The Quality Audits & Food Defense Branch (DLA Troop 

Support-FTSB) is the only DLA Troop Support office authorized to review and approve Food Defense Plans. All 

Food Defense Plans are maintained and secured by FTSB.

E. INTEGRATED PEST MANAGEMENT PROGRAM REQUIREMENTS

1. Integrated Pest Management (IPM) Program Requirements for Operational Rations,” of April 2011 is 

applicable to this DLA Troop Support Subsistence contract, except as specifically exempted in Section E of this 

solicitation/contract. The IPM program shall be in existence prior to contract award. The IPM plan shall be submitted 

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

Support, unless specifically requested by the Contracting Officer. The contractor shall have these documents available 

for on-site review during a Pest Management Audit, Quality Systems Management Visit (QSMV), or Quality Systems 

Compliance Audit. Evidence of any insect, rodent or pest infestation discovered in contact with materials or 

equipment used in the production of or found in an end-item component or assembly lot shall be cause for rejection of 

the involved lot. DLA Troop Support shall be notified within 24 hours when such pest activity has been found and 

informed of the corrective actions taken. IPM program requirements are found on the DLA Troop Support website at: 

http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx 

F. Traceability Requirements

1. The ration assembler shall maintain records identifying the menu components used in packing and 

assembling each end-item lot. These records shall maintain traceability of components to the extent that a lot and a 

contract number of a component can be traced to an assembled end item lot. The system should also enable the 

assembler to list component contract numbers and lots within a particular end item lot. The assembled end item lot, 

usually one day's production, shall be clearly identified on the exterior of each case. In addition, the ration assembler 

shall maintain records of when and where assembled end item lots for a particular assembly contract have been 

shipped. The ration assembler shall provide the AVI (Army Veterinary Inspector) with a copy of the lot traceability 

records prior to government inspection of each assembled lot. Nonfood items are exempt from traceability 

requirements. 

2. The purpose of the above, is to maintain traceability of a component lot through the assembly operation, in 

depot storage and up to the customer's receipt of the TOTM ration. This is necessary in the event of a recall/

ALFOODACT for DSCP to isolate suspect product in the depot system and to notify customers of potentially 

hazardous product. 

 

SECTION D - PACKAGING AND MARKING
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D-1 PACKAGING: 

A. All other food components shall be filled and sealed into separate preformed or form-fill-seal 

packaging material containing gas and moisture barrier properties sufficient to provide the required shelf 

life. The color of the menu bag shall be transparent. The TOTM emblem, Minutemen emblem, Train As We 

Fight, and Contractor's name shall approximate the color of 15180, 25180, 15182, 25182, 15183, 25183, 

15187, or 25187 of FED-STD-595, Colors Used in Government Procurement.

B. Entrees, other components, and spoons shall be packed into meal bags fabricated of a minimum 7 

mils of linear low density polyethylene with surface print. The manufacturer's seal will be a peelable seal 

with seal strength of approximately 3 to 10 lbs. Labeling shall be as stipulated herein.

D-2 LABELING: 

A. All labeling shall be in accordance with FDA and USDA requirements.

B. Component items shall be labeled in accordance with the corresponding reference specification. 

C. TOTM meal bags shall be labeled in accordance with Figure 1.

D-3 PACKING: 

A. Thermostablized entrees and complementary components may be packed in accordance with good 

commercial practice for shipment to the assembly point.

B. The (assembled end item) shipping container shall be constructed in accordance with ASTM D5118 / 

D5118M, Style RSC, (minimum ECT44) corrugated fiberboard. The containers shall be closed in accordance 

with ASTM D1974 / D1974M. Adhesive or taping closure methods is acceptable.

D-4 MARKING: 

A. Shipping containers for assembled meal bags shall be marked in accordance with DLA Troop Support 

Form 3556, Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semiperishable 

Subsistence, with the addition of the following: 

TAILORED OPERATIONAL TRAINING MEAL 

MINUTEMAN LOGO 

TRAIN AS WE FIGHT 

NOTE: WATER ACTIVATED FLAMELESS RATION HEATER, NSN 8970-01-321-9153, SUPPLIED IN 

EACH TOTM MENU BAG. 

U.S. GOVERNMENT PROPERTY COMMERCIAL RESALE IS UNLAWFUL 

B. A placard shall be affixed to the outside of each Unit Load with the following markings:

TOTM (Training Meal) 

NSN 
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Number of shipping containers per load 

Gross Weight and Cube (including pallet base) 

Contract Number 

 

D-5 UNITIZATION: 

A. Assembled unit loads TOTM shall be stretch wrapped in accordance with Type III, Class G 

requirements of DSCP Form 3507. In addition, a top pad shall be applied 

B. The unit load height shall be no greater than 54 inches.

D-6 MISCELLANEOUS:

A. Entrée Identity in Menu Bag: The entrée pouches, sleeves or insert cards, as applicable, shall be packed into the 

menu bag so that the entrée can be identified in its entirety when performing the closed package inspection. As an 

alternative to this requirement, a pre-printed self-adhering 0.002 inch thick polyester label may be applied to the 

exterior of the menu bag identifying the entrée. Hand printed labels are not authorized. 

B. Assembly of Mixed Code Lots: Mixed lots are small quantities of components representing different lots. These 

lots may be received from CFM suppliers and/or may include component material from the salvage operation or other 

sources that has been determined to be conforming and authorized for use in assembly. Unit loads containing mixed 

code lots, shall be identified as such by the use of unit load marking panels. The unit load marking panels shall list all 

the lots contained on the pallet; they shall be affixed to two sides of the unit load. The assembler may periodically 

assemble the mixed lots into one lot. Mixed lot components shall be exhausted by assembling them into a final lot at 

least once every quarter but maybe assembled into two consecutive production days if not more than once a month. 

For the purpose of precluding residual mixed lot components, all mixed lots components in-house prior to the final 

week of scheduling assembly production, shall be used in final assemblies delivered under this contract. 

C. Commingling of Lots 

1. In order to facilitate lot traceability at the assembler's plant, the following is required: 

a. Assemblers shall assemble one component lot at a time, i. e., one component lot shall be used at each 

assembly line until it becomes necessary to place another lot of the same component on the assembly line to maintain 

assembly flow. 

b. Lot numbers and corresponding lot quantities shall be included on the shipping/receiving documentation, e.

g. DD Form 250. Thermostabilized items, water activity stabilized items and cheese spread shall also cite subcodes 

delivered. 

C.1 Mixed Code Lots 

1. In addition to the above, the following requirements shall apply to the shipment of "mixed code lots": 

a. A "mixed code lot" is defined as a lot consisting of small quantities of components representing different 

lots. These components usually accumulate as the result of sampling for the purposes of incubation, USDA standby 
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samples or for similar reasons. 

b. Unit loads containing mixed code lots shall be identified by the use of unit load placards. The placards shall 

list all the lots and the quantities of pouches/items within each lot contained on the pallet. The placards shall be 

affixed on two adjacent sides of the unit load. Lot numbers and corresponding lot quantities shall also be included on 

the corresponding shipping/receiving documentation, e.g. DD Form 250. 

c. Mixed code lots shall be periodically shipped to the assembler(s). Mixed code lots shall be shipped only 

when an entire unit load is completed of that single item or on a quarterly basis, whichever occurs first. Mixed code 

lot shipments may be less than a full unit load. 

d. When the quantity of components from one production lot is less than that needed to fill a normal shipping 

container, product from more than one production lot may be used to fill a case. However, product from one 

production lot may not be used to partially fill more than one case. When a shipping case contains product from more 

than one production lot, a placard will be placed on the outside of the case that indicates the lot number and quantity 

for each lot. 

C.2. Split Lots 

1. Origin manufacturers have the choice of shipping an entire shift's production equaling one lot as follows: 

a. The entire lot shall be shipped to only one assembler. 

b. Whole lots may be split in two (2) portions for separate shipments. 

(1) Split lot shipments may be shipped to more than one (1) assembler but not more than two (2) 

assemblers. 

(2) No lot shall be split into more than two (2) portions and splitting individual subcodes is prohibited. 

(3) Prior to splitting the lot for separate shipments, the lot shall be contractor and USDA inspected as 

one homogeneous lot. 

(4) The origin manufacturer assumes full liability for both portions of a split lot shipment. Therefore, in 

the event of a defect determination, recall, product investigations, and/or other negative findings, both portions of the 

lot will be representative of the entire homogeneous lot and any action taken with regard to one portion will be taken 

with regard to the other portion, regardless of where the product was assembled. 

Paragraphs (5), (6) and (7) pertain to CFM thermostablized components only. 

(5) Upon acceptance of the initial portion of a split lot, including inspection samples from the second 

portion of the homogeneous lot, receipt inspection of the second portion of the lot will be conducted for count, 

condition and identity at a minimum. 

(6) Associated lot shipping documentation will reflect split lot status and receipt inspection results. 

(7) Both portions of all split lots will be stored in approved facilities only. 
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 SECTION E - INSPECTION AND ACCEPTANCE

NOTE: The Quality Assurance Provisions cited in Section E of this solicitation are required for contractor, Army 

Veterinary, and USDA inspection. 

 

NOTE: FAR Clauses 52.246-2 and 52.246-11 are applicable to this solicitation/contract and shall be cited to properly 

enforce the Higher Level Contract Quality requirements. 

 

NOTE: In addition to any inspection requirements cited in solicitation/contract and/or prime documents, for 

thermostabilized items, high-pressure processed items, and hot-filled items, exclusive of cheese spreads, inspection 

for packaging, labeling and packing, and marking shall be in accordance with the Quality Assurance Provisions and 

Packaging Requirements for MIL-PRF-44073 and the Quality Assurance Provision contained in Section E of this 

solicitation. 

 

The following procedures will be used for inspection and acceptance. If there is a conflict between the inspection and 

acceptance procedures stated hereafter and those stated in Provision “9023 General Inspection Requirements”, then 

the procedures cited in addition to the General Inspection Requirements provision in the following inspection and 

acceptance procedures shall control. The inspection and acceptance procedures shall be as follows: 

 

E-1. Quality Assurance Provisions for Ration Assembler 

 

E-1-A. The word "contractor" as used herein, shall mean the ration assembly/sub assembly contractor to which this 

contract applies.

 

E-1-B. The contractor will have a quality assurance program that supports continuous improvement in accordance 

with the particular requirements applicable to the TOTM for final assembly of the TOTM ration and for component 

packaging.

 

E-1-C. Government verification inspection may be accomplished by utilizing smaller sample sizes provided 

sampling plans utilized do not increase producer's sampling risk as assessed by applicable (ANSI/ASQC Z1.4) 

operating characteristic curves. Contracting Officer approval must be obtained prior to skip lot and/or reduced 

inspection.

 

E-1-D. AVI inspection is required for the final assembly of TOTMs, i.e., menus and final cases. Regardless of the 

Government agency having jurisdiction upon ascertaining compliance to contractual requirements at the supplier's 

production/assembly facility, a USDA laboratory will perform all Government verification testing. 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 USDA laboratory.

 

E-1-E. When representatives of the U.S. Army Public Health Center are designated cognizance for the support of the 

Government's quality assurance requirements, the responsibilities and authorities cited in the regulations, command 

policies, etc. of the respective agency and those regulations, command policies, etc. to which that agency is subject, 

are applicable to the contract in conjunction with the quality assurance requirements of the contract.

 
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E-1-F. Plan for the Inspection Job (PIJ)

(A.) Prior to initiating production of supplies, the contractor must furnish information to and cooperate in the 

completion by the QAR of DLA Troop Support Form 3587 (Plan for the Inspection Job (PIJ)) which may include, but 

not necessarily be limited to, the following data or information: 

 1. Detailed production schedule. 

 2. Lot size, lot presentation, and sampling procedures and techniques. 

 3. Facilities to be provided Government personnel. 

 4. Name(s) and title(s) of authorized contractor representatives. 

 5. Agreement that the cognizant quality assurance service will be notified in advance of each 

 day's production so that arrangements can be made by the Government to have Quality 

 Assurance Representatives (QAR) available. 

 6. Procedures for notification of critical defects, ex. swellers, leakers and/or excessive amounts of defects being 

found. 

(B.) The PIJ prepared by the QAR is deemed complete and approved for the production of supplies as described 

therein when dated and signed by the contractor and the QAR. A copy of the completed and signed PIJ and 

subsequent revisions shall be submitted to DLA Troop Support -FTSB. Preparation of this document may require 

preproduction/post-award conferences between Government and contractor representatives. The contractor shall sign 

and date the PIJ to signify agreement to all terms and conditions therein. Production of supplies shall not commence 

until the document is signed by both parties. The document may remain in effect for subsequent contracts provided it 

is reviewed (revised as necessary) at quarterly intervals, initialed and dated by the contractor and the QAR to certify 

currency. The document shall be revised/amended prior to production of new items not included in the basic 

document or whenever significant changes occur in contractual inspection documents that necessitate modification. 

When signed by both the contractor and the QAR, the PIJ document is contractually binding. Failure of the 

contractor to comply with the document will be reported by the QAR to the contracting officer for appropriate action 

for noncompliance with the inspection requirements of the contract. However, occasional minor deviations from the 

scheduled production hours or lot size(s) cited in the PIJ may be approved by the QAR for cogent reasons. The 

contractor shall make no changes in the approved PIJ document without submitting a written request detailing the 

change and receiving written approval from the QAR. In the event the contractor and the QAR cannot agree on any 

detail of the content of the document, the QAR shall refer the conflict to the contracting officer for resolution. 

 

 

E-1-G. For Entrees and Components (including Packaging and Packing Materials): 

 Contractor is responsible for receipt inspection at assembly plant for all items to include, as a minimum, 

compliance with the applicable requirements. Any evidence of insect or rodent infestation, foreign material, or 

contamination shall be cause for rejection of the entire production lot. 

 Receipt examinations for pouch integrity shall be performed in accordance with origin filled and sealed pouch 

examination criteria for each production lot of product packaged in accordance with MIL-PRF-44073. Receipt 

examinations for pouch integrity shall be performed in accordance with PCR-C-039, part E-6,A,(3), Filled and sealed 

pouch examination. Samples for receipt inspection shall be selected throughout the lot at the destination point 

(applicable for entire lots or split lots). Mixed code lots as defined in Section D of this solicitation will be considered 

as a single lot. Receipt inspection for pouch integrity of entire production lots or split lots from the origin producer to 

their own assembly plant located within the same state should be performed at their option. 

 

E-1-H. Inspection and Acceptance for the Assembled TOTM:

 

a. Inspection and acceptance shall be at origin (assembler). 

 

b. In the event the Government determines the product to be unsatisfactory, it shall have the rights provided in the 

Supply Warranty Clause. A valid quality complaint affecting the serviceability of the product, resulting from this 
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procurement may be used as a factor in a determination by the Contracting Officer as to the responsibility of the 

contractor as supplier for future procurements. 

 

c. In lieu of performing the inspections cited in E-1-J-1. Meal Bag Inspection, E-1-J-2. Shipping Container 

Inspection, and E-1-J-3. Traceability Examination, the contractor may offer a Certificate of Conformance (CoC) as 

contractor's verification of conformance. 

 

E-1-J-1. Meal Bag Inspection

 

Meal bag examination. The filled and sealed meal bags shall be examined for the defects in Table I. The lot size 

shall be expressed in shipping cases. The sample unit shall be one filled and sealed meal bag. The inspection level 

shall be S-2 and the AQL expressed in terms of defects per hundred units shall be 2.5 for major defects and 6.5 for 

minor defects. The finding of any critical defect shall be cause for rejection of the lot. The sample meal bags shall be 

selected from shipping containers, which have been filled and sealed. The inspection sample shall contain a 

proportionate amount of each of the menus.

 

TABLE I: TOTM Meal Bag and Component Package Defects: 

 

 CATEGORY: 

CRITICAL MAJOR MINOR DEFECTS: 

 

1 Swollen pouch. 1/ 

 

2 Tear, cut, hole, or if a multi-layered laminate is 

 used, abrasion 

 through one or more layers in the pouch material or 

 leakage through any seal. 1/ 

 

 101 Menu component missing or incorrect assortment 

 for menu package 2/ 

 

 102 Meal bag not clean or outer packaging of its 

 contents not clean. 3/ 

 

 103 Foreign odor. 

 

 104 Swollen pouch. 4/ 

 

 105 Tear, hole, puncture, or open seal in 

 component packaging 4/ 

 

 106 Broken spoon. 

 

 201 Meal bag labeling missing, incorrect 

 

 202 Tear, hole, open seal, or split in meal bag 

 

 203 Labeling missing, incorrect or illegible for 
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 components. 

 

1/ Applies to cheese spreads, thermostabilized, high-pressure processed, and hot-filled-items.

 

2/ A missing entrée shall be cause for rejection of the lot.

 

3/ Outer packaging shall be free from foreign matter, which is unwholesome, has the potential to cause package 

damage (i.e., glass, metal filings, etc.), or generally detracts from the clean appearance of the package.

 

4/ Starting at seal rim to form a continuous 1/16 inch seal completely closed and void of air gaps. Applicable to other 

than thermostabilized/high-pressure processed/hot-fill items.

 

E-1-J-2. Shipping Container Inspection

 

Shipping container examination. The filled and closed shipping containers shall be examined for the defects in Table 

II. The lot size shall be expressed in shipping cases. The sample unit shall be one shipping case. The inspection 

level shall be S-2 and the AQL, expressed in terms of defects per hundred units, shall be 4.0 for major defects and 

10.0 for minor defects.

 

 

TABLE II: TOTM Shipping Container Defects: 

 

CATEGORY: 

CRITICAL MAJOR DEFECTS: 

 

 1 Less than 12 meals in a case. 1/ 

 

 101 Marking omitted, incorrect, illegible, or improper 

 size, location sequence or method of application. 

 

 102 Inadequate workmanship 2/ 

 

1/ Less than 12 meals in a case shall be cause for rejection of the lot.

 

2/ Inadequate workmanship is defined as, but not limited to, incomplete closure of container flaps, loose strapping, 

inadequate stapling, improper taping, or bulged or distorted container.

 

E-1-J-3. Traceability Examination

Each lot of assembled rations shall be examined to determine compliance with lot traceability requirements prior to 

shipment. The examination shall be accomplished by using the same sampling plan and samples examined under 

clause “E-1-J-1. Meal Bag Inspection.” AQLs are not applicable for the traceability examination. The component 

lot numbers are recorded from the samples and compared against the lot traceability records provided by the 

assembler. A defective component lot number is a code which does not correlate with traceability records. Missing 

or illegible component lot numbers are not to be scored as defects unless there is reason to believe that the component 

represents a lot other than a lot listed by the traceability records. The finding of any defect will be cause for rejection 

of the lot. 

 

E-1-K. Subcontracts
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 (1.) The contractor agrees that the Government shall have the right to perform a source inspection of components 

to be used in the manufacture of the supplies covered herein whenever the contracting officer deems such an 

inspection appropriate; where source inspection requires the additional consent to inspection from subcontractor, the 

contractor agrees to obtain such consent. 

 

 (2.) In addition to obtaining consent to inspection from subcontractors, the prime contractor agrees to stipulate the 

applicable inspection provisions cited in paragraphs E-1, E-2, E-3, E-4, and E-5 as requirements in the contract(s) 

with the subcontractor(s). 

 

 (3.) The prime contractor shall furnish with his offer a written certificate to the contracting officer as to the name 

of the subcontractor(s) utilized, including location and item procured. This includes the suppliers of the flameless 

ration heaters and packaging and packing materials requiring source inspection by the DCMA Quality Assurance 

Representatives. In the event the listing needs to be revised after award is made, the prime contractor shall furnish a 

revised listing to the Contracting Officer. 

 

 (4.) The prime contractor shall be responsible for the performance of all subcontractors. The prime contractor 

shall impose the responsibility for quality control, inspection, and providing inspection records on subcontractors, as 

required to insure compliance with specifications and conformance to contract requirements. Such inspections shall 

be accomplished by contractors, subcontractors, or when required by the applicable federal inspection agency at 

contractor or subcontractor expense. However, to the extent that the offeror does propose to utilize subcontractors for 

the performance of this contract, determination by the Contracting Officer of the prospective subcontractor's 

responsibility will be necessary in order to determine the responsibility of the offerors; and this determination of 

responsibility shall be based on the same factors as are applicable to the determination of the responsibility of the 

offeror. 

 

 (5.) To enable the contracting officer to make a determination of responsibility, each offeror must furnish with his 

offer the name and address of each subcontractor from whom it proposes to obtain the component(s). 

 

 

E-2. Quality Assurance Provisions for Ration Component Production Plants and Ration Sub Assembly and 

Assembly Plants Where Government Quality Assurance Representative is Responsible for Performing 

Government Source Inspection 

 

E-2-A. Packaging and Packing Materials

Packaging components (e.g., fiberboard shipping boxes, cartons, rollstock, preformed pouches, packets, accessory and 

menu sub-assembly-pack bags, material & menu bags, strapping materials, fiberboard caps, adhesive, tape) are 

subject to the Certificate of Conformance FAR Clause 52.246-15. The Government QAR shall have the 

responsibility for verifying COCs as necessary. Any inspections required by the specifications may be performed by 

the Government to assure compliance with the specifications. FAR Clause 52.246-15 shall also apply to bond 

strength tests on retort pouches. 

 

E-2-B. General Inspection (Examination/Testing) Requirements

(A.) When contractor determines as a result of his inspection(s) or QSP, or is informed by the QAR as a result of 

verification inspection, that the supplies do not conform to contractual requirements, he has the following alternatives: 

 1. Produce and inspect a new lot. 

 2. Screen or rework and reoffer conforming supplies (provided screening or reworking is not detrimental to the 

product and does not conflict with other requirements, e.g. time, temperature, etc.) See "Rework of Nonconforming 

Product Pre or Post Acceptance" for applicable situations. 

 3. Request the Contracting Officer to consider acceptance of the nonconforming supplies in accordance with 

paragraph "Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of Nonconforming 
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Supplies". 

 4. When valid technical reason(s) exist for suspecting the verity of the inspection results, request the Contracting 

Officer's permission to reinspect the supplies without screening or reworking. The request must be made in writing in 

accordance with paragraph "Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of 

Nonconforming Supplies". Any lot with one or more valid critical/major A defect(s) will not be reinspected without 

reworking or screening of all units. Examples of valid technical reasons are: 

 A. After finding the lot nonconforming for net weight, it is discovered that the scales used for the inspection 

were out of adjustment or 

 B. After finding the lot nonconforming for a chemical test characteristic, it is discovered that a chemical used in 

the analysis has deteriorated or had not been properly prepared. 

 

 (B.) The contractor may petition the Government (through the Contracting Officer) for skip lot or a reduction in 

verification inspection at such time that the contractor believes his quality program is fully acceptable and reliable. 

There will be no "skip lot" or "reduced" inspection option for critical defects. 

E-2-C. Government verification inspection and testing (conducted by the GQAR or Government laboratory) 

shall be withheld, at a minimum, until the contractor's completed inspection results are presented to the Government's 

Quality Assurance Representative (GQAR). Unless otherwise authorized, in writing, by the contracting officer, the 

GQAR and/or Government laboratory shall not perform Government verification inspection/testing unless the 

contractor's lot submittal package (inspection/test results-including analytical testing) provided to the GQAR indicates 

conformance to ALL contractual requirements

 

E-2-D. Operational Ration Component Lot Number and Lot Inspection

 The component lot number for thermally processed (retorted), high-pressure processed, and hot-filled products 

packaged in flexible pouches shall be defined as the Julian lot number assigned at the origin manufacturer's plant and 

the inspection lot shall include only product produced in one work-shift. For products packaged in tray pack 

containers (metal/poly) and other products (including the FRH and final assembled lots), a lot number is defined as 

the quantity of finished product produced/assembled within a production day (Julian date) and the inspection lot shall 

include product produced in no more than one production/assembly day. The Government QAR reserves the right to 

separate an inspection lot into smaller inspection lots. The Sample for Government and contractor's end item lot 

inspection may be drawn after all units comprising the lot have been produced or samples may be drawn during 

production of the lot. If stratified sampling is utilized (drawing sub-samples from each sub-lot/sub-code during 

production of the lot), the sub-samples must be drawn at random from the sub-lot and not inspected until all the subsamples are combined to make-up the complete sample for the applicable lot size (the formation of the lot and lot size 

is defined as the manner in which the lot is to be presented for Government end item verification inspection). 

 

E-2-E. Alternative Skip-Lot End-Item Inspection Requirements for Government End-Item Verification Inspections 

for Operational Rations. 

 The “Procedures for Alternative Skip-Lot End Item Inspection Requirements for Government End-Item Verification 

Inspections for Operational Rations”, dated March 2001, are applicable to current and future contracts. The switching 

procedures cited in ANSI/ASQ Z1.4, Sampling Procedures and Tables for Inspection and Attributes shall not be used 

for Government verification inspections. For products requiring a drained weight examination, the following is also 

required: The contractor shall provide the Government Quality Assurance Representative (GQAR) a copy of the 

current production standard (PDM/First Article) formula (including ratios of ingredients), and formulation records for 

each production lot submitted for Government end item verification inspection. The GQAR shall initiate skip-lot 

inspection based on Government verification inspections results of each product and notification that the contractor's 

Quality System Plan (QSP) was rated acceptable by DLA Troop Support - FTSB. The Government verification 

inspection may be further decreased (e.g., skip-lot inspection frequency 1 in 6, 1 in 10, etc.) by the Contracting 

Officer if he/she determines that this is in the best interest of the Government or he/she may discontinue skip-lot 

inspection for Government verification inspection if it is determined that skip lot is not in the best Interest of the 
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Government. 

 The sampling plans switching procedures cited in ANSI/ASQ Z1.4, Sampling Procedures and Tables for Inspection 

and Attributes, are authorized to be used only by the contractors during the performance of contractor's end item 

verification inspections. Producers using the switching procedures, cited in ANSI/ASQ Z1.4, during the performance 

of their end item inspections must train personnel and follow all of the switching rules cited in the standard. As 

indicated in the standard, the sampling scheme is a combination of sampling plans with switching procedures, and 

each sampling plan has its own set of rules by which a lot is to be inspected and accepted or rejected. Samples may 

be drawn after all units comprising the lot have been produced or samples may be drawn during production of the lot. 

However, for those contractors that are using stratified sampling (drawing subsamples from each sublot during 

production of the lot), the subsamples must be drawn at random from the sublot and not inspected until all the 

subsamples are combined to make-up the complete sample for the applicable lot size (the formation of the lot and lot 

size is defined as the manner in which the lot is to be presented for Government end item verification inspection in 

accordance with paragraph “Operational Ration Component Lot Numbers”). All other inspection procedures must be 

reviewed by the GQAR, included in the QSP, and approved by the Contracting Officer. The producer's end item 

verification inspection results must be well documented and the GQAR must be informed in advance of the specific 

switching procedure (normal, tightened, reduced) being utilized for each product qualified under the standard. 

 

E-2-F. 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 Inspection (Receipt, In-Process 

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

prior to the initial Government inspection of the lot 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.

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 only inspect the supplies for compliance with all 

requirements of the contract, except the waived requirement. The Contracting Officer, in special circumstances, may 

request nonconforming supplies to be inspected by the GQAR, after the waiver for the nonconforming requirement 

has been provisionally approved, to determine severity of nonconformance only. Due to the type of statistical 

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

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

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

Government inspected at the next higher sample size.

B. The Following Reworks Must Be Coordinated with the Supervisory GQAR and, As Required, Approved by 

the Applicable DLA Troop Support-FTR Office. 

 1. Insect or Rodent Infestation/Contamination: 

 (a) All corrective actions performed on product due to evidence of insect or rodent activity must be approved by 

FTR. NOTE: In addition to FTR approval, approval by the cognizant regulatory agency, FDA and or USDA-FSIS, is 

required. 
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 (b) Any product that is offered to the Government that has been produced using a bulk product or an ingredient 

product lot(s) that has, at any time, been identified as containing or having contained evidence of insect or rodent 

activity must be approved by FTR. When product is presented for Government verification, the Government QAR 

must be informed and provided documentation identifying the evidence of insect or rodent activity and all corrective 

action taken to render the bulk/ingredient product serviceable. 

 2. Food Safety and Foreign Material: 

 a) All corrective actions performed on product due to foreign material and/or processed/ unprocessed container 

mix-ups must be approved by FTR. FTR approval may be accomplished by means of one the two following methods, 

the methods being subject to change as determined by the contracting officer to be necessary for determining FTR 

approval: 

METHOD 1: 

All corrective actions performed on product due to foreign material and/or processed/ unprocessed container mix-ups 

shall be submitted by the contractor to the GQAR for review and acceptability determination. 

 

If the GQAR determines that the corrective action plan is acceptable, the contractor shall submit a “foreign material 

notification” or “unprocessed container notification” to FTR, prior to offering the lot for Government inspection. The 

notification shall include the corrective action plan, the GQAR's recommendation pertaining to the plan, and 

supporting documentation. FTR shall issue written authorization for offer of the lot for Government inspection. 

 

If the GQAR determines that the correction actions are not acceptable and GQAR and the contractor cannot agree to 

an alternate plan for remediation, the contractor shall submit a corrective action/remediation plan and supporting 

documentation to FTR for resolution. 

Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP, Section XII - Corrective and Preventive Action Program. (see E-2-F, B, 6). SRPs may be 

referenced, as applicable, in the corrective action plan that he contractor provides for a specific instance (along with 

any relevant specific details). 

 

All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform to 

the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). It shall be the 

responsibility of the contractor to present to the GQAR and DLA verification of conformance to the applicable 

agency's regulations. 

 

It is recommended that the GQAR be notified as soon as possible if and when incidents involving the finding by the 

contractor of foreign material in product and/or product ingredients occur. 

 

METHOD 2:

The contractor shall submit a corrective action plan and supporting documentation to FTR for resolution. 

 

Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP, Section XII - Corrective and Preventive Action Program. (see E-2-F, B, 6). SRPs may be 

referenced, as applicable, in the corrective action plan that he contractor provides for a specific instance (along with 

any relevant specific details). 

All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform to 

the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). It shall be the 

responsibility of the contractor to present to DLA verification of conformance to the applicable agency's regulations. 

 

It is recommended that the GQAR be notified as soon as possible if and when incidents involving the finding by the 

contractor of foreign material in product and/or product ingredients occur. 
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 (b) The GQAR shall be notified, and documentation provided, when any finished product intended (or initially 

intended) to be offered to the Government has been produced using a bulk product or ingredient product lot(s) (or 

portion thereof) that has, at any time, been identified as containing or having contained foreign material. The 

documentation shall identify the foreign material and all corrective actions taken to render the bulk/ingredient product 

serviceable, including, but not limited to segregation and removal of portions of the bulk/ingredient product. The 

GQAR shall determine if the corrective actions taken render the bulk/ingredient product serviceable. If the GQAR 

agrees that the corrective actions taken render the bulk/ingredient product serviceable, the contractor shall submit a 

notification, to include the corrective action plan and supporting documentation, to FTR prior to offering any related 

finished product lots for Government inspection.

 

When the GQAR determines that the actions taken do not render the bulk/ingredient product to be serviceable and an 

alternate plan for remediation cannot be agreed upon by the GQAR and the contractor, the contractor shall submit a 

corrective action plan and supporting documentation to FTR for resolution. 

 

Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP Section XII - Corrective and Preventive Action Program (see E-2-F, B, 6). These SRPs may be 

referenced, as applicable, in the corrective action plan that the contractor provides for a specific instance (along with 

any relevant specific details). 

 

All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform to 

the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). It shall be the 

responsibility of the contractor to present to the GQAR and to DLA verification of conformance to the applicable 

agency's regulations. 

 

It is recommended that the GQAR be notified as soon as possible if and when incidents involving the finding by the 

contractor of foreign material in product and/or product ingredients occur.” 

 

 (c) 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. 

 (d) Retesting/reinspection/rework of product that tested positive for food borne pathogens is not authorized. 

 (e) These requirements are in addition to applicable Code of Federal Regulations or other regulatory 

requirements (USDA-FSIS, FDA). 

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 (critical defects only) noted during 

the producer's end item inspection, the Government's final lot end item verification inspection, the Government's or 

assembler's receipt inspection, or noted when the established action number/level (as cited in the contractor's QSP) is 

exceeded during the in-process assembly operation must be approved by the applicable contracting officer, unless a 

100% container rework of the entire lot is conducted at source or at the assembler. All containers exhibiting the same 

or other container integrity defects must be removed during the 100% container rework and noted on the rework 

paperwork. Reworked lots will be inspected or re-inspected, as applicable, by the GQAR at the location of the rework 
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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 contracting officer. 

5. Nonconformances Noted During Government Inspection for End Item Compliance: All rework requests 

submitted for defects noted during Government inspection for end item compliance must be approved by the 

applicable contracting officer, unless exempted under paragraph 3 above.

 6. For reworks requiring the Government's approval, 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, FTSB, and approved 

by the applicable contracting officer.

 7. If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days 

from date of initial rejection.

 8. 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 Reinspection of 

Nonconforming Supplies”. 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.

 

 

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.

 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 pouch 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 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.

 

E-2-G. Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of Nonconforming Supplies

 

(A.) When the requirements cited in the section of this solicitation entitled “Rework Of Product Pre or Post 

Acceptance” require that a written request for deviation, waiver, rework, or reinspection must be furnished, as 

appropriate, to the Contracting Officer and cognizant Government QAR, that request shall at a minimum contain the 

following: 

 1. Contractor's name and address. 

 2. Contract number, lot number(s), and quantity. 

 3. Item nomenclature and NSN, whether a component or end item. 

 4. Specification number, table/paragraph number, sample size, AC/REJ number(s), defect number(s), number of 

defects. Identify the pouch codes of defective units. 

 5. Classification of defects: Critical _____ Major ______ Minor _____ 

 6. Cause of nonconformance or deviation, and corrective and preventive action. 

 a) State the root cause of the deficiency. 
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 b) State the corrective action and the preventive action contractor has taken/will take to preclude recurrence. 

 c) If preventive action is not possible, state why. 

 7. If deviation/nonconformance is of a recurring nature, the frequency of occurrence and date/contract/lot number 

of last occurrence. 

 8. Effect on cost/price. 

 9. Effect on delivery schedule. 

 10. Full justification for request for deviation, waiver, rework or reinspection. 

 11. Submit in-process data (MPC,SPC) and contractor and Government end-item records for the 

 involved lot(s). Submit retort records, copy of process schedule and letter from Processing 

 Authority if a process deviation. 

 12. Applicable to the defect found or class of defects for critical defects, identify the situations 

 where the lot exceeded control limits (out-of-control, exceeded action level or number) 

 according to in-process records (MPC, SPC), and identify the corrective actions taken for each 

 instance. 

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

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

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

Government inspected at the next higher sample size. 

(B.) When a valid technical reason for reinspection 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 reinspection by means of 

recognized statistical methods. 

 1. If the statistical tests reveal no significant difference between the results of the two inspections, acceptability will 

be based on reinspection 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. 

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

will be reported to the Contracting Officer. 

 A. 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. 

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

requirement is a unit (attribute) requirement. 

 

E-2-H. Reliability Conditions

(A.) The Government may perform verification inspection (examination, testing or both) to assure that the inspection 

performed or certificates furnished by the contractor are reliable. Initially, the amount of verification inspection may 

equal the amount of inspection performed by the contractor. It is the intent of the Government to be able to rely on 

the contractor so that the amount of verification may be reduced accordingly. In the event the Government 

determines by means of verification inspection, surveillance of the contractor's inspection activity, or the submission 

by the contractor to the Government of nonconforming supplies that the contractor's inspection results or certificates 

from any plant are not reliable, the Government reserves the right to increase the rate or amount of verification 

inspection to and including full lot-by-lot inspection and to charge the contractor for the costs incurred for any or all 

Government examinations and tests performed on supplies from the plant/plants determined to be unreliable after 

such time as the contractor is advised in writing of the particular inspection concerning which his unreliability is 

established. In addition, the Government reserves the right to sample and inspect for compliance with contract 

requirements all supplies produced for the Government remaining in the contractor's facilities at the time of 

notification in an other than reliable status, even though said supplies may have been produced prior to receipt of 

notification. It is to be especially noted that the Government is contracting for a complete and reliable inspection 

system as well as a product conforming to all requirements of the contractual document(s). When any element of the 

contractor inspection system (a particular test or examination of the end item or component) has been determined to 

be unreliable, the Government reserves the right to consider the inspection system as a whole unreliable, and to return 
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to full lot-by-lot verification (and charge therefore) for each and every examination and test. Examination and testing 

by the Government and charges to the contractor will continue until such time as the contractor's reliability is again 

established to the satisfaction of the Contracting Officer. Evaluation of contractor's examination results and review of 

test results will be accomplished by the Government Quality Assurance Representative (GQAR). Final evaluation of 

contractor's test results will be accomplished by the applicable DLA Troop Support Operational Rations Office and 

DLA Troop Support - FTSB, Subsistence Supplier Operations Directorate. 

(B.) The GQAR may perform verification inspection on any of the lots presented by the contractor to determine if the 

inspection results reported by the contractor are a reliable indication of product quality. Verification inspection 

results may be compared with product acceptance criteria set forth in the contract and/or with contractor inspection 

results for the purpose of determining if verification inspection performed by the GQAR may be reduced. This 

reduction in Government verification inspection may be effected through less frequent inspection (skip lot/modified 

skip lot), reduced severity of inspection, or both. Contracting Officer's approval must be obtained before switching 

the degree of inspection severity to reduced inspection even though all criteria have been met. 

(C.) Unless otherwise specified in the contract, verification inspection performed by the GQAR will be in accordance 

with the specification Quality Assurance Provisions regardless of any approved alternative procedures employed by 

the contractor. 

(D.) Unless otherwise specified, when the contractor inspection results have been determined to be unreliable, the 

next determination as to reliability will be made: 

 1. For examination characteristics. After the production and examination of not less than three or more than five 

lots. 

 2. For test characteristics. After six day's production or after the number of days necessary to produce and test six 

inspection lots, whichever is greater. 

NOTE: During the period the contractor's test system is considered unreliable, supplies will be accepted or rejected on 

the basis of Government laboratory test results. 

 3. For Certificate of Conformance. After two inspection lots of component items, except that return to a reliable 

status will be based on conformance of a component item to requirements if inspection results are not submitted by 

the contractor. 

(E.) After a contractor has been notified that his inspection system has been found to be unreliable, the status or 

unreliability will continue until the Government notifies the contractor that a reevaluation has been completed and the 

results indicate that the inspection system is considered as regaining a reliable status. In addition to the requirements 

in the immediately preceding sub-paragraphs (D) 1, 2, or 3, time will be required by the Government to review the 

contractor's results by the evaluators, complete verification inspection, perform statistical analysis, and to notify the 

contractor. The contractor will be charged for costs incurred by the Government for inspecting lots (including costs 

associated with sampling) used for evaluating reestablishment of an acceptable inspection system status. 

(F.) Whenever considered necessary as an aid in determining reliability of contractor inspection, the Government will 

determine, by the use of recognized statistical methods, if there is a significant difference between inspection results 

furnished by the contractor and the results of verification inspection. 

(G.) Supplies, which have been found nonconforming by the contractor, may be subjected to special Government 

verification examination of the lot or lots in question. The verification examination results for each such lot so 

selected will be compared with the contractor's results using the lot-by-lot comparability determination procedure for 

reliability only and shall not be used for acceptance or rejection of production lots. 

(H.) In the event the Government elects not to perform verification inspection prior to delivery and acceptance, 

payment will not be delayed provided the contractor's inspection results indicate the end item and components 

(including packaging, unitization, packing, labeling and marking materials) conform to the specification requirements, 

and further provided that said results are presented in the manner prescribed herein. 

(I.) Normally, verification inspection will be performed on a stationary lot basis, regardless of physical location, at 

any time prior to acceptance. Warehousing charges for labor, reconditioning, and any other such costs incident to 

sampling for examination and/or testing will be borne by the contractor, except when examination is performed at a 

point other than the premises of the contractor, sub-contractor or contractor's freezer or warehouse. 

(J.) Conformance of supplies, or parts thereof, will be determined in accordance with the applicable specification 

tolerances, acceptable quality levels and sampling procedures contained in the contract except as provided herein. at 

destination, the original inspection lots need not be reconstituted. For sampling purposes, supplies delivered under 
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the contract may be grouped to form lots. The size of the sample will be determined by the sampling procedures 

specified in the contract for the quantity of supplies on which action is proposed. Whenever the contract does not 

provide criteria to determine the number of sample units, the number of containers selected for appropriate number of 

sample units, the number of containers selected for sampling will be the square root of the number of containers in the 

lot. Frozen product may be inspected for determination of compliance with all terms of the contract. If necessary, the 

product or samples, as appropriate, may be defrosted to the extent required to accomplish this inspection. At origin, 

the contractor will employ a procedure for identifying the inspection status of material before, during, and after 

processing. 

(K.) The contractor's inspection system will be considered unreliable if a statistical comparison of contractor and 

Government inspection results indicates noncomparability. The noncomparable status will serve to notify the 

contractor of the significant disparity between the Government verification results and the contractor's results without 

either result indicating nonconformance. The Contracting Officer and/or GQAR will notify the contractor when his 

inspection system is considered unreliable and change inspection system status to unreliable. The Contracting Officer 

and/or GQAR will notify the contractor of any change in the inspection system status and of all reevaluations, 

whether or not a change in the inspection system is applicable. 

(L.) The contractor's inspection system will be considered unreliable when the Government inspection results 

indicate nonconforming product and a significant difference is observed between the contractor and verification 

inspection results. The Contracting Officer and/or GQAR will notify the contractor of any change in the inspection 

system status and of all reevaluations, whether or not a change in the inspection system is applicable. 

(M.) Standby inspection samples. The Government reserves the right to withdraw and hold, for inspection purposes, 

standby samples of components or finished products or both. Samples not used will be returned to the contractor. 

(N.) The contractor may be liable for certain inspection costs for examination or tests (for end item or components, 

separately) performed by the Government. 

(O.) When the contractor is liable for costs, as defined by this contract, the following will apply: 

 1. The GQAR will notify the contractor in writing when the contractor's inspection system is determined to be 

unreliable. A copy of this letter containing the reason(s) for such determination will be forwarded through the 

appropriate CQAE(s) to the PCO(s). During the period of unreliability, the GQAR will submit weekly reports of 

applicable inspection costs, including travel expenses, through the CQAE(s) to the PCO(s) for review and collection. 

Inspection costs will be computed at the rate of $35.00 per hour. Hours will be computed based on total hours for all 

inspectors used to perform inspection (i.e., three inspectors at three hours each = nine hours total). Actual travel 

expenses will be determined in accordance with applicable travel regulations. Upon reestablishment of reliability the 

GQAR will notify the contractor in writing and submit a copy of this letter, along with a final report of examination 

costs, through the CQAE(s) to the PCO(s). The contractor may appeal the assessment of examination costs in writing 

to the PCO stating full justification to refuse these costs. The PCO will provide a written decision on the appeal to the 

contractor. Assessment of examination costs will be based upon the dates of GQAR notification to the contractor. 

 2. The contracting officer will notify the contractor in writing when the contractor's test system is determined to be 

unreliable. The GQAR and the DLA Troop Support Quality Assurance will report applicable costs/charges related to 

Government sampling and testing to the contracting officer for collection. 

 3. Costs devoted to actual travel time will be computed at the current authorized hourly rate, computed to the 

nearest quarterly hour increment. 

 4. Laboratory testing costs will be assessed at cost. 

 5. Warehouse cost. Warehouse labor costs as reported by destination will be assessed at cost. 

 6. Miscellaneous expenses. Related expenses which can be reasonably computed will be assessed at actual cost. 

 7. The contractor shall be liable for Government costs (i.e., man- hours, travel, per diem, administration, etc.) 

incurred as a result of the failure of the contractor to notify the inspection service of change(s) in production schedule. 

Costs will be computed and reported by the GQAR as detailed above. 

 

 

E-3. Quality Assurance Requirements for Thermostabilized Components, High-Pressure Processed 

Components, Hot-Filled Components, Granolas, Cheese Spreads, Flameless Ration Heater, and Ration 

Components Containing Dairy Ingredients. 

 
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E-3-A. Thermostabilized, High-Pressure Processed, Hot-Filled, Granola, Cheese Spread, and Flameless Ration 

Heater Ration Components.

 

E-3-A-1. Higher Level Quality Requirements - Documented Quality Systems Plan (QSP)

 

The contractor shall model the documented QSP after ISO/ANSI/ASQ 9001, a system that meets other recognized 

industry quality standards, or a process control system that is equivalent to or better than ISO/ANSI/ASQ 9001. The 

contractor shall identify the quality standard used to model their QSP. If the contractor proposes an alternate (i.e., 

non-standard) process control system, this shall be clearly stated in the QSP. Some contractors may have third party 

certification of their quality system, which the private sector devised to administer the ISO series standards. However, 

certification by any third party, to include Government certifications, is not required. Whether or not contractors want 

to use third party certification is completely optional on their part. Although certification information may be 

provided as documentation and evidence to support the system proposed by the contractor, third party certification/

registration documentation is not a substitute for government quality assurance with regard to components used in the 

operational ration programs. Regardless of the standard or non-standard document used to model the documented 

QSP, the documented QSP shall address, at a minimum, the following elements (within each section of the element 

the contractor shall provide the information and address the questions, as applicable, listed in Operational Rations 

Quality Systems Audit Workbook I: Documented QSP Evaluation Guideline): 

 

 QSP General Outline

 

I. MANAGEMENT RESPONSIBILITY AND QUALITY SYSTEM DESIGN

II. TRAINING

III. DOCUMENT AND DATA CONTROL AND CONTROL OF QUALITY RECORDS

IV. CONTROL OF INSPECTION, MEASURING, AND TEST EQUIPMENT

 (IAW NCSL Z540.3 or ISO 10012) 

V. CONTROL AND PROTECTION OF PRODUCT

 1. Handling, Storage, Packaging, Preservation, and Delivery Program 

 2. Product Identification and Traceability Program 

 3. Inspection and Test Status and Records 

 4. Control of Nonconforming Material/Product 

VI. CONTRACT REVIEW, PURCHASING AND CONTROL OF CUSTOMER-

 SUPPLIED PRODUCT (Government-furnished material) 

VII. RECEIPT INSPECTION AND TESTING

VIII. IN-PROCESS AND PROCESS INSPECTION AND TESTING:

 1. Manufacturing Process Control Techniques (MPC QAP) 

 2. Statistical Process Control Techniques (SPC QAP) 

IX. REGULATORY CONTROLS

1. General Regulatory Requirements (as applicable to the plant USDA-FSIS, 

 FDA, GMP, HACCP, SSOP, USDA-Dairy, etc.). 

 2. Integrated Pest Management and Sanitation Programs* 

X. END ITEM INSPECTION AND TESTING (IAW product/material 

specifications/documents and ANSI/ASQ Z1.4) 

XI. INTERNAL AUDITS

XII. CORRECTIVE AND PREVENTIVE ACTION PROGRAM

XIII. IMPROVEMENT

 

*Integrated Pest Management Plan (IPM) and Contractor Sanitation Program: Even though the IPM Plan is not 

required to be submitted, the questions concerning the facility's IPM listed in Section IX Regulatory Controls, Area 2 

of the Quality Systems Audit Workbook I must be addressed within the QSP. Both the IPM Plan and Sanitation 

Program (Contractor Sanitation Program- Operational Rations, November 2015) must be in place at time of award 
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and shall be made available for onsite review. 

 

The documented QSP will be evaluated by the Operational Rations Quality System Audit Team (composed of DLA 

Troop Support-FTSB and USDA-AMS, Quality Systems Auditors), USDA-AMS Operational Rations Program 

Coordinator, and the Government In-Plant Quality Assurance Representatives (QAR) assigned to perform 

Government QA functions at contractors' facilities. Government personnel will use the Operational Rations Quality 

Systems Audit Workbook I: Documented QSP Evaluation Guideline (in conjunction with the standard or other 

document identified in the contractor's QSP) as the basic framework against which they will evaluate QSPs. 

Workbook I was developed to standardize the evaluations of documented QSPs (developed using ISO/ANSI/ASQ 

9001, other recognized industry quality standards, or a non-standard contractor's specific process control system) 

submitted by contractors for the purpose of demonstrating their capability to meet the higher-level contract quality 

requirements using any of the aforementioned documents and for the contracting officer to assess a contractor's 

capability to meet the contract requirements. 

NOTE: Although Government inspection personnel (USDA-AMS/U.S. Army Public Health Center) are required to 

evaluate the contractors' QSPs, the QSP rating will be determined and assigned by DLA Troop Support-FTSB's 

Quality Systems Auditors.

 

Offerors/Contractors can request a copy of Workbook I by contacting the applicable contracting officer or DLA 

Troop Support-FTSB. Workbook I is also available online in PDF format at the following website: http://www.dla.

mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx. DLA Troop Support will recognize a contractor's 

quality system whenever it meets the contract requirements, whether the quality system is modeled on military, 

commercial, national, or international quality systems standards. The design and implementation of a QSP will be 

influenced by the varying needs of a company, its particular goals and objectives, the products produced, and the 

processes and specific practices employed in the operation. The intent of the requirement is for contractors to improve 

process capability and process control which, when used effectively, can result in a prevention-oriented approach 

rather than a detection approach that will improve product quality and lower cost through the use of a single quality 

system in any contractor facility. 

A documented QSP is required when a contract references or requires a contractor to perform under the higher-level 

contract quality requirements. Contractors are responsible for complying with the quality system requirements set 

forth in their documented QSP in addition to all detailed requirements cited in the contract and for furnishing products 

that meet all requirements of the contract. Contractors are required to establish, document, submit for Government 

review, and maintain a quality system as a means of ensuring that product conforms to the requirements of the 

contract. The documented QSP shall include the quality system procedures and outline the structure of the 

documentation used in the quality system. When the requirements of the Statistical Process Control Quality 

Assurances Provision (SPC QAP) and/or the Manufacturing Process Controls and In-Process Inspection Quality 

Assurances Provision (MPC QAP) are applicable, these requirements must be addressed under the In-Process and 

Process Inspection and Testing section of the documented QSP. Redundant areas/requirements (cited in the MPC or 

the SPC QAPs) need only be addressed once in the QSP. The calibration of measuring and testing equipment shall, as 

a minimum, adhere to the requirements of NCSL Z540.3 or ISO 10012. 

The Higher Level Contract Quality Requirements, Manufacturing Process Controls (MPC), and Statistical Process 

Controls Quality Assurance Provision (SPC QAP) apply to all CFM and RNC food components and Sub Assembly 

and Assembly Operations, except as indicated below: 

 

A. The following items are exempt from the Higher Level Contract Quality Requirements, MPC QAP and the SPC 

QAP (No QSP required): 

1. Accessory package components (except for RNC beverage contract items). 
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2. Condiments (even if packaged in laminated barrier pouches): hot sauce; ketchup; mayonnaise; mustard; etc. 

3. Bulk packed items: beef snacks; ranger bar; First Strike bars; osmotic fruit; cookies (CID A-A-20295); almonds, 

roasted; cashews, roasted; peanuts, roasted; snacks (CID A-A-20195); sandwich crackers/cookies; tortillas, received 

from a subcontractor/supplier other than the finished packager, and received from a subcontractor/supplier providing 

the identical items in the commercial retail market place. Bulk packed, as used in this paragraph, means packing prior 

to finished product packaging. 

 

NOTE: The prime contractor is not prohibited from requiring, on their own accord, a QSP from their subcontractors 

for all products. 

B. A QSP is required but SPC techniques are optional for the following items: beverage bases, cheese spreads, 

cookies (CID A-A -20295), dairy component powders (cocoa beverages, dairy shakes, flavored coffees, non-dairy 

creamer, etc.), nut fruit mixes, peanut butter, peanut spread, jellies/jams/preserves, and bulked-packed items that are 

individually packaged by an assembler/packer in military packaging (laminated barrier pouches). However, note that 

this does not prohibit the prime contractor from, on their own accord, requiring SPC techniques from their 

subcontractors for all products. 

 

NOTE: TO THE EXTENT OF ANY INCONSISTENCY BETWEEN THE CONTRACT OR ITS GENERAL 

PROVISIONS AND A CONTRACTOR'S QSP AND/OR IMPLEMENTED QUALITY SYSTEM, THE 

CONTRACT AND THE GENERAL PROVISIONS SHALL CONTROL. 

 

The QSP shall be submitted to DLA Troop Support-FTSB, through the Contracting Officer, for review no later than at 

time of bid submittal to determine if the QSP meets the acquisition needs. The QSP shall be DOCUMENTED, 

DATED, AND SIGNED BY A RESPONSIBLE COMPANY OFFICIAL and WILL BE DISTRIBUTED UNDER 

COMPANY LETTERHEAD TO THE ADDRESSEES BELOW: 

 

 

A. ONE COPY SHALL BE MAILED (AT TIME OF BID SUBMITTAL) TO: 

 

 Send MAILED OFFER to: 

 DEFENSE LOGISTICS AGENCY 

 DLA TROOP SUPPORT 

 POST OFFICE BOX 56667 

 PHILADELPHIA, PA 19111-6667 

 

Deliver HAND-CARRIED OFFER, including delivery by commercial carrier, to: 

 

 DLA TROOP SUPPORT 

 BUSINESS OPPORTUNITIES OFFICE 

 BLDG. 36, SECOND FLOOR 

 700 ROBBINS AVENUE 

 PHILADELPHIA, PA 19111-5092 

 

B. AFTER CONTRACT AWARD ONE COPY SHALL BE MAILED PRIOR TO THE INITIATION OF 

PRODUCTION TO EACH OF THE FOLLOWING USDA-AMS OFFICES as applicable: 

 

1. USDA-AMS OFFICES: When USDA-AMS is responsible for performing Government source inspection at a 

ration facility one copy shall be mailed to each of the following USDA-AMS offices: 
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a. CHIEF, CONTRACT SERVICES BRANCH 

USDA, AMS, SCP, SCI DIVISION 

ATTN: Richard Boyd 

1400 INDEPENDENCE AVE. SW 

ROOM 0726, SOUTH BLDG. 

WASHINGTON, DC 20250-0247 

 

b. USDA-AMS INSPECTION AREA OFFICE: The contractor/subcontractor shall contact USDA-Contract 

Services Branch (202-720-5021) for the applicable area office address (College Park, GA; Covina, CA; Hunt Valley, 

MD; North Brunswick, NJ; South Bend, IN; Richmond, VA; Oshkosh, WI; Stockton, CA; Winter Haven, FL: 

Yakima, WA, etc.). 

 

2. USDA-AMS IN-PLANT INSPECTOR/GQAR: When a Government (USDA-AMS) inspector is assigned to 

perform Government source inspection at a contractor/subcontractor facility, one copy shall be personally delivered 

to the Government inspector prior to the initiation of production.

 

3. U.S. ARMY PUBLIC HEALTH CENTER VETERINARY FOOD INSPECTION PERSONEL: When 

Veterinary Food Inspectors (VFIs) are responsible for performing Government source inspection at operational 

rations assembly plants, one copy shall be personally delivered to the resident VFI/GQAR prior to the initiation of 

production/assembly. The contractor/subcontractor shall contact USAPHC for questions regarding VFI's inspection 

services. 

 

 ARMY PUBLIC HEALTH CENTER 

 VETERINARY SERVICES PORTFOLIO 

Attn: MCHB-IP-VF

 CHIEF, OPERATIONAL RATIONS 

 5158 BLACKHAWK ROAD 

 BLDG. E5158 

 ABERDEEN PROVING GROUND, MD 21010-5403 

 

4. DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA): When DCMA inspectors are responsible for 

performing Government source inspection at the flameless ration heater (FRH) manufacturing facility, one copy shall 

be personally delivered to the resident Government QAR prior to the initiation of production. The contractor/

subcontractor shall contact the applicable DCMA office for inspection services. 

 

 a. DCMA GARDEN CITY

 605 STEWART AVE. 

 GARDEN CITY, NY 11530-4761 

 

 b. DCMA DAYTON

 1507 WILMINGTON PIKE 

 DAYTON, OH 45444-5300 

 

Aforementioned Government inspection personnel and In-Plant Government QARs shall fax, e-mail, or mail (via 
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priority mail) their evaluations and comments regarding the contractor's QSPs and/or QSP's revisions, within 20 

calendar days from the day of receipt of the QSP/revision. 

 

Failure to submit comments within the suspense date may result in DLA Troop Support-FTSB Quality Systems 

Auditors not including the applicable inspection agency's comments in Government QSP joint evaluations. In-Plant 

Government QARs are also required to report quality systems noncompliance within one working day using the 

Corrective Action Request (CAR) Form. QSP evaluations and CARs shall be faxed to the DLA Troop Support -

FTSB Operational Rations Quality Systems Audit Team at fax number (215) 737-0379, the current DLA Troop 

Support -FTSB's group mailbox (SubsistenceQualitySystems@dla.mil) or mailed to the following address (the 

preferred and most expeditious method is via E-mail or fax): 

 

Send MAILED OFFER to: 

 

 DEFENSE LOGISTICS AGENCY 

 DLA TROOP SUPPORT 

 POST OFFICE BOX 56667 

 PHILADELPHIA, PA 19111-6667 

 

Deliver HAND-CARRIED OFFER, including delivery by commercial carrier, to: 

 

 DLA TROOP SUPPORT 

 BUSINESS OPPORTUNITIES OFFICE 

 BLDG. 36, SECOND FLOOR 

 700 ROBBINS AVENUE 

 PHILADELPHIA, PA 19111-5092 

 

During the Acquisition Phase (prior to contract award): A QSP must be submitted as part of an offeror's 

proposal. However, if an offeror has previously submitted a QSP under a similar acquisition or contract, then the 

offeror may reference that QSP by date and only submit changes (if deemed necessary by the offeror) with the 

proposal for this solicitation. The QSP may be reviewed and discussed with offerors prior to award, but the QSP will 

not be evaluated as part of the award decision or be used to make a responsibility determination. However, failure to 

submit or reference an existing QSP may make an offeror ineligible for award. 

 

After the Acquisition Phase: After the Acquisition Phase (after contract award), DLA Troop Support-FTSB will 

assign the contractor's QSP a rating of acceptable, marginally acceptable or unacceptable. If a contractor's QSP is 

rated unacceptable, the QSP must be revised to receive, at a minimum, a marginally acceptable rating within 

45 days of the contract award date. Failure to receive at least a marginally acceptable rating within 45 days of 

contract award will be a breach of the contract for which the Government may exercise its available rights, 

including, but not limited to, terminating the contract. The contractor can submit changes to improve the plan 

throughout the life of the contract.

 

DLA Troop Support-FTSB Quality Systems Auditors evaluate, assign QSP ratings, and approve or disapprove 

changes to the QSP. QSP procedures or changes to a QSP that may involve a change to a specific contractual 

requirement (cited in the contract TDP/ items specification/CID) must be coordinated and approved by the 

Contracting Officer. To expedite the evaluation process, all QSP changes (that do not involve a specific 

contractual change) shall be simultaneously provided to the In-Plant GQAR and a copy faxed, E-mailed, or mailed 

to DLA Troop Support-FTSB and each applicable office for their review. The GQAR's in-plant evaluation will be 

considered sufficient for production, unless specifically rejected by DLA Troop Support-FTSB after the contractor 

submits the change to DLA Troop Support. The contractor's documented QSP is considered a living document and 
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continuous improvements are highly encouraged. 

 

Implementation, compliance, effectiveness, and continuous improvement of the QSP (implemented quality system) 

and the Food Defense Plan will be monitored by on-site quality systems compliance audits conducted throughout the 

life of the contract by the Operational Rations Quality Systems Audit Team and evaluations/internal audits conducted 

by the In-Plant Government QARs.

 

If a contractor fails to submit an acceptable QSP or copies of their QSP's revisions to the Government for review or 

does not comply with other requirements of the contract, the Government may decline to perform verification 

acceptance inspection at that time and or refuse to accept any product produced in accordance with FAR 46.102 and 

46.407. Additionally, the Government may also withdraw the acceptance of a QSP during the contract period if it is 

determined that the contractor has not implemented, complied with the documented QSP, or the implemented quality 

system is not sufficient to meet minimum contractual requirements.

 

NOTE: DLA Troop Support-FTSB and/or the Government QARs shall immediately notify the Contracting Officer of 

ALL noncompliance to specific contractual requirements. DLA Troop Support-FTSB will notify and/or obtain 

contracting officer's support/involvement when a contractor fails to comply with the approved documented QSP 

requirements or fails to respond to quality systems deficiencies noted during an on-site compliance audit or 

evaluations/audits conducted by In-Plant Government QARs. 

 

The offeror/contractor agrees to maintain current, and make available, all documents and/or records required by the 

documented QSP for Government review at any time throughout the life of the contract and for three years after final 

delivery on the contract (to include any documents/records maintained by any subcontractor used by the prime 

contractor to fulfill a Government contract).

NOTE: The procedures of how a contractor intends to comply with the requirements of the MPC QAP or the SPC 

QAP, as applicable, shall be covered in the In-Process and Process Inspection and Testing Section of the contractors' 

documented QSP/Quality Manual. If the contractor uses a different/numbering system than the Section/Element 

number cited in the TDP, the contractor's should cross-reference each applicable section of their QSP.

FOOD DEFENSE PLAN (FDP). The DLA Troop Support Subsistence Directorate provides world-wide subsistence 

logistics support during peacetime as well as during regional conflicts, contingency operations, national emergencies, 

and natural disasters. At any time, the United States Government, its personnel, resources and interests may be the 

target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk requires DLA Troop 

Support to ensure steps are taken to prevent the deliberate tampering and contamination of Operational Rations. 

As the holder of a contract with the Department of Defense, the Contractor should be aware of the vital role they play 

in supporting our customers. It is incumbent upon the Contractor to take all necessary actions to secure product 

produced for and delivered to all DLA customers. The Government strongly recommends that all firms review their 

food defense plans relating to plant security and security of the products produced in light of the heightened threat of 

terrorism, and secure product from intentional adulteration/contamination. 

The Contractor shall comply with its Food Defense Plan (as submitted as the Food Defense portion under this contract 

solicitation) to prevent product tampering and contamination, and assure overall plant security and food safety. The 

Contractor must take all practicable measures that are within its control to deter or prevent tampering or 

contamination of supplies provided for under this contract solicitation. The Contractor must immediately inform DLA 

Troop Support Subsistence of any attempt or suspected attempt by any party or parties, known or unknown, to tamper 

with or contaminate subsistence supplies. 

Food Defense Plans will be evaluated to ensure compliance with the DLA Troop Support Food Defense Checklist. A 

copy of the Checklist is available online at http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.
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aspx or through the applicable Contracting Officer or the DLA Troop Support Quality Audits & Food Defense Branch 

at 215-737-8656. 

NOTE: The Food Defense Plan may be modified at any point prior to contract start-up/implementation or during the 

period of performance. Whenever a change is made to the Food Defense Plan, it shall be submitted to the Contracting 

Officer for evaluation. 

DLA Troop Support-FTSB will conduct Food Defense Audits/reviews during Compliance Audits and/or other visits 

to verify the implementation, compliance and effectiveness of the firm's Food Defense Plan. If a Food Defense Plan 

(including Food Defense Plans Covered in QSP) was previously submitted to DLA Troop Support, identify the office, 

name of the person the plan was submitted to, date of submittal, and rating assigned. 

NOTE: If more than one facility under direct control of the contractor will be used to produce and/or store 

product, a separate Food Defense Plan for each facility must be submitted. A completed DLA Troop Support 

Food Defense Checklist, by itself, is not a Food Defense Plan but may be included as part of the Plan. 

 

E-3-A-2. The following is applicable to this contract: 

 

QUALITY ASSURANCE PROVISION 

9001 MANUFACTURING PROCESS CONTROLS AND IN-PROCESS INSPECTIONS 

 

This provision supplements process control guidance of the International Organization for Standardization (ISO)/

American National Standards Institute (ANSI)/American Society for Quality (ASQ) 9000 Series standard, or 

equivalent standards with process controls, and is applicable when the contract requires a higher-level quality system 

in accordance with Federal Acquisition Regulation (FAR) 46.202-4. The Contractor shall: 

 (a) Ensure that all manufacturing operations are carried out under controlled conditions which will adequately 

assure that product characteristics and criteria specified by contract are achieved and maintained in the produced item. 

Controlled conditions include documented process control and in-process inspection procedures, adequate methods 

for identifying and handling material, and adequate production equipment and working environments. 

 (b) As a minimum, perform inspections, examinations and/or tests, during manufacturing on those product 

characteristics which cannot be inspected at a later stage, and ensure that process controls are implemented and 

effective. 

 (1) Manufacturing processes shall be evaluated to determine which process characteristics have an effect on the 

quality of the produced item. These manufacturing processes shall be identified and requirements for their control 

shall be specified in written process control procedures. 

 (2) When in-process inspection of material is not practical, control by monitoring processing methods, 

equipment, and personnel shall be provided. Both in-process inspection and process monitoring shall be provided 

when control is inadequate without both. 

 (3) Prompt corrective action shall be taken when noncompliance or out of control conditions occur. 

 (c) Clearly identify each in-process inspection and process control point at appropriate locations in the 

manufacturing operation. 

 (d) Prepare clear, complete, and current written procedures for: 

 (1) Each in-process inspection. Identify: the type, frequency, and amount (sampling plan/100 percent) of 

inspection; product characteristics to be inspected; criteria for approving and rejecting product; the record for 

documenting inspection results; and the method for identifying the inspection status of approved and rejected product. 

 (2) Each process control. Identify the criteria, frequency, and records used verifying control of the process. 

 (3) Assessing the adequacy of in-process inspections and process controls. The Contractor's quality 

organization shall assure by periodic surveillance that procedures are followed and are effective. Records of this 

surveillance will be maintained. 
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 (e) Make the documented inspection system available for review by the Government Quality Assurance 

Representative prior to the initiation of production and throughout the life of the contract. The Government is under 

no obligation to perform verification inspection or to accept product produced under the contract until the 

Government has received acceptable written procedures, and has been afforded the opportunity to evaluate the 

inspection system. Acceptance of the Contractor's inspection system by the Government does not bind the 

Government to accept any nonconforming supplies that may be produced by the Contractor. Periodic evaluations of 

the system may be made by the Government throughout the life of the contract. 

 

E-3-A-3. The following Statistical Process Control Quality Assurance Provision (SPC QAP) applies to this contract:

QUALITY ASSURANCE PROVISION 

STATISTICAL PROCESS CONTROLS 

DLA Troop Support FT-12-001 

 

The requirements of this QAP shall be addressed in the Documented Quality System Plan (QSP) when applicable. 

Redundant areas/requirements cited in this QAP or the MPC Provision need only be addressed once in the In-Process 

and Process Inspection and Testing Section and/or other applicable section of the contractors' documented QSP/

Quality Manual. The characteristics requiring control will be those characteristics providing the best assurance of 

product conformance to end item contractual requirements. Therefore, the techniques (SPC/MPC) selected to control 

the processes shall be those that can best and most effectively/efficiently control the characteristics identified and 

provide the best assurance that the system implemented will consistently produce product conforming to contractual 

requirements. If the contractor uses a different/numbering system than the Section/Element number cited in the TDP, 

the contractor's QSP should cross-reference each applicable section/element of their QSP. 

 

I. General Requirements: 

 

 A. The offeror/contractor agrees to manage and improve process performance through the evaluation of the 

quality of the product at the prime contractor and, when required by contract, at subcontractor facilities, using SPC 

techniques or MPC techniques. 

 

 B. Minimum criteria are established in the American Society of Quality (ASQ) standards B.1, B.2 and B.3 

(formerly the ANSI standards Z1.1, Z1.2, and Z1.3). Alternate SPC techniques such as short run methods are also 

allowed where applicable. 

 

 C. This QAP applies to all work performed at the prime contractor and, when required by contract, at 

subcontractor facilities. However, in those instances where it is not required of the subcontractor by contract, it does 

not prohibit the prime contractor from requiring it from their subcontractor of their own accord. 

 

 D. The implementation of SPC techniques (or alternate MPC techniques) and procedures shall be prepared in 

accordance with this provision and included in the documented QSP. Each offeror shall address the requirements of 

this QAP in their documented QSP (Section/Element VIII) and included with the proposal, when applicable. Failure 

to do so may result in rejection of the offer. 

 

 E. Exclusion of documented QSP submission: If an offeror has previously submitted a QSP, the offeror may 

reference that QSP by date and only submit changes (if deemed necessary by the offeror) with the proposal for this 

solicitation. 

 

 1. Offerors who consider themselves eligible for exclusion of the documented QSP at bid submittal, based on 

utilization of a previously submitted QSP for identical or similar supplies, are to submit a written request for 
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exclusion (RFE) to the Procuring Contracting Officer (PCO). 

 

The offeror shall identify in the RFE the contract number(s) under which the supplies were previously furnished by 

them and accepted by the Government; and the applicable item nomenclature and National Stock Number(s); and the 

date of the documented QSP. QSP changes/revisions/updates, if applicable, need to be submitted along with the RFE 

at time of proposal. NOTE: Changes/revisions/updates must be well identified, dated and organized to facilitate 

posting to the QSP. 

 

 2. If techniques selected (MPC, SPC, or combination of both) were determined to be adequate (in a QSP previously 

submitted and approved by DLA Troop Support - FTSB), the offeror shall certify that these techniques are still 

adequate to effectively control the processes and that the system implemented is still capable of consistently 

producing conforming product. 

 

II. SPECIFIC REQUIREMENTS: 

 

 A. The offeror shall identify the characteristics to be controlled using SPC techniques (or the alternate MPC 

techniques). Application of SPC techniques shall be considered for all characteristics identified by performing pareto 

analysis on the defects from previous production, or projection of potential defects in future production, to discern the 

vital few and repetitive type failures from the trivial many. Additionally, offerors are encouraged to calculate quality 

costs to assist in determining what characteristics or processes to control statistically (QSP Element XIII). These 

defects, and all other characteristics identified by the offeror from process capability studies on current production, 

shall be subject to the application of SPC techniques or other analyses. The characteristics requiring control will be 

those characteristics providing the best assurance of product conformance to end item contractual requirements. In 

addition to the characteristics identified by the offeror, the following characteristics will be controlled using SPC 

techniques, MPC techniques, or other alternate controls methods deemed appropriate and effective in controlling the 

processes. Alternate controls to SPC and MPC must be clearly identified and explained in detail in the In-Process and 

Process Inspection and Testing Section of the contractors' documented QSP/Quality Manual. The description of SPC 

or MPC techniques shall be sufficient to allow a reviewer unfamiliar with the item or the contractor's production 

operation to properly assess the applicability of the control measures/techniques being proposed. 

 

 1. For Thermostabilized, High-Pressure Processed, or Hot-Filled Items: (1) Laminated barrier pouch/tray 

integrity (absence of tears, cuts, holes, delamination, abrasions, leakage, and non-fusion bonded seals, etc.), (2) 

Polymeric tray integrity (absence of tears, cuts, holes, delamination, abrasions, leakage, and non-fusion bonded seals, 

etc.) and (3) All thermostabilized items - the critical control points of the process schedule as determined by the 

contractor's Processing Authority and critical control points of the retort process schedule. The critical control points, 

other control points, and the contractor's Processing Authority shall be clearly identified in the Regulatory Controls 

Section and/or the In-Process and Process Inspection and Testing Section of the contractor's QSP, as applicable. 

 

 2. For Water Activity Stabilized Items: (1) Laminated barrier pouch/tray integrity (absence of tears, cuts, 

holes, delamination, abrasions, leakage, and non-fusion bonded seals, etc.), (2) Polymeric tray integrity (absence of 

tears, cuts, holes, delamination, abrasions, leakage, and non-fusion bonded seals, etc.) and (3) All water activitystabilized items - control of water activity, and oxygen scavenger placement. The control points shall be clearly 

identified in the In-Process and Process Inspection and Testing Section of the contractor's QSP. 

 

 3. Flameless Ration Heater (FRH): The FRH chemical formulation and those processes that affect the 

formulation, performance, and the packaging (including over-wrapped FRH) of the FRH. The control points shall be 

clearly identified in the In-Process and Process Inspection and Testing Section of the contractor's QSP. 

 
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 4. Assembly Operations: The use of SPC and/or MPC techniques is required. However, the Assembler 

shall determine application of SPC/MPC techniques for the assembly and sub assembly processes by performing a 

Pareto analysis. NOTE: The assembler shall identify the type of controls (MPC, SPC, or both) being applied for each 

process identified. The control points for the assembly and subassembly processes shall be clearly identified in the InProcess and Process Inspection and Testing Section of the Assembler's QSP. 

 

 5. For Other Items SPC techniques are optional. 

 

 B. The SPC and MPC techniques (or combination of both) will be evaluated as part of the documented QSP for 

the firm or firms eligible for award. 

 

 C. A documented QSP determined to be Insufficient for Production during the acquisition phase or seriously 

deficient may preclude the offeror from receiving an award. However, the PCO has the final authority and he/she 

may permit an offeror to revise a deficient QSP provided it is reasonably capable of being made sufficient for 

production or acceptable. Failure to negotiate a sufficient for production and/or acceptable QSP, as applicable, may 

also preclude the offeror from receiving an award. 

 

 D. SPC Program: The information requested in Workbook I, In-Process and Process Inspection and Testing 

Section (Area 1 and 2 as applicable) shall be covered in the applicable section of the contractor's QSP. For 

characteristics as designated by the Offeror and/or the Government to be controlled using SPC or MPC techniques as 

indicated above, the QSP, as a minimum, must address the following: The QSP must identify and define each inprocess control point (IPCP) and/or process control point (PCP) in sequence in relation to the production, 

subassembly/assembly flow or chain of events (from weighing/mixing/batching of ingredients/materials, packaging, 

to final product); clearly identify the control technique selected (SPC/MPC or combination) to control each process 

identified; the number of samples selected, location of sample selection, and frequency of sampling at each IPCP and 

PCP identified; include procedures that describe the production/assembly operations and how the contractor ensures 

these are carried out under control conditions to assure that product characteristics and criteria specified in the 

contract are achieved and maintained in the finished product (end item); and identify documents that are the basis for 

the SPC/MPC program including internal audits, textbooks, standards, and/ or Government documents. 

 

 E. Structure (policy/scope): The QSP shall identify the contractor's policy for applying SPC and the contractor's 

goals and commitments regarding SPC and continuous process improvement. The contractor may also discuss 

alternatives to SPC techniques (MPC techniques or other control technique) that have successfully reduced/prevented 

the production of defects. Information must be covered in the Management Responsibility and Quality System 

Design Section I of the QSP or other applicable section of the contractor's QSP. 

 

 F. SPC Training: Information must be covered in the Training Section of the QSP or other applicable section of 

the contractor's QSP. 

 

 G. Vendor/Subcontractor/Purchase Controls: Information must be covered in the Contract Review, Purchasing, 

and Customer-Supplied Product of the QSP or other applicable section of the contractor's QSP. 

 

 H. Manufacturing Controls: (IAW provision “9001 Manufacturing Process Controls and In-Process Inspection” 

as applicable). The information requested in Workbook I, In-Process and Process Inspection and Testing Section 

(Area 1 and 2 as applicable) should be covered in the applicable section of the contractor's QSP (for characteristics as 

designated by the Offeror and/or the Government to be controlled using SPC or MPC techniques as indicated above): 

The QSP must clearly identify the control technique selected (SPC/MPC or combination) to control each process 

identified. Must include procedures that describe the production/assembly operations and how the contractor ensures 
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these are carried out under control conditions to assure that product characteristics and criteria specified in the 

contract are achieved and maintained in the finished product (end item). 

 

 I. Statistical Process Control Procedures (General): The information requested in Workbook I, In-Process and 

Process Inspection and Testing Section (Area 1 and 2 as applicable) should be covered in the applicable section of the 

contractor's QSP (for characteristics as designated by the Offeror and/or the Government to be controlled using SPC 

or MPC techniques as indicated above): 

 1. Criteria for Using SPC Techniques: How the contractor determined which processes were appropriate for 

use of SPC or MPC techniques; process capability studies (application); types of charts used and rationale for use; and 

computer hardware/software used for SPC (if applicable). 

 2. SPC Auditing and Review Procedures: This information must be covered under the Internal Audit Section 

or other applicable section of the contractor's QSP 

 3. SPC Records. How the following records apply/correlate to the SPC program: Incoming inspection, 

manufacturing inspection, subcontractor inspection, internal and external failure reports, corrective action reports, 

control charts, scrap and rework reports, lessons learned, recommendations and feedback, etc. The information must 

be included in the In-Process and Process Inspection and Testing Section (Area 1 and 2 as applicable), the Document 

and Data Control and Control of Quality Records Section of the QSP or in the applicable section of the contractor's 

QSP. 

 

 J. When the documented QSP is rated acceptable and the system implemented is effective in consistently 

producing conforming product, the contractor may qualify for Government verification skip-lot inspection 

(Procedures for Alternative Skip-Lot End Item Inspection Requirements for Government Verification Inspections for 

Operational Rations). The Government reserves the right to return to the original acceptance sampling requirements 

if Government source inspection is waived, skip-lot is not in the best interest of the Government or for other causes as 

indicated in the procedure. The documented QSP shall be documented, dated, and signed by a responsible company 

official, and will be distributed under company letterhead as indicated in preceding paragraph “Higher Level 

Requirement - Quality Systems Plan (QSP)". The contractor is required to incorporate the requirements of this SPC 

QAP in the In-Process and Process Inspection and Testing Section (Area 1 and 2 as applicable) of the QSP or other 

applicable sections of the contractor's QSP. 

 

E-3-A-4. The contractor's documented QSP and implemented Quality Systems are to be verified by the in-plant 

Government QARs/inspectors, when Government source inspection is required, in accordance with the Operational 

Rations Documented QSP Evaluation Workbook I, the regulation/file code of the respective inspection agency, and 

the particular requirements detailed in the contract.

 

 

E-3-B. Thermostabilized Components, High-Pressure Processed Components, Hot-Filled Components, Granolas, and 

Cheese Spreads

 

E-3-B-1. For thermostabilized, high-pressure processed, and hot-filled items procured as contractor furnished 

material (CFM) components, when the manufacturer/packager is the prime contractor (assembler), or a subcontractor, 

origin inspection shall be contractor paid United States Department of Agriculture, Agricultural Marketing Service, 

Specialty Crops Program, Specialty Crops Inspection Division, Contract Services Branch (USDA,AMS,SCP) 

inspection in accordance with provision “9023 General Inspection Requirements” unless otherwise specified by this 

solicitation/contract. The regulations, file codes, etc. of the respective agency are applicable to the contract in 

conjunction with the quality assurance requirements of the contract. Optional contractor testing provided by provision 

“9024 Alternative Inspection Requirements for Selected Items” is applicable, unless otherwise specified by this 

solicitation/contract. When permitted by the applicable food component specification, a Certificate of Conformance 
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(COC) for ingredients shall be provided in accordance with FAR Clause 52.246-15.

 

E-3-B-2. As indicated in the Packaging Requirements and Quality Assurance Provisions for Commercial Item 

Description (CID) A-A-20155, “Tuna, Canned or in Flexible Pouches” and CID A-A-20155, TOTM pouched tuna 

shall be under contractor-paid origin inspection provided by the U.S. Department of Commerce (USDC) in 

accordance with USDC fees and charges. Alternatively, if pouched tuna production occurs at a facility producing 

MRE/FSR entree items under USDA/AMS inspection, or if determined to be in the best interest of the government, 

the TOTM pouched tuna entrees shall be inspected by USDA/AMS under USDA/AMS fees and charges. The 

regulations, file codes, etc. of the respective agency are applicable to the contract in conjunction with the quality 

assurance requirements of the contract.

 

E-3-B-3. The following applies to the nutrient content testing for products packaged in accordance with MILPRF-44073, entrees, starches and soups, and fruits found in the products Performance-based Contract Requirements 

or Product Contract Requirements (PCR).

 

Applicable to Fat and Salt Content Testing: The composite sample shall be prepared and analyzed in accordance with 

the latest edition of the Official Methods of Analysis of AOAC International (OMA) as cited in the PCR. If an 

AOAC method does not specify specific times, temperatures, or methodology for preparation of a sample, preparation 

of samples shall be as follows: The unopened pouches shall be gently warmed in a 140oF water bath for 15 minutes 

to melt fat adhering to the inside of the pouches. The pouches shall be composited in a Waring blender or equivalent. 

 

E-3-B-4. Quality Assurance Provisions to be used in conjunction with section “4. Verification”, of MILPRF-44073, Packaging of Food in Flexible Pouches 

 

Inspection of finished product lots packaged in accordance with MIL-PRF-44073 shall be in accordance the 

inspection requirements cited in Section 4 of MIL-PRF-44073, Section E of the component's Performance-based 

Contract Requirement, Product Contract Requirement or Packaging Requirements and Quality Assurance Provisions 

for CID as applicable, and the provisions cited herein. 

 

NOTE: 

 

The following quality assurance provisions are to be used in conjunction with the MIL-PRF-44073 and are in addition 

to those cited in Performance-based Contract Requirements, Product Contract Requirements, and Packaging 

Requirements and Quality Assurance Provisions documents and supersede those documents where applicable. The 

following quality assurance criteria, utilizing ANSI/ASQC Z1.4, Sampling Procedures and Tables for Inspection by 

Attributes, are applicable. 

 

QUALITY ASSURANCE PROVISIONS (PACKAGING AND PACKING MATERIALS) 

 

A. Packaging. 

 (1) Pouch material testing. The pouch material shall be examined for the characteristics listed in table I of MILPRF-44073 for Type I. The lot size, sample unit, and inspection level criteria for each of the test characteristics are 

listed below. Any test failure shall be classified as a major defect and shall be cause for rejection of the lot. 

 

________________________________________________________________________________ 

Characteristic Lot size expressed in Sample unit Inspection level 

________________________________________________________________________________ 

Oxygen transmission rate yards 1/2 yard S-1 
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Water vapor transmission rate yards 1/2 yard S-1 

 

Camouflage yards 1/2 yard S-1 

 

Thermal processing pouches 1 pouch S-2 

 

Low temperature pouches 1 pouch S-2 

 

High temperature pouches 1 pouch S-2 

 

 (2) Filled and sealed pouch testing. The filled and sealed thermoprocessed, high-pressure processed or hot-fill 

processed pouches shall be examined for the characteristics listed in table I of MIL-PRF-44073 for Type I. The lot 

size, sample unit, and inspection level criteria for each of the test characteristics are listed below. Any test failure 

shall be classified as a major defect and shall be cause for rejection of the lot. 

 

__________________________________________________________________ 

Characteristic Lot size Sample Inspection 

 expressed in unit level 

 

Residual gas volume pouches 1 pouch S-2 

 

Internal pressure pouches 1 pouch S-2 1/ 

 

Directional tear pouches 1 pouch S-2 

1/ When a three-seal tester is used, a separate set of samples is required for testing of the closure seal.

 

 (3) Pouch examination. The pouches shall be examined for the defects listed in table II of MIL-PRF-44073 for Type 

I. The lot size shall be expressed in pouches. The sample unit shall be one thermoprocessed pouch, high-pressure 

processed pouch, or hot-fill processed pouch. The inspection level shall be I and the AQL, expressed in terms of 

defects per hundred units, shall be 0.65 for major A defects, 2.5 for major B defects, and 4.0 for minor defects. Two 

hundred sample units shall be examined for critical defects. The finding of any critical defect shall be cause for 

rejection of the lot.

 

 (4) Examination of sleeve 1/. When applicable, the sleeve shall be examined for the defects listed in table III of 

MIL-PRF-44073 for Type I. The lot size shall be expressed in units of sleeves. The sample unit shall be one sleeve. 

The inspection level shall be S-3 and the AQL, expressed in terms of defects per hundred units, shall be 0.65 for 

major defects and 2.5 for minor defects. 

1/ Or separate paperboard insert card when used in lieu of the paperboard sleeve.

 

E-3-B-5. Quality Assurance Provisions for MIL-PRF-44073, Packaging of Food in Flexible Pouches.

 

 The following procedures for sampling and inspection shall also be applied when an end-item's filled and sealed 

pouch examination is required to be performed in accordance with paragraph 4.3, “Examination of pouch”, of MILPRF-44073. These procedures shall be applied to inspection results where critical defects are a determining factor in 

the rejection of a lot. 

 Change in severity of inspection shall be based on the critical defect category and determined by component type, 

regardless of lot size. For Normal inspection the sample size shall be 200 sample units and for Tightened inspection 
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315 sample units examined for critical defects and the finding of any critical defect shall be cause for rejection of the 

lot. Normal inspection will be used at the start of inspection. Normal inspection shall continue unchanged for the 

critical category of defects on successive lots except where the procedures given in ANSI/ASQC Z1.4, Sampling 

Procedures and Tables for Inspection by Attributes, require a change in the severity of the inspection, from Normal to 

Tightened. The procedures given in ANSI/ASQC Z1.4 shall be used to switch severity of inspection. There will be 

no “reduced” inspection option. The Government has the right to discontinue Government inspection as cited in 

ANSI/ASQC Z1.4 or the MPC clause or both. 

 1. The Government QAR will notify the contractor of a change in the severity of inspection as a result of 

Government origin inspections. The contractor is required to perform inspections which provide the same risk (equal 

or better) as those performed by the Government (ex: the contractor must select for end item examination, as a 

minimum, the same number of samples selected by the Government for end item inspection). 

 2. Upon notification by the Government QAR of change of severity of inspection from Normal to Tightened, 

the contractor shall submit a corrective action plan to the Government QAR and the Contracting Officer. Government 

QAR will withhold inspection of lots produced after notification until corrective action plan is received and approved. 

The corrective action plan shall contain, as a minimum, the following: 

 A. Root cause of the deficiency. 

 B. Action taken to correct the deficiency. 

 C. Action taken to correct and prevent recurrence of root cause of deficiency. 

 D. Corrective action effectivity date(s). 

 E. Contractor, subcontractor, or supplier representative responsible for implementing 

 corrective action. 

 As authorized by the Contracting Officer. Discontinuation of inspection may be invoked by the Contracting 

Officer when there is a pending action against a contractor to improve the quality of the submitted product/material, a 

contractor fails to submit a corrective action plan, and/or a corrective action plan is not effective in correcting or in 

preventing recurrence of root cause of the deficiency. 

 In addition to the above, the Contracting Officer, at his discretion, may invoke increased inspection for critical 

defects at origin and/or destination when determined to be in the best interest of the Government. 

 

 

E-3-C. Additional Requirements for thermally processed, high-pressure processed, and hot-filled food items - 

Commercial Sterility

 

 Thermally processed, high-pressure processed, and hot-filled pouches shall be free of swelling or microbial 

activity when tested in accordance with the following commercial sterility test. 

 Commercial sterility test. Incubate filled, sealed and processed pouches as follows: 

 Meat, poultry, fish and vegetables: Incubate at 95oF + 5oF for 10 days, unless otherwise specified by the 

inspection agency. 1/ 

 Fruit: Incubate at 80oF + 5oF for 10 days. 1/ 1/ Select a minimum of one pouch from each retort load. Select pouches from different areas within the retort. 

For a continuous process, an inspection level of S-3 shall be used to establish sample size. 

 

 

E-3-D. Ration Supplement Flameless Ration Heater (FRH):

 

(1.) In order to ensure delegation of authority for Government quality assurance support, the following information 

shall be provided to the Contracting Officer by the contractor after award of the contract and prior to start of 

production: 

 Name, address and point of contact of FRH manufacturer 

(2.) The following information shall be provided to the contractor by the Contracting Officer at such time as the 

contractor furnishes the above information: 
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 Name and address of Defense Contract Management Agency (DCMA) 

 having quality assurance cognizance at the FRH manufacturer's plant. 

(3.) DCMA shall provide the quality assurance support for the contract on the behalf of the Government at the FRH 

manufacturer's plant. The contractor through their FRH manufacturer is responsible for arranging for the quality 

assurance support by DCMA. Contractor shall perform or have performed all examinations and tests indicated by the 

applicable specification(s). 

(4.) When the FRH is procured as contractor furnished material, FAR Clause 52.246-2, FAR Clause 52.246-11, 

Higher Level Quality Requirements, provision “9001 Manufacturing Process Controls and In-Process Inspection”, 

and Statistical Process Controls are applicable. The plans shall be prepared, submitted, reviewed, evaluated, and 

verified in accordance with the provisions cited in paragraphs E-3-A, above, except that the appropriate DCAM shall 

have cognizance for the support of the Government's quality assurance requirements. The regulations, file codes, etc. 

of the respective agency are applicable to the contract in conjunction with the quality assurance requirements of the 

contract. One copy of the FRH manufacturer's Higher Level Quality Systems Plan and SPC plan shall be submitted to 

DLA Troop Support-FTR and one copy of the plan shall be provided to the DCMA QAR assigned to the FRH 

manufacturer's plant. 

 

 

E-3-E. Additional Sanitary Conditions Requirement for Product Containing Dairy Ingredients and Non-Dairy 

Creamer

 

 End item food components 1/

 containing dairy ingredients, the end item processing plants, the end item packaging 

plants, and all plants providing the end item's dairy ingredients must be approved for USDA Grading Service by the 

USDA, Marketing and Regulatory Programs, Agricultural Marketing Service (AMS), Dairy Grading Program, 

Washington, DC, 20250, and under 7 CFR,Part 58, prior to start of production. Contractors are responsible for 

obtaining such inspection and approval as early as necessary in order to meet contract delivery schedules. For 

information, please contact the inspection services of USDA, AMS, Dairy Grading Branch, telephone (202) 720-9381 

or (630) 437-5037. 

 End item food components 1/

 containing non-dairy creamer, the end item processing plants, the end item packaging 

plants, and all plants providing the end item packager with non-dairy creamer must be listed in the “Directory of 

Sanitarily Approved Food Establishments for Armed Forces Procurement”, published by the U.S. Army Veterinary 

Command as cited in paragraph (1) of Provision “9044 Sanitary Conditions” as used in this solicitation. 

 Suppliers also agree to inform the contracting officer immediately upon notification that an approved manufacturing 

plant is no longer sanitarily approved and/or delisted from another agency's listing, as indicated in paragraph (2) of 

Provision “Sanitary Conditions”. The contracting officer will also be notified when sanitary approval is regained and 

listing is reinstated. 

 

1/

 End item food components except for commercially sterile components and finished components packaged, without 

further processing, from commercially packaged bulk components.”

 

 

E-4. FAR Clauses 

 

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard selected below. [If more than one standard is 

listed, the offeror shall indicate its selection by checking the appropriate block.] 

 

......Title Number Date Tailoring

 
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x_....Quality Management Requirements Standard ANSI/ISO/ASQ Q9001 2008 Note 1 

__.....____________________________________ ___________________ ____ ______ 

 

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) 

of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in - 

 (1) Any subcontract for critical and coplex items (see 46.203(b) and (c)); or 

 (2) When the technical requirements of a subcontract require - 

 (i) Control of such things as design, work operations, in-process control, testing, and inspection; or 

 (ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced 

metrology. 

 

NOTE 1: At the election of the contractor, the contractor may select an industry standard equivalent to ANSI/ISO/ASQ Q9001; cite the 

Title, Number, and Date and Tailoring (if any) and check the appropriate box.

 

NOTICE: The following Federal Acquisition Regulation clauses are incorporated by reference:

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

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) 

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) 

 

 

E-5. PROVISIONS 

 

9003 MEASURING AND TEST EQUIPMENT (JAN 2014) 

Notwithstanding any other clause to the contrary, and/or in addition thereto, the Contractor shall ensure that the 

gauges and other measuring and testing equipment, used in determining whether the supplies presented to the 

Government for acceptance under this contract fully conform to specified technical requirements, are calibrated in 

accordance with International Organization for Standardization (ISO) 10012:2003 or American National Standards 

Institute (ANSI)/National Conference of Standards Laboratories (NCSL) Z540.3 (R2013). 

 

9013 CONTRACTOR AND GOVERNMENT SAMPLES AT ORIGIN (SEP 2007) 

 When required, the contractor will select samples of end items or components or both for contractor examination 

or testing as required by the item specification or other contract provisions. In addition, the government may select 

samples of end items or components or both at origin for the purpose of conducting required inspection. 

 The government may use, consume, destroy or retain said samples at its option. Notwithstanding any other 

provision of the contract, the contractor shall bear the cost of contractor and government samples selected at origin, 

whether the supplies are accepted or rejected. 

 Furthermore, unless otherwise specified, any sample unit which is altered as a result of the performance of any 

required examination or test so as to no longer meet the required characteristic of the component or end item, shall not 

be included as part of the supplies delivered under the contract. 

 Examples of such alteration include, but are not limited to, cutting an item to remove a slice or observe internal 

surface characteristics, procedures requiring re-canning/re-cooking of the product, thawing and refreezing. 

 

9023 GENERAL INSPECTION REQUIREMENTS (AUG 2017) 

(a) Inspection. 

(1) The Contractor shall employ the services of the United States Department of Agriculture (USDA), 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 
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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. 

(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. Procedures for preparation and distribution of certificates shall be in accordance 

with the regulations, file codes, instructional manuals, etc., of the respective inspection agency. 

 

9024 ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS (AUG 2017) 

(a) Optional Contractor Testing. 

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

contractually-required tests of end items or component material not specified by the U.S. Standards of Grade. The 

inspector for the Government agency having jurisdiction over ascertaining compliance may permit shipment, 

provided all other requirements of the contract are met. The designated Government inspector will select random 

samples of each lot of end items or component material for verification testing until the Contractor's testing system is 

determined reliable in accordance with paragraph (c) of this clause. It is the intent of the Government to rely on 

Contractor test results to the maximum extent practicable and minimize Government verification testing. 

(b) Compliance of Product. 

Acceptance of material as complying with required characteristics shall be based on the Contractor's test results; 

provided that Government verification indicates the Contractor's testing system is reliable, in accordance with 

paragraph (c) of this clause, as to each of the required characteristics. If the Contractor's test system is determined to 

be unreliable, product compliance will be determined based solely on Government test results. In the event the 

Government detects any irregularities in the Contractor's testing system, the designated Government inspector may 
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withhold approval until Government test results indicate products conform to contract requirements. For Tailored 

Operational Training Meal (TOTM) 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, 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. 

(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. When requested by DLA Troop Support, the inspector will forward one completed copy to DLA Troop 

Support-FTSC. 

 (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 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, when requested by DLA Troop Support, 

will provide copies of the test results directly to DLA Troop Support-FTSC. 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 
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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 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, upon request, forward one (1) copy to DLA Troop 

Support FTSC.) 

 

9025 REINSPECTION OF NONCONFORMING SUPPLIES (NOV 2011) 

(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. 
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(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 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. 

 

9039 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED 

SUPPLIES (NOV 2011) 

(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, 

symbol, or other representation that the end item or any part of it has been produced or manufactured for the United 

States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in 

commercial channels. The Contractor, in making disposition in commercial channels of rejected supplies, is 

responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 

45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State 

laws and regulations promulgated pursuant thereto. 

(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration 

of government identifications within 72 hours of rejection of nonconforming supplies including supplies 

manufactured for the Government but not offered or supplies transferred from the Government's account to the cold 

storage Contractor's account at origin or destination. (For product rejected at destination and returned to the 

Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product). After removal or 

obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector. 

 
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9044 SANITARY CONDITIONS (APR 2014) 

(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 https://www.fsis.usda.gov/wps/portal/fsis/topics/inspection/

mpi-directory. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, 

as applicable, the USDA shield and applicable establishment number. USDA listed establishments processing 

products not subject to the Federal Meat and Poultry Products Inspection Acts must be listed in the Worldwide 

Directory for those items. 

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

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

state inspection programs certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products 

Inspection Acts. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, 

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

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

Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/

poultry/grading.htm.

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

Egg Product Inspection Directory” published by the USDA FSIS at https://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: https://www.fisheries.

noaa.gov/topic/seafood-commerce-certification). 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 
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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 https://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 https://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: https://www.ams.usda.gov/?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 https://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: 

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r40_657.pdf). For the most current listing of exempt 

plants/products, see the Worldwide Directory (available at: 

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

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

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

indicated on the label or on accompanying shipment documentation. 

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

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

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

satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of the contract, nor 

shall it be considered sufficient cause for the Contractor to request an extension of any delivery date. In the event the 

Contractor fails to correct such objectionable conditions within the time specified by the Contracting Officer, the 

Government shall have the right to terminate the contract in accordance with the “Default” clause of the contract. 

(b) Delivery conveyances. 

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

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

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

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

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

prescribed temperatures, or the transport results in product `unfit for intended purpose', supplies tendered for 

acceptance may be rejected without further inspection. 

 

9045 FEDERAL FOOD, DRUG AND COSMETIC ACT-WHOLESOME MEAT ACT (AUG 2008) 

(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, 
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(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. 

 

9046 FOOD AND DRUG ADMINISTRATION (FDA) COMPLIANCE (NOV 2011) 

If any supplies acquired hereunder are recalled under the provisions of the Federal Food, Drug and Cosmetic Act, and 

regulations there under, the Contractor shall, at the Government's option, either reimburse the Government or repair/

replace the recalled supplies. Additionally, the Contractor shall notify the Contracting Officer immediately when a 

firm decides to voluntarily recall or withdraw any product from the marketplace. Upon notification by the Contracting 

Officer that supplies acquired hereunder have been recalled, the Contractor shall either (a) accept certificates of 

destruction from the Government after the supplies have been properly disposed of, (b) request return of the supplies, 

or (c) if supplies may be repaired on site without transporting them from their location, furnish all materials necessary 

to effect repairs. Replacement or reimbursement will be accomplished by the Contractor immediately on receipt of 

Certificates of Destruction or returned supplies. The costs of replacement or repair of supplies, and transportation and 

handling costs for movement of returned, replaced or repaired supplies within the contiguous United States shall be 

paid by the Contractor. The provisions of this clause are applicable only when the value of the recalled supplies in the 

possession of the Government amounts to $100 or more. 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 in the contract. 

 

 

E-6. INSPECTION AND ACCEPTANCE BY THE GOVERNMENT 

 (a) The following is applicable to this acquisition: 

 Inspection at: (X) Contractor's Plant, ( ) Destination, AND 

 Acceptance at: (X) Contractor's Plant, ( ) Destination, upon execution of Receiving Report in iRAPT by the 

authorized government representative. 

 (b) Resultant awards or contract will contain the name and address of the office responsible for performance 

of inspection. 

 (c) Offeror shall indicate below the location where supplies will be inspected: 

 Plant: _______________________________________________________ 
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 Street: _______________________________________________________ 

 City/State/Zip: _________________________________________________ 

 

TOTM Figure 1

 

SECTION F - DELIVERIES OR PERFORMANCE

The following additional clauses are hereby incorporated: 

52.247-1 Commercial Bill of Lading Notations (Feb 2006) When the Contracting Officer authorizes supplies to be 

shipped on a commercial bill of lading and the Contractor will be reimbursed these transportation costs as direct 
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allowable costs, the Contractor shall ensure before shipment is made that the commercial shipping documents are 

annotated with either of the following notations, as appropriate: If the Government is shown as the consignor or the 

consignee, the annotation shall be: Transportation is for the [name the specific agency] and the actual total 

transportation charges paid to the carrier(s) by the consignor or consignee are assignable to, and shall be reimbursed 

by, the Government. If the Government is not shown as the consignor or the consignee, the annotation shall be: 

Transportation is for the [name the specific agency] and the actual total transportation charges paid to the carrier(s) by 

the consignor or consignee shall be reimbursed by the Government, pursuant to cost-reimbursement contract No. . 

This may be confirmed by contacting [Name and address of the contract administration office listed in the contract]. 

(End of clause) 

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR 

52.247-34 F.o.b. Destination (Nov 1991) 

(a) The term “f.o.b. destination,” as used in this clause, means -- 

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point 

where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be 

made) is located; and 

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies 

are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The 

Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved 

before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the 

destination, unless such charges are caused by an act or order of the Government acting in its contractual 

capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the 

consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at 

the unloading platform of the consignee, except when the supplies delivered meet the requirements of 

Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting 

the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) 

shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor 

uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the 

carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to 

consignee. 

(b) The Contractor shall -- 

(1) 

(i) Pack and mark the shipment to comply with contract specifications; or 

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading; 

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; 

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by 

the consignee at the delivery point specified in the contract; 
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(5) Furnish a delivery schedule and designate the mode of delivering carrier; and 

(6) Pay and bear all charges to the specified point of delivery. 

(End of Clause) 

 

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contract Administration: Contract Administration will be performed by Office listed in Block 6 of the SF 26. 

G-2 Correspondence: All pertinent correspondence relative to this contract shall be directed to the above office, 

except requests for acceptance of nonconforming supplies (including requests for deviation from specification) will 

not be delegated to the above office. Contractor's request for acceptance of nonconforming supplies should be 

submitted to the assigned Quality Assurance Representative, i.e. U.S. Army Veterinary Inspector (AVI), USDA 

Inspection or DCMA QAR as applicable. The QAR should forward your request directly to the Contracting Office 

with an information copy to the Administrative Contracting Officer (ACO). A copy of correspondence notifying the 

contractor of acceptance/rejection of waiver/deviation requests will be furnished to the ACO by the Contracting 

Officer. 

G-3 Invoices: See clauses 252.232-7003 Electronic Submission of Payment Requests and 252.246-7000 material 

Inspection and Receiving Report.

 

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 Replacement of Defective Components For cases of bulk-packed component items, if upon opening the case or 

during assembly a number of defective units are discovered in the case which cannot be readily segregated from 

useable components, e.g. leaking spreads or excessive accessory pack issues, the case shall be removed from the 

assembly line and upon such verification from the Army Vet Inspector (AVI), the entire case shall be considered 

defective, and placed on hold. The Contracting Officer shall be given written notice of the defective product including 

the name and signature of the confirming AVI inspector. The assembler shall include information regarding defective 

components and replacement of such components in its inventory reports. 

H-2 Storage of Component Items: Components will be stored in such a manner as to protect them from damage due 

to temperature or humidity changes. DLA Troop Support may be contacted for assistance concerning individual 

component storage problems or concerns regarding proper method. If bulk-packaged components are removed from 

storage in a frozen condition, they shall not be exposed to high temperatures and/or humidity without first being 

tempered. Tempering shall be done by raising the temperature to no greater than 40 degrees F the first 24 hours; and 

to no more than 65 degrees F and 55 percent humidity the second 24 hours. Packaging material shall not be removed 

prior to completing the tempering procedure. 

H-3 FIFO Requirements: Components will be utilized in assembly operations on the first-in, first-out (FIFO) basis 

(or oldest manufacturer's date of pack when receipted). A manufacturer's component lot, described by the Julian date 

of pack, shall be completely assembled and exhausted before assembling the next component lot. 
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H-4 Bulk Component Packaging: To assure the unwrapped components are packaged in a satisfactory manner, the 

following minimum sanitation requirements are established in the performance of any contract awarded: 

A. Strict adherence to Good Manufacturing Practices is required. 

B. An appropriate level of sanitation will be maintained in the bulk product packaging area in accordance with the 

facility sanitation program. 

C. Personnel involved in packaging operations will be provided with clean white frocks as needed. 

D. The hands of personnel participating in bulk product packaging operations must be clean at all times and free 

from sores, cuts, and/or abrasions. 

E. Personnel involved in packaging operations will be required to wear head coverings (hat or hair net) and beard 

nets, when appropriate. 

H-5 Subassemblies: Payment to assemblers will be based upon the number of completed boxes assembled and 

delivered. No compensation will be allowed for subassemblies which are not incorporated into completed boxes. 

H-6 Distribution of Production Progress Reports: The contractor shall prepare DD Form 375 (Production 

Progress Report), and DD Form 375C if and as required by the Administrative Contracting Officer. 

H-7 Force Protection The DLA Troop Support Subsistence Directorate provides worldwide subsistence logistics 

support during peacetime as well as during regional conflicts, contingency operations, national emergencies and 

natural disasters. At any time, the United States Government, its personnel, resources and interests may be the target 

of enemy aggression to include espionage, sabotage or terrorism. This increased risk requires DLA Troop Support to 

take steps and insure steps are taken to prevent the deliberate tampering and contamination of subsistence items. As 

the holder of a contract with the Department of Defense, the awardee should be aware of the vital role they play in 

supporting our customers. It is incumbent upon the awardee to take all necessary actions to secure product delivered 

to all military customers as well as any applicable commercial destinations. We strongly recommend all firms review 

their security plans relating to plant security and security of the product in light of the heightened threat of terrorism. 

The contractor will insure that products and/or packaging have not been tampered or contaminated throughout the 

manufacturing, storage and delivery process. The Contractor will immediately inform DLA Troop Support 

Subsistence of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or 

contaminate subsistence supplies. Accordingly, the offeror shall submit its Food Security Plan to describe what 

procedures are, or will be, in place to prevent product tampering and contamination, and assure overall plant security 

and food safety. The Plan should be formatted in accordance with, and address the issues contained in, the DLA Food 

Security Checklist. An electronic copy of the DLA Food Security Checklist is available at https://www.troopsupport.

dla.mil/subs/fs_check.pdf. NOTE: The offeror's Force Protection proposal shall be part of any contract awarded. The 

contractor's Food Security Plan may be audited by the AVI or the DLA Troop Support Quality Audit Team. Failure to 

comply with the provisions of the Plan will considered a deficiency(s), and the contractor will be required to take 

corrective action. Failure to take corrective action or repetitive or recurring deficiencies will be considered a failure 

by the contractor to comply with the terms and conditions of the contract. 

H-8 Production Standard Replenishment for Food Items: Acceptable PDMs will be used as production standards. 

The approval of any PDM will not constitute waiver of the requirement that all delivered product must meet all other 

contractual requirements such as but not limited to analytical requirements, physical requirements, microbiological 

requirements and/or performance requirements. Every 12 months or as needed, the Government Quality Assurance 

Representative (GQAR) will replenish the Government's supply of PDMs at origin with 70 samples randomly 

selected from a lot accepted by the Government for all contractual requirements. Every 12 months, the GQAR will 

randomly select 32 replenishment samples for Natick from a lot accepted by the Government for all contractual 

requirements. Contractor will be responsible for shipment to Natick. No Government Furnished Equipment (GFE) 
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will be supplied or may be used in performance of a TOTM contract. 

 

SECTION I - CONTRACT CLAUSES

I-1 

 

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR 

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

the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not 

purchased by this contract. 

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

clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the 

Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order 

at least the quantity of supplies or services designated in the Schedule as the “minimum.” 

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

number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or 

performance at multiple locations. 

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

completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and 

Government's rights and obligations with respect to that order to the same extent as if the order were completed 

during the contract's effective period ; provided, that the Contractor shall not be required to make any deliveries under 

this contract after. (End of clause) 

52.202-01 DEFINITIONS (NOV 2013) FAR 

52.203-03 GRATUITIES (APR 1984) FAR 

52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR 

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR 

52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014) FAR 

52.203-08 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER 

ACTIVITY (MAY 2014) FAR 

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

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

2010) FAR 

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND 

REINVESTMENT ACT OF 2009 (JUN 2010) FAR 

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (OCT 

2016) DFARS 

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-
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CONTRACT-RELATED FELONIES (DEC 2008) DFARS 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) 

DFARS 

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN 

INTERNAL CONFIDENTIALITY AGREEMENTS (NOV 2016) DFARS 

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER 

(MAY 2011) FAR 

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) FAR 

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 

2016) FAR 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS 

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION 

CONTROLS (OCT 2016) DFARS 

(a) Definitions. As used in this provision -- “Controlled technical information,” “covered contractor information 

system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense 

Information and Cyber Incident Reporting. 

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

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

systems that support the performance of this contract. 

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

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

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

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

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

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

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

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

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

explanation of -- 

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

(B) How an alternative but equally effective, security measure is used to compensate for the inability 

to satisfy a particular requirement and achieve equivalent protection. 

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

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

be incorporated into the resulting contract. 

(End of provision) 

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR 
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REPORTED CYBER INCIDENT INFORMATION (OCT 2016) DFARS 

(a) Definitions. As used in this clause -- “Compromise” means disclosure of information to unauthorized persons, or a 

violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, 

modification, destruction, or loss of an object, or the copying of information to unauthorized media may have 

occurred. “Controlled technical information” means technical information with military or space application that is 

subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or 

dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B 

through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. 

The term does not include information that is lawfully publicly available without restrictions. “Covered defense 

information” means unclassified information that -- 

(1) Is -- 

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

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

the performance of the contract; and 

(2) Falls in any of the following categories: 

(i) Controlled technical information. 

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

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

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

(part of Operations Security process). 

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

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

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

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

nuclear technology information. 

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

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

privacy, proprietary business information). 

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

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

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

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

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

(or derived from such information obtained under that clause): 

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

assistance directly to the Government in support of the Government's activities related to clause 252.204-7012, 

and shall not be used for any other purpose. 

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

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

with this clause prior to the employees being provided access to or use of the information. 
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(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure 

agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause. 

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

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

other appropriate remedies by the United States; and 

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

incident, as a third party beneficiary of this clause. 

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

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

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

alteration, except to identify the parties. 

(End of clause) 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT 

REPORTING (OCT 2016) DFARS 

a) Definitions. As used in this clause -- 

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

unauthorized access to, or modification of information. 

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

system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, 

or the copying of information to unauthorized media may have occurred. 

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

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

description, facility locations), personally identifiable information, as well as trade secrets, commercial or 

financial information, or other commercially sensitive information that is not customarily shared outside of the 

company. 

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

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

controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. 

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F 

using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term 

does not include information that is lawfully publicly available without restrictions. 

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

contractor and that processes, stores, or transmits covered defense information. 

“Covered defense information” means unclassified information that -- 

(i) Is -- 

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

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of 

the contractor in support of the performance of the contract; and
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(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the 

Operations Security process about friendly intentions, capabilities, and activities vitally needed by 

adversaries for them to plan and act effectively so as to guarantee failure or unacceptable 

consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, 

technology, software, or other information whose export could reasonably be expected to adversely 

affect the United States national security and nonproliferation objectives. To include dual use items; 

items identified in export administration regulations, international traffic in arms regulations and 

munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that 

requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and 

Governmentwide policies (e.g., privacy, proprietary business information).

(E)

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

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

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative 

purposes in a manner that maintains the integrity of the data. 

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will 

have adverse impact on the confidentiality, integrity, or availability of an information system. This definition 

includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some 

forms of adware. 

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, 

magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or 

printed within an information system. 

``Operationally critical support'' means supplies or services designated by the Government as critical for airlift, 

sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or 

sustainment of the Armed Forces in a contingency operation. 

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident. 

“Technical information” means technical data or computer software, as those terms are defined in the clause at 

DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is 

incorporated in this solicitation or contract. Examples of technical information include research and engineering 

data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, 

technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer 

software executable code and source code. 

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on 

all covered contractor information systems that support the performance of work under this contract. To 

provide adequate security, the Contractor shall -- 
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(1) Implement information systems security protections on all covered contractor information systems 

including, at a minimum -- 

(i)For covered contractor information systems that are part of an Information Technology (IT) 

service or system operated on behalf of the Government - 

(A)Cloud computing services shall be subject to the security 

requirements specified in the clause 252.239-7010, Cloud Computing 

Services, of this contract; and 

(B) Any other such IT service or 

system (i.e., other than cloud computing) shall be subject to the security 

requirements specified elsewhere in this contract; or 

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

operated on behalf of the Government and therefore are not subject to the security 

requirement specified at paragraph (b)(1)(i) of this clause -- 

 

(A) The security requirements in 

National Institute of Standards and Technology (NIST) Special Publication 

(SP) 800-171, “Protecting Controlled Unclassified Information in 

Nonfederal Information Systems and Organizations,” http://dx.doi.

org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is 

issued or as authorized by the Contracting Officer, as soon as practical, but 

not later than December 31, 2017. The Contractor shall notify the DoD 

CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, 

of any security requirements specified by NIST SP 800-171 not 

implemented at the time of contract award; or 

 

(B) Alternative but equally effective 

security measures used to compensate for the inability to satisfy a 

particular requirement and achieve equivalent protection accepted in 

writing by an authorized representative of the DoD CIO; and 

 

 

(2) Apply other information systems security measures when the Contractor easonably determines 

that information systems security measures, in addition to those identified in paragraph (b)(1) of 

this clause, may be required to provide adequate security in a dynamic environment based on an 

assessed risk or vulnerability. 

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor 

information system or the covered defense information residing therein, or that affects the 

contractor's ability to perform the requirements of the contract that are designated as operationally 
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critical support, the Contractor shall --

(i) Conduct a review for evidence of compromise of 

covered defense information, including, but not limited to, identifying compromised 

computers, servers, specific data, and user accounts. This review shall also include 

analyzing covered contractor information system(s) that were part of the cyber 

incident, as well as other information systems on the Contractor's network(s), that 

may have been accessed as a result of the incident in order to identify compromised 

covered defense information, or that affect the Contractor's ability to provide 

operationally critical support; and

 

(ii) Rapidly report cyber incidents to DoD at http://dibnet.

dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information 

created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

 

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the 

Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber 

incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/

Pages/index.aspx.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious 

software in connection with a reported cyber incident shall submit the malicious software in accordance 

with instructions provided by the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, 

the Contractor shall preserve and protect images of all known affected information systems identified in 

paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from 

the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon 

request by DoD, the Contractor shall provide DoD with access to additional information or equipment 

that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the 

Contracting Officer will request that the Contractor provide all of the damage assessment information 

gathered in accordance with paragraph (e) of this clause.

(h)DoD safeguarding and use of contractor attributional/proprietary information. The Government shall 

protect against the unauthorized use or release of information obtained from the contractor (or derived from 

information obtained from the contractor) under this clause that includes contractor attributional/proprietary 

information, including such information submitted in accordance with paragraph (c). To the maximum extent 

practicable, the Contractor shall identify and mark attributional/proprietary information. In making an 

authorized release of such information, the Government will implement appropriate procedures to minimize 

the contractor attributional/proprietary information that is included in such authorized release, seeking to 
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include only that information that is necessary for the authorized purpose(s) for which the information is 

being released. 

 (i) Use and release of contractor attributional/proprietary information not created by or for DoD. 

Information that is obtained from the contractor (or derived from information obtained from the contractor) 

under this clause that is not created by or for DoD is authorized to be released outside of DoD -- 

(1) To entities with missions that may be affected by such information; 

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber 

incidents; 

(3) To Government entities that conduct counterintelligence or law enforcement investigations; 

(4) For national security purposes, including cyber situational awareness and defense purposes 

(including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or 

(5) To a support services contractor (“recipient”) that is directly supporting Government activities 

under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of 

Third-Party Contractor Reported Cyber Incident Information. 

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

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

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

clause) is authorized to be used and released outside of DoD for purposes and activities authorized by 

paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable 

statutory, regulatory, and policy based restrictions on the Government's use and release of such information. 

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

regulations on the interception, monitoring, access, use, and disclosure of electronic communications and 

data. 

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

this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident 

reporting pertaining to its unclassified information systems as required by other applicable clauses of this 

contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. 

(m) Subcontracts. The Contractor shall -- 

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

instruments, for operationally critical support, or for which subcontract performance will involve a 

covered contractor information system, including subcontracts for commercial items, without 

alteration, except to identify the parties; and 

(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber 

incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing 

the incident report number, automatically assigned by DoD, to the prime Contractor (or next highertier subcontractor) as soon as practicable. 

(End of clause) 

252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS (MAY 

2016) DFARS 

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 
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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 TERRORIST COUNTRY (OCT 2015) DFARS 

52.210-01 MARKET RESEARCH (APR 2011) FAR 

52.211-05 MATERIAL REQUIREMENTS (AUG 2000) FAR 

52.211-11- LIQUIDATED DAMAGES- SUPPLIES, SERVICES AND RESEARCH AND DEVELOPMENT 

 

AMOUNT OF LIQUIDATED DAMAGES 

 

(a) Unless the condition in paragraph (b) below is met, failure of the Contractor to deliver any item of 

supply within the time 

specified in the contract will result in a downward adjustment of the contract price for that item in 

accordance with Federal 

Acquisition Regulation (FAR) clause 52.211-11, Liquidated Damages - Supplies, Services, or Research and 

Development. 

(b) If this contract is awarded on the basis of delivery to other than the low offeror, the amount specified 

in FAR 52.211-11(a) 

will be replaced by a dollar figure calculated as follows: 

Calculate the difference between the contract award price and the price of the low offeror. Calculate the 

difference in the 

number of days of the delivery schedule of the contract awardee and the number of days of the delivery 

schedule of the low 

offer. Divide the price difference by the delivery day difference, for the per day liquidated damage 

amount to use instead of 

the amount in FAR 52.211-11(a). 

(c) Notwithstanding any other provision of the contract, the total amount of liquidated damages which 

the Contractor may be 

charged for any item of supply shall in no event exceed twenty-five percent (25%) of the contract price of 

the delinquent 

quantities of that item. 

 

Addendum to 52.211-11- Liquidated Damages- Supplies, Services, or Research and Development 

If any CLIN is not delivered in accordance with the delivery schedule stipulated in any subsequent Delivery Order issued 

under the resultant long term contract(s) and/or 

agreed upon by both the contractor and the Government, unless the delay in delivery is not due to unforeseen events (Act 

of God, 

Labor dispute, etc) the contractor shall pay to the Government liquidated damages according to the breakdown below: 
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- First 3 days (calendar days) late - The contractor will be fined the total amount of 5% of total dollar value of each late CLIN 

per delivery order. 

- The late fee will increase by increments of 2% for each subsequent three day late period (for example 6 days late will be 

fined 7%, 11 late days will be 9% and so forth). 

- The Government will issue a Credit Memo modification on the Delivery Order to collect any and all liquidated damages 

owed for delinquent deliveries. Each Credit Memo modification will have an issuing fee assessed at $250, and the contractor 

will be responsible for this fee. 

 

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

DFARS 

 (a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process 

that has been accepted previously by the Department of Defense under the Single Process Initiative 

(SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. 

Under SPI, these processes are reviewed and accepted by a Management Council, which includes 

representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract 

Audit Agency, and the military departments. 

(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and 

standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available 

via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2). 

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

cited in the solicitation shall

(1) Identify the specific military or Federal specification or standard for which the SPI process 

has been accepted; 

(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of 

military or Federal specifications or standards cited in the solicitation; 

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

process; and 

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, 

but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit 

documentation of Department of Defense acceptance of the SPI process. 

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor 

shall use the following SPI processes in lieu of military or Federal specifications or standards: 

(Offeror insert information for each SPI process) 

SPI Process:
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Facility:

Military or Federal Specification or Standard:

Affected Contract Line Item Number, Subline Item Number, Component, or Element:

(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification 

that an SPI process is an acceptable replacement for military or Federal specifications or standards 

required by the solicitation, the prospective offeror

(1) May submit the information required by paragraph (d) of this clause to the Contracting 

Officer prior to submission of an offer; but 

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the 

date specified for receipt of offers. 

(End of clause) 

52.215-02 AUDIT AND RECORDS - NEGOTIATION (OCT 2010) FAR 

52.215-08 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR 

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010) 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 , 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 contract maximum; 

(2) Any order for a combination of items in excess of contract maximum; or 

(3) A series of orders from the same ordering office within 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 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) 
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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 contract award date through contract expiration date.

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (MAR 2016) DFARS 

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

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

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR 

52.222-26 EQUAL OPPORTUNITY (SEP 2016), ALT I (FEB 1999) FAR 

Notice: The following terms of this clause are waived for this contract: 

No items are waived from this clause. 

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

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

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

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS 

ACT (DEC 2010) FAR 

52.222-50 COMBATTING TRAFFICKING IN PERSONS (MAR 2015) FAR 

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015), ALT I (MAR 2015) FAR 

**** 

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of 

performance as indicated below: 

Document Title: Document may be obtained from: Applies performance to in/at: 

[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as 

website link) for obtaining document; and, indicate the contract performance location outside the U.S. to which the 

document applies.] 

52.223-06 DRUG-FREE WORKPLACE (MAY 2001) FAR 

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING 

(AUG 2011) FAR 

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR 

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

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (DEC 2016), ALT I (DEC 

2016) DFARS 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016) DFARS 

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) DFARS 

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

 

“Component” means any item supplied to the Government as part of an end product or of another component. 

 

“End product” means supplies delivered under a line item of this contract. 

 

"Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding 

or international agreement with the United States in which both countries agree to remove barriers to 

purchases of supplies produced in the other country or services performed by sources of the other country, 

and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the 

Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are 

qualifying countries: 

 

Australia

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Luxembourg 

Netherlands 
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Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

 

“Structural component of a tent” --

 

(i) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, 

flooring, guy ropes, pegs);

 

(ii) Does not include equipment such as heating, cooling, or lighting.

 

“United States” means the 50 States, the District of Columbia, and outlying areas. 

 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any 

vessel registered or having national status under the laws of the United States. 

 

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or 

components, that have been grown, reprocessed, reused, or produced in the United States:

 

(1) Food.

 

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added 

to, and not normally associated with, clothing and the materials components thereof. Clothing includes items 

such as outerwear, headwear, underwear, nightwear. footwear, hosiery, handwear, belts, badges, and insignia.

 
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(3)(i) Tents and structural components of tents;

 

(ii) Tarpaulins; or 

 

(iii) Covers. 

 

(4) Cotton and other natural fiber products. 

 

(5) Woven silk or woven silk blends. 

 

(6) Spun silk yarn for cartridge cloth. 

 

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such 

fabrics. 

 

(8) Canvas products. 

 

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). 

 

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, 

yarns, fabrics, or materials listed in this paragraph (b).

 

(c) This clause does not apply --

 

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other items for 

which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as 

and when needed at U.S. market prices;

 

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which 

the estimated value of the cotton, other natural fibers, or wool --

 
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(i) Is not more than 10 percent of the total price of the end product; and

 

(ii) Does not exceed the simplified acquisition threshold in FAR Part 2; 

 

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives; 

 

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United 

States, regardless of where the foods (and any component if applicable) were grown or produced. Fish, 

shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood 

contained in foods manufactured or processed in the United States shall be provided in accordance with 

paragraph (d) of this clause; 

 

(5) To chemical warfare protective clothing produced in a qualifying country; or

 

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the 

synthetic or coated synthetic fabric itself), if --

 

(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of 

textile products, made in whole or in part of fabric, include

 

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and 

Commercial Furnishings and Appliances);

 

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/

apparel/findings/tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and 

Insignia;

 

(C) Upholstered seats (whether for household, office, or other use); and

 

(D) Parachutes (Federal Supply Class 1670); or 

 

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured 

in a qualifying country.

 
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(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this 

contract --

 

(i) Shall be taken from the sea by U.S.-flag vessels; or 

 

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and 

 

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag 

vessel or in the United States.

 

(End of clause) 

 

252.225-7036 BUY AMERICAN - FREE TRADE AGREEMENTS - BALANCE OF PAYMENTS PROGRAM 

(DEC 2016) DFARS 

52.226-06 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAR 2009) 

FAR 

(a) Definitions. As used in this clause -- “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 (Pub. L. 110-247), 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). 
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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 (SEP 2004) 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 

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) DFARS 

52.232-01 PAYMENTS (APR 1984) FAR 

52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR 

52.232-11 EXTRAS (APR 1984) FAR 

52.232-17 INTEREST (MAY 2014) FAR 

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR 

52.232-25 PROMPT PAYMENT (JAN 2017) FAR 

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS 

(JUN 2012) DFARS 

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

52.233-01 DISPUTES (MAY 2014) FAR 

52.233-03 PROTEST AFTER AWARD (AUG 1996) FAR 

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR 

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) 

DLAD 

  

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

[ ]. Alternate wording may be negotiated with the contracting officer.

52.242-13 BANKRUPTCY (JUL 1995) 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 
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** ** 

(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 cer tify 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 (DEC 2015) FAR 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS 

(DOD CONTRACTS) (JUN 2013) DFARS 

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) FAR 

  

(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 the 

required 18 month shelf life for TOTM 

** ** 

(c) Remedies available to the Government. 

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in 

paragraph (b)(1) of this clause within 45 days after DLA Troop Support is notified discovery of the defect 

**** 

52.246-23 LIMITATION OF LIABILITY (FEB 1997) FAR 

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013) DFARS 

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA (APR 2014) DFARS 

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 

52.251-01 GOVERNMENT SUPPLY SOURCES (APR 2012) FAR 

252.251-7000 ORDERING FROM GOVERNMENT SUPPLY SOURCES (AUG 2012) DFARS 

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 
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be accessed electronically at this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ . 

(End of Clause) 

52.253-01 COMPUTER GENERATED FORMS (JAN 1991) FAR 

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015) 

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. 

(End of clause) 

 

I-2 Food Defense: 

The DLA Troop Support Subsistence Directorate provides world-wide subsistence 

logistics support during peace time as well as during regional conflict, contingency 

operations, national emergencies and natural disasters. At any time, the United States 

Government, its personnel, resources and interests may be the target of enemy aggression to 

include espionage, sabotage or terrorism. This increased risk requires DLA Troop Support 
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to take steps and insure steps are taken by its contractors to prevent the deliberate tampering 

and contamination of subsistence items. 

As the holder of a contract with the Department of Defense, the awardee should be 

aware of the vital role they play in supporting our customers. It is incumbent upon the 

awardee to take actions to secure product delivered to all military customers, as well as any 

applicable commercial destinations. We strongly recommend all firms review their security 

plans relating to plant security and security of the product in light of the heightened threat 

of terrorism. 

The contractor will insure that products and/or packaging have not been tampered 

or contaminated throughout the manufacturing, storage and delivery process. The 

Contractor will immediately inform DLA TROOP SUPPORT Subsistence of any attempt or 

suspected attempt by any party or parties, known or unknown, to tamper with or 

contaminate subsistence supplies. 

The offeror's Food Defense proposal shall be part of any contract awarded. The 

contractor's Food Defense Plan (Plan) may be audited by the AVI or the DLA Troop 

Support Quality Audit Team. Failure to comply with provision of the Plan will be 

considered a failure by the contractor to comply with the terms and conditions of the 

contract. 

 

I -3 Integrated Pest Management Plan:

 

Integrated Pest Management (IPM) Program Requirements for Operational Rations 

Applicable to all Operational Rations Facilities 

28 April 2011 

 

I. Scope and Applicability: 

 

A. All contractors and/or subcontractors who manufacture, repackage, store, assemble, or ship Government 

Furnished Material (GFM) and/or Contractor Furnished Material (CFM) used in the production and/or assembly of 

operational rations are required to have an integrated pest management program in place. The IPM program 

implemented needs to adequately protect products from infestation and/or contamination by insects (or other 

arthropods), rodents, birds, or other animals. Contractors/ subcontractors supplying other than subsistence items for 

the Operational Rations programs are exempt from this requirement. However, suppliers of nonfood items must 

adhere to Good Manufacturing Practices so as to avoid the introduction of filth and/or pests into associated food 

manufacturing and assembly facilities. 

B. The IPM program implemented shall comply with the Federal Food, Drug and Cosmetic Act; the Federal 

Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended; and any regulations promulgated there under. 

C. SECTION RESERVED 

D. Contractors and/or subcontractors of products with Higher Level Quality Requirements (documented Quality 

Systems Plan required) must submit the following to DLA Troop Support-FTS as part of their Quality System Plan:

 

1. A statement on whether service is in-house or provided by an external provider. If the service provider is 

external, submit the name of the company/provider. Additionally, a copy of the current pesticide applicator 

certificate/license shall be submitted for either in-house or external service providers. 
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2. A map of the facility indicating the location of pest management devices (pheromone traps, rodent 

control devices, etc.). If more than one facility is used (i.e. storage of ingredients or finished goods), a map 

for each facility is required. 

3. A statement identifying the normal frequency (weekly, bi-weekly, etc.) of inspecting pest management 

devices by company personnel and/or contracted service, as applicable. 

4. If pesticides are stored on site, how are they controlled (who has access, is the inventory monitored, 

etc.)?

 

E. The IPM program shall be in existence prior to contract award. The program will also be fully implemented 

prior to initial receipt, production, storage, assembly, or shipment of Operational Ration components, end items, or 

final assemblies. The Contracting Officer may take whatever action is deemed necessary to ensure full compliance 

with any and all aspects of the IPM program. The Government reserves the right to inspect the premises and 

associated products and materials and to reject those products and/or materials evidencing pest infestation/

contamination or determined to be produced or held under insanitary conditions. 

 

II. Integrated Pest Management (IPM) Program Concepts 

 

A. IPM may be defined as "the use of all appropriate technological and management techniques to bring 

about an effective degree of pest prevention and suppression in a cost-effective, environmentally sound manner". 

Accordingly, the goal of IPM is to minimize the adverse environmental impact of pesticides while achieving an 

acceptable level of control and cost effectiveness. The single most important aspect of IPM in the food processing and 

storage industry is SANITATION.

 

B. Basic IPM Program Elements 

 

1. Sanitation, housekeeping, and good manufacturing practices. 

2. Continuous product and facility inspections to include a pest surveillance program, utilizing pheromone 

surveillance technology. 

3. Proper facility design, maintenance, and physical pest exclusion. 

4. Proper stock handling and warehousing techniques. 

5. Appropriate use of mechanical pest control techniques and trapping strategies. 

6. Proper selection and application of pesticides, using those of least toxicity where feasible. 

 

I. IPM Program Required Elements* *This section (III.) contains those required elements of the IPM program for 

Operational Rations which should be addressed in the program implemented. All program elements should be 

addressed. Requests for waivers and/or modifications to any of the elements contained in the IPM program must be 

submitted in writing to DLA Troop Support- FTSB thru the Contracting Officer for consideration. 

 

A. Sanitation, Housekeeping, and Good Manufacturing Practices 

 

1. At least one (1) week prior to the initiation of any associated contract operation, all portions of the subject 

facility shall be rendered sanitary and pest free. A comparable level of sanitation will be achieved in all adjacent 
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facility areas, even if not directly associated with Government contract operations. 

2. Any equipment not required in the handling or processing of food or non-food items, and which is not a part of 

the required production/assembly process, shall be clean and properly maintained to preclude pest infestation/

harborage. 

3. Spilled food or ingredients, residue from damaged product, waste packaging or packing materials, and all other 

debris shall be cleaned up and properly disposed of by the end of each workday. Infested residue or debris will be 

disposed of immediately. Waste receptacles will be kept covered at all times. 

4. Inbound conveyances will be inspected to determine that they have arrived in a sanitary and pest free condition. 

Evidence of conveyance infestation will be immediately reported to DLA Troop Support. Outbound conveyances 

will be inspected and rendered sanitary and pest free before loading. 

5. Damaged product will not be placed in the general storage area. Damaged product discovered in the general 

storage area will be removed to a designated rework/salvage area. The rework/salvage area will be maintained in a 

highly sanitary and pest free condition at all times. Damaged product, which cannot be salvaged, will be 

expeditiously disposed of with the approval of the Contracting Officer when required. 

6. Ingredient mixing/batching rooms/areas will receive detailed attention to sanitation requirements. Product 

residues associated with such operations will not be allowed to accumulate. 

7. The facility grounds will be maintained in a neat and orderly manner, free of trash, debris, and accumulations of 

excess materials and equipment, which may provide harborage for insect and rodent pests. Dumpsters will be kept 

covered at all times. 

B. Product/Facility Inspections and Pest Surveillance 

1. All incoming products and materials, including packaging and packing materials will be inspected upon receipt 

for evidence of pest infestation/contamination. Special attention should be given to the receipt of raw ingredients 

and spices, as these items are highly susceptible to infestation. 

2. Daily facility walk-through sanitary inspections should be conducted in order to identify damaged product, 

infested/contaminated materials, facility maintenance needs, and to evaluate the overall effectiveness of sanitation 

and pest management programs. 

 

NOTE: The procedures in the following paragraph 3 must be fully implemented within thirty (30) days of contract award 

for solicitations containing this IPM program. 

 

3. Insect surveillance will be accomplished by means of pheromone trapping, utilizing specific or combination 

pheromone traps to provide surveillance for the major stored product pest species commonly infesting processed 

foods and ingredient items. NOTE: If Pheromone traps are not utilized, the rationale for non-use should be clearly 

indicated in the plan. 

a. Pheromone traps will be located at appropriate intervals throughout all ingredient and food component 

storage areas to provide for early detection of stored product insect activity. Pheromone lures will be 

periodically changed in accordance with the manufacture's recommendations. Damaged and/or dirty traps 

will be changed when necessary. 

b. Trap monitoring should be accomplished jointly by contractor and pest control subcontractor personnel 

when an external service provider is used. The in-plant Government Quality Assurance Representative 

(GQAR) shall have access to the monitoring records. Reports of activity over an extended period without 

action being taken shall be reported to the Contracting officer and DLA Troop Support-FTS. A written 

corrective and preventive action plan from the contractor will be requested if the problem persists. 

c. If insect activity is observed within contractor facilities by the GQAR during the course of contract 

operations, exclusive of pheromone traps and electrocution devices, the GQAR shall immediately, verbally, 

notify the contractor and confirm this in writing. A copy of the written report shall simultaneously e-mailed 

to the Contracting Officer and DLA Troop Support-FTS. The contractor shall take immediate action and 

submit a written corrective plan (including specimen identification by the Contractor's Pest Management 

Company or Qualified Pest Management personnel) within 5-working days to the Contracting Officer and 

DLA Troop Support-FTS. 
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C. Facility Design, Maintenance, and Pest Exclusion 

1. Roofs and walls will be maintained in a good state of repair to prevent leaks and accumulations of standing 

water. 

2. All holes or gaps in interior and exterior walls will be sealed as necessary on a continual basis. 

3. All exterior openings, including windows, air exchangers (unless fitted with operable louvers), vents, and doors 

which may remain open, will be properly screened. 

4. All door entrances will be self-closing and constructed of rodent-proof material in such a manner to preclude 

rodent entry when closed. Cargo or dock doors will be equipped either with inflatable/adjustable boots, full-length 

vinyl strips, and/or properly functioning air curtains. Cargo doors left open for ventilation will be fitted with 

framed screen inserts to prevent insect entry. 

5. Cleaning and caulking/sealing of facility floor and wall cracks/joints should be attended to as necessary on a 

continuing basis. 

D. Stock Handling and Warehousing Techniques 

1. Infestible food components and ingredients will be stored a minimum of 18 inches away from all walls and 

partitions. Inspection aisles of not less than 18 inches will be maintained between each two (2) rows or stacks of 

subject product. Pallet rack systems are acceptable as long as all product is readily accessible for inspection. 

Infestible ingredient items, when stored in rack systems, will be located at the lowest levels and consolidated for 

ease of monitoring and surveillance. 

2. Two or more infestible components will not be located on a single pallet. 

3. Proper stock handling practices, designed to minimize product damage, will be enforced throughout the course 

of contract operations. 

4. Commercial ingredient items of an infestible nature will be stored separately from ingredient items used in the 

Government contract operation. Remaining commercial components and end items will be segregated to the 

maximum extent possible, given the physical constraints of the storage facility. 

E. Mechanical Control and Trapping Strategies 

1. Mechanical rodent control devices and/or traps may be utilized in any area of the food processing and storage 

facility as long as they do not interfere with normal production operations. These devices are used in lieu of bait 

stations containing rodenticides. If food type bait materials are used in conjunction with traps, they should be 

monitored for potential insect infestation. A map or layout of all facilities showing the existing or intended 

locations of mechanical rodent control devices will be included. 

2. Rodent glue boards may be utilized as required for control and also as a means of rodent surveillance. 

3. Reliance on magnetic or sonic repelling devices for insect, rodent, and/or bird control is not recommended. 

4. Properly approved and installed insect electrocution devices may be utilized in all areas of the facility at the 

discretion of the contractor. Electrocution devices will be maintained in a clean and sanitary manner and positioned 

so as not to contaminate food products or food contact surfaces. 

F. Pesticide Selection and Application 

1. Applicator and Pesticide Documentation 

a. The application of pesticides, categorized as "Restricted Use" by the Environmental Protection Agency 

(EPA), will only be performed by properly trained and certified pesticide applicators. Legible copies of 

valid State applicator licenses/ certifications for in-house (contractor) personnel applying "Restricted Use" 

pesticides on the premises will be provided. Legible copies of product labels for any "Restricted Use" 

pesticide proposed for use will be available for on-site review and/or provided upon written request from 

the Contracting Officer. 

b. The application of "General Use" pesticides may be performed by trained persons. Individual State 

restrictions may apply to the application of "General Use" pesticides in a commercial food processing and/

or storage facility. The names and qualifications for in-house personnel applying "General Use" pesticides 

on the premises will be provided, if not commercially certified as above. Legible copies of product labels 

for any "General Use" pesticide proposed for use will be available for on-site review and/or provided upon 

written request from the Contracting Officer. 

2. The selection, application method, and frequency of application for residual insecticides, flushing agents, space 
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treatment chemicals, insect growth regulators, rodenticides, and herbicides will be left to the discretion of the 

contractor or the pest control subcontractor. Pesticide application and treatment records will be kept for each 

facility treated and will be maintained for a minimum of one (1) year. These treatment records will be made 

available to the Government upon request and will be reviewed during Quality Systems Audits or other visits to the 

establishment. 

 

NOTE: Residual insecticides applied in processing facilities, which fall under the jurisdiction of the USDA Food Safety 

and Inspection Service (FSIS) - Meat and Poultry Inspection Office (MPIO), will be applied in accordance with MPI 

directives and with the approval of the GQAR in Charge. 

 

NOTE: In no case will product, pouches/pouch material, meal bags/material, lids, cans, accessory bags, or unassembled 

component items be exposed during pesticide applications. 

 

3. Facility exterior perimeter rodent bait stations, containing an EPA approved rodenticide, are required. Bait 

stations will be of the tamper proof type and secured for safety. The locations of the exterior bait stations will be 

indicated on the facility maps or layouts. Rodenticides will not be used in processing, assembly, or storage areas. 

4. If a requirement exists for the use of toxic rodent tracking powders, a DLA TROOP SUPPORT entomologist 

will first be notified and approval granted for such use. Nontoxic tracking powders may be utilized at the discretion 

of the pest control service person. 

5. A fumigation capability must be available in the event either product or facility fumigation becomes necessary. 

If fumigation is necessary, DLA Troop Support may request the source of the capability and a copy of the subject 

certification be provided. 

 

NOTE: Retorted and pouch sealed components, as well as final assembled rations, will not be fumigated unless authorized 

by the Contracting Officer (and as recommended by the DLA Troop Support Food Safety Office or DLA Troop SupportFTS). 

 

II. Required Notifications 

 

A. Intended changes, additions, deletions, or other proposed modifications to an IPM program which impacts 

products intended for Government use will be submitted to the Contracting Officer for evaluation by a DLA Troop 

Support-FTS before implementation. 

 

B. The Contracting Officer shall be immediately informed of any infestations found in product, packaging supplies, 

or within the facilities themselves. Immediate telephonic and/or e-mail notification to the Contracting Officer and 

DLA Troop Support-FTS is required by the contractor and/or the GQAR as applicable. 

 

C. The GQAR and/or DLA Troop Support-FTS will inform contractors of unfavorable pest situations, as they are 

determined or observed during daily sanitary inspections or during audits. The contractor is required to submit a 

corrective and preventive action plan describing what actions are being taken to correct the unfavorable situation.

 

I - 4 

Subcontracting Plan 

A subcontracting plan shall be submitted as part of your proposal for all applicable Large Business concerns. 

I-5 
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All offers containing more than two decimal places, whether for the initial proposal or subsequent delivery orders, will be 

rounded to the nearest two digits for evaluation. 

The requirements of the solicitation, contained in section I-1 through I-5 above, will be evaluated for their 

acceptability. Issues found during evaluation and discussed during negotiations will be reflected in the award 

document. The successful awardee(s) will be required to maintain an acceptable S&S Capability Assessment Plan 

(CAP), Quality System Plan (QSP), Integrated Pest Management Plan, and Food Defense Plan throughout the life 

of the contract. The awardee(s) must have its QSP, Integrated Pest Management Plan, and Food Defense Plan 

approved by the contracting officer within 45 calendar days after the award date. Failure to receive an acceptable 

rating on any one or more of these documents within 45 calendar days after the award date will be a breach of the 

contract for which the Government may exercise its available rights, including, but not limited to, terminating the 

contract. NOTE: If the requirements referenced above have already been submitted and an up to date document is 

on file at DLA Troop Support, please reference the document and the solicitation number that it was submitted for. 

 

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR

 

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR

 

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR

 

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) FAR

As prescribed in 4.1804(d), insert the following provision: 

(a) Definitions. As used in this provision - 

“Commercial and Government Entity (CAGE) code” means - 

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and 

Government Entity (CAGE) Branch to identify a commercial or government entity; or 

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency 

(NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch 

records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. 

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

“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. 

(b) 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. 

(c) If the Offeror has indicated “is” in paragraph (b) 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: 

Predecessor legal name: 

(Do not use a “doing business as” name) 

(End of provision) 

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

 

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

INFORMATION (OCT 2016) DFARS

 

SECTION J - LIST OF ATTACHMENTS Header C1

 

List of Attachments

File Name Description ATTACH_Menu_Samples totm menu.docx

 

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

252.203-7994 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN 

INTERNAL CONFIDENTIALITY AGREEMENTS --REPRESENTATION (NOV 2016) DFARS 

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015) 

DFARS 

**** 

(2) The following representations or certifications in ORCA are applicable to this solicitation as indicated by the 

Contracting Officer: [Contracting Officer check as appropriate.] 

[ X ] (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. 

[ X ] (ii) 252.225-7000, Buy American --Balance of Payments Program Certificate. 

[ X ] (iii) 252.225-7020, Trade Agreements Certificate. 

[ ] Use with Alternate I. 

[ ] (iv) 252.225-7022, Trade Agreements Certificate --Inclusion of Iraqi End Products. 

[ ] (v) 252.225-7031, Secondary Arab Boycott of Israel. 

[ X ] (vi) 252.225-7035, Buy American --Free Trade Agreements --Balance of Payments Program Certificate. 

[ ] Use with Alternate I. 

[ ] Use with Alternate II. 

[ ] Use with Alternate III. 

[ ] Use with Alternate IV. 

[ ] Use with Alternate V. 

 

(e) The offeror has completed the annual representations and certifications electronically via the Online 
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Representations and Certifications Application (ORCA) website at https://www.acquisition.gov/ . After reviewing the 

ORCA database information, the offeror verifies by submission of the offer that the representations and certifications 

currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this 

provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to 

this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as 

of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes 

identified below [offeror to insert changes, identifying change by provision number, title, date]. 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. 

 

FAR/DFARS Provision # Title Date Change 

 

 

 

 

 

  

52.207-04 ECONOMIC PURCHASE QUANTITY - SUPPLIES (AUG 1987) FAR 

 

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, 

proposals or quotes are requested in this solicitation is (are) economically advantageous to the 

Government. 

______________________________________________________________________________________________

_ 

______________________________________________________________________________________________

_ 

______________________________________________________________________________________________

_ 

______________________________________________________________________________________________

_ 

 

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to 

recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price 

must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price 

break occurs. If there are significant price breaks at different quantity points, this information is desired as well. 

OFFEROR RECOMMENDATIONS 

ITEM 

__________________________________________________________________________________________ 

QUANTITY_____________________________________________________________________________________

_ 

PRICE QUOTATION 

______________________________________________________________________________ 

TOTAL ________________________________________________________________________________________ 

 

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous 

quantities and to assist the Government in developing a data base for future acquisitions of these items. However, 

the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual 

item in the event quotations received and the Government's requirements indicate that different quantities 

should be acquired. 

 (End of provision) 

 
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52.209-07 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) FAR 

(a) Definitions. As used in this provision -- “Administrative proceeding” means a non-judicial process that is 

adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission 

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract 

Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection 

with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, 

corrective plans, or inspection of deliverables. “Federal contracts and grants with total value greater than 

$10,000,000” means -- 

(1) The total value of all current, active contracts and grants, including all priced options; and 

(2) The total value of all current, active orders including all priced options under indefinite-delivery, 

indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award 

Schedules). “Principal” means an officer, director, owner, partner, or a person having primary management or 

supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division 

or business segment; and similar positions). 

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than 

$10,000,000. 

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, 

that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is 

current, accurate, and complete as of the date of submission of this offer with regard to the following information: 

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection 

with the award to or performance by the offeror of a Federal contract or grant, been the subject of a 

proceeding, at the Federal or State level that resulted in any of the following dispositions: 

(i) In a criminal proceeding, a conviction. 

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, 

penalty, reimbursement, restitution, or damages of $5,000 or more. 

(iii) In an administrative proceeding, a finding of fault and liability that results in -- 

(A) The payment of a monetary fine or penalty of $5,000 or more; or 

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000. 

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or 

compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to 

any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. 

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this 

provision, whether the offeror has provided the requested information with regard to each occurrence. 

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as 

required through maintaining an active registration in the Central Contractor Registration database via https://www.

acquisition.gov (see 52.204-7). 

(End of provision) 

 

252.209-7003 RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS --
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REPRESENTATION (MAR 2012) DFARS 

252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX 

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW - FISCAL YEAR 2014 

APPROPRIATIONS (FEB 2014) DFARS 

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX 

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) 

(JAN 2012) 

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 

112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that- 

(1) 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 the agency has considered suspension or debarment of the corporation and 

made a determination that this further action is not necessary to protect the interests of the Government. 

(2) 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 the 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. 

(b) The Offeror represents that- 

(1) 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, 

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law 

within the preceding 24 months. 

(End of provision) 

 

 

52.225-18 PLACE OF MANUFACTURE (MAR 2015) FAR 

(a) Definitions. As used in this clause -- “ Manufactured end product” means any end product in Federal Supply 

Classes (FSC) 1000-9999, except -- 

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies; 

(3) FSG 88, Live Animals; 

(4) FSG 89, Food and Related Consumables; 

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

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

(7) FSC 9440, Mis cellaneous Crude Agricultural and Forestry Products; 
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(8) FSC 9610, Ores; 

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

(10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is 

assembled out of compone nts, or otherwise made or processed 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. 

(b) For statistical purpose s 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. 

(End of provision) 

 

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) FAR

As prescribed in 4.1804(b), use the following provision: 

(a) Definitions. As used in this provision - 

“Commercial and Government Entity (CAGE) code” means - 

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and 

Government Entity (CAGE) Branch to identify a commercial or government entity; or 

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency 

(NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch 

records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. 

“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. 

(b) 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 (c) and if applicable, paragraph (d) of this provision for each participant in the 

joint venture. 

(c) If the Offeror indicates “has” in paragraph (b) 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. 

(d) If the Offeror indicates “yes” in paragraph (c) 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: 
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(Do not use a “doing business as” name) 

(End of provision) 

 

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L-1 CLAUSES AND PROVISIONS 

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS 

(NOV 2011) DFARS 

52.211-02 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS 

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM 

(ASSIST) (APR 2014) FAR 

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: 

(1) ASSIST (http://assist.daps.dla.mil); 

(2) Quick Search (http://assist.daps.dla.mil/quicksearch); 

(3) ASSISTdocs.com (http://assistdocs.com). 

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point 

(DoDSSP) by -- 

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); 

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or 

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, 

Telephone (215) 697- 2667/2179, Facsimile (215) 697-1462. 

(End of provision) 

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. 

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN 

CERTIFIED COST AND PRICING DATA (OCT 2010) FAR 

(a) Exceptions from cost or pricing data. 

(1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by 

submitting the information described in the following paragraphs. The Contracting Officer may require 

additional supporting information, but only to the extent necessary to determine whether an exception should 

be granted, and whether the price is fair and reasonable. 

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under 

law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the 

controlling document, unless it was previously submitted to the contracting office. 

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a 

minimum, information on prices at which the same item or similar items have previously been sold in 
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the commercial market that is adequate for evaluating the reasonableness of the price for this 

acquisition. Such information may include -- 

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate 

pages for the offered items, or a statement that the catalog is on file in the buying office to 

which the proposal is being submitted. Provide a copy or describe current discount policies and 

price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or 

reseller. Also explain the basis of each offered price and its relationship to the established 

catalog price, including how the proposed price relates to the price of recent sales in quantities 

similar to the proposed quantities; 

(B) For market-priced items, the source and date or period of the market quotation or other 

basis for market price, the base amount, and applicable discounts. In addition, describe the 

nature of the market; 

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, 

proof that an exception has been granted for the schedule item. 

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time 

before award, books, records, documents, or other directly pertinent records to verify any request for an 

exception under this provision, and the reasonableness of price. For items priced using catalog or market 

prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to 

the offeror's determination of the prices to be offered in the catalog or marketplace. 

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit 

cost or pricing data, the following applies: 

 (1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 

15-2 of FAR 15.408. 

 (2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as 

letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2. 

(End of provision) 

52.216-01 TYPE OF CONTRACT (APR 1984) FAR 

The Government contemplates award of a fixed-price with economic price adjustment contract resulting from this 

solicitation. 

 (End of provision) 

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 

FAR 

L06 AGENCY PROTESTS (DEC 2016) 

52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) FAR 

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.hil.af.mil/ . 
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 (End of Provision) 

 

52.233-02 SERVICE OF PROTEST (SEP 2006) FAR 

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, 

and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the 

Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Tiendung 

Nguyen. 

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the 

GAO. 

 (End of Clause) 

 

L-2 SUBMISSION OF OFFERS 

DLA Troop Support will use Low-Price Technically Acceptable procedures for this acquisition. In the event that the 

contract is not awarded based on initial offers, the Contracting Officer may utilize online reverse auctioning where 

revised prices will be submitted during a competitive, anonymous, online reverse auction. Offerors are required to 

submit a separate technical proposal in accordance with paragraph L-3 below. A separate business (cost/price) 

proposal, in accordance with paragraph L-4 below, and the completed solicitation must also be submitted. Information 

and any product demonstrations (PDMs) must be received no later than the time set for the closing of offers. It is 

critical to successful source selection that you address each of the informational requirements listed in paragraph L-3 

and L-4 to facilitate the Government's review in conducting a proper, thorough, and timely review of your proposal. 

The complete proposals should be specific, stating clearly how you will meet all the requirements of the solicitation. 

Proposals will be evaluated to determine compliance with all characteristics listed for evaluation in Section M. Failure 

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

of the proposal. The proposal 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 proposal to set 

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

Your proposal must be prepared in separate parts as follows: 

Part Title # of copies 

1. Completed Solicitation 1 

2. Technical Proposal 5 

3. Business Proposal (Prices) 5 

It is the intention of the Government to make a single award. The award which will represent the greatest 

value to the Government in accordance with the evaluation criteria stated below. 

L-3 TECHNICAL PROPOSALS: 

(a) The Technical Proposal Factors are as follows: 

1.0 Product Demonstration Models (PDMs) 

The following information is required for technical proposals: 

Product Quality/Product Demonstration Models (PDMs) 
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1. Vendors must submit PDM's for the TOTM. Product Demonstration Models (PDMs) will 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. Analytical and microbiological test results, wherever required, must be submitted with PDMs. 

2. 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 match the product produced on a production 

line, which will result in rejection of the product. Also, major changes in production methodology or packaging, such 

as implementation of new technology, may result in product which does not meet the production standard, which 

would require the submission and evaluation of new PDM's. 

 

3. Offerors shall certify that the PDM(s) conforms to all specification/production description characteristics, or shall 

adequately describe any differences the PDM may have from the requirements of the product description or 

specification(s). Failure of models to conform to the specification may result in rejection of the offer. Offerors shall 

also warrant that product submitted under any resultant contract shall conform to all packaging, labeling and packing 

requirements as well as analytical requirements. Product from any resultant contract that does not conform to all 

requirements shall not be accepted by the Government. 

 

4. Characteristics for which the PDMs will be tested or evaluated are: Organoleptic qualities such as taste, odor, 

texture appearance and overall quality. Since this is a Low Price Technically Acceptable procedure the PDM rating 

will be Acceptable/unacceptable. Evaluation shall be conducted on the basis of acceptability, not comparative 

assessment. 

 

5. A PDM will be considered passing if, and only if, it conforms to all specification/production description 

characteristics. Failure of models to conform to the specification may result in rejection of offer. 

6. PDMs shall be evaluated for selected Contractor Furnished Material (CFM) component items. Offerors are required 

to submit CFM component items exactly as they would be produced if going into production. PDMs are required for 

all CFM component items. Continuous menu improvements in the Operational Rations may result in new and/or 

unique TOTM items which would require the submission and evaluation of new PDM's. However, if items in the 

TOTM are the same as with other ration components for which an offeror may have a current contract, the offeror 

may submit a listing of the items and provide lot numbers under these contracts in order for those PDMs to be waived. 

7. PDMs shall be submitted as follows: 

Submission Requirements 

 

Offerors are required to submit a compiled list of all twelve menu's contents for each TOTM Line Item/NSN offered 

on and must certify that each menu meets the minimum nutritional requirements listed in section C. Offerors must 

include a list of ingredients for each entree, complementary item, and accessory packet, additionally, the use of any 

shelf life extension materials (ex. Oxygen Scavengers) and their source should be listed. Offerors are also required to 

submit Product Demonstration Models (PDMs) to demonstrate technical capability. PDMs shall be submitted for all 

entrees, complementary items, and accessory packets. PDMs submitted should reflect the compiled list of items and 

menu contents submitted by the offeror; failure to submit a PDM noted on the list or submitting a PDM not listed will 

be considered a deficiency in the offer. Offerror shall state how the final assembly case will be packed in accordance 

to current packaging requirements. One finished case of meals shall include 12 different TOTM entrees for each 

offered Line Item/NSN and their complementary items and accessory packets. Offerors are required to submit six (6) 

PDMs for each offered item. 

 

Note: The end or side of the Case should have a label, or be printed on the Case, with the following information: 
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 Product Demonstration Model 

 Contract Number 

 Product Identity 

 Lot# 

 Company Name and Address 

 Point of Contact Name and Phone Number 

 

Six (6) PDMs must be sent to: 

 

DLA TROOP SUPPORT 

BUSINESS OPPORTUNITIES OFFICE 

BLDG. 36, SECOND FLOOR 

700 ROBBINS AVENUE 

PHILADELPHIA, PA 19111-5092 

Attention: Steve Hoenes/Building 6/Desk: 6B096/ Phone: 215-737-6014

 

The required PDM must be submitted no later than the closing date of the solicitation, late submittals 

will be disqualified and not considered for award. 

 

If the Government requests PDMs to be sent to Natick, the offeror will be informed the number of samples and these 

PDMs must be sent to: 

 

 DEPARTMENT OF THE ARMY 

RDNS-SEC-EMR (Jill Bates) 

NATICK SOLDIER SYSTEMS CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760 

 

 

NOTE: Offerors are required to retain eighteen (18) additional samples in the event that PDMs shall be sent to 

Natick or USDA for further evaluation. In the event PDMs are sent to the additional parties, the DLA Troop 

Support will be responsible for any lab and/or testing expenses for initial PDM submissions. Should a 

resubmission of any PDM to Natick and/or USDA be required, the offeror will be responsible for any lab and/

or testing expenses. 

 

** **NOTE: IF AN OFFEROR HAS A CURRENTLY ACCEPTABLE PRODUCT 

DEMONSTRATION MODEL FOR ANY OF THE COMPONENTS OFFERED WITH THEIR PROPOSED 

MENU'S, THE OFFEROR IS NOT REQUIRED TO SUBMIT A “PDM” FOR THAT COMPONENT. THE 

PRODUCT DEMONSTRATION MODEL MUST HAVE AN ACCEPTABLE STATUS BY THE 

SOLICITATION CLOSING DATE. 

 

*If an Offeror chooses to reference a currently acceptable PDM as part of their proposal, following information shall be 

included in their Technical Proposal: 

 

 NSN 

 Contract # 

 Vendor Name 
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 Lot # 

 Date Accepted 

 

 

NOTE: The offeror is encouraged to attach supporting documentation of acceptance to corresponding component 

items. 

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

 

L-4 BUSINESS PROPOSAL

a. The business proposal must include a cost/price proposal. The offerors proposal must include all data and 

information requested and must be submitted in accordance with these instructions. The proposal shall be clear, 

concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. 

Unrealistically low proposed prices may be grounds for eliminating a proposal from competition either on the basis 

that the offeror does not understand the requirement or the offeror has made an unrealistic proposal. 

b. The government reserves the right to require information other than cost or pricing data, as defined at FAR 15.403, 

or cost and pricing data, as applicable and if required to determine price reasonableness of any offer(s). 

c. Prices shall be submitted for all Tiers. Pricing should reflect the range between the minimum and maximum 

quantities. Offerors are requested to offer one price per tier representing this entire range. 

 

Tailored Operational Training Meal (TOTM) 

NSN: 8970-01-628-7262 

Tier One $ __________ 

Tier Two $ ___________ 

Tier Three $___________ 

Tier Four $___________ 

Tier Five $___________ 

 

 

NSN: 8970-01-628-7264 

Tier One $ __________ 

Tier Two $ ___________ 

Tier Three $___________ 

Tier Four $___________ 

Tier Five $___________ 

 
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NSN: 8970-01-628-7266 

Tier One $ __________ 

Tier Two $ ___________ 

Tier Three $___________ 

Tier Four $___________ 

Tier Five $___________ 

 

L-5 ADDITIONAL SUBMISSION REQUIREMENTS: 

1. Food Defense Plan: In accordance with Food Defense requirement identified in Section I-3, the offeror shall 

submit its Food Defense Plan to describe what procedures are, or will be, in place to prevent product tampering and 

contamination, and assure overall plant security and food safety. The Plan should be formatted in accordance with, 

and address the issues contained in, the DLA Food Security Checklist. An electronic copy of the DLA Food Security 

Checklist is available at https://www.troopsupport.dla.mil/subs/fs_check.pdf

 

2. Integrated Pest Program: Contractors and subcontractors of products with Higher Level Quality Requirements 

(documented Quality Systems Plan required) must submit the following to DLA Troop Support- FTS as part of their 

Quality System Plan (see section I-5 for further details): 

 a. A statement on whether service is in-house or provided by an external provider. If service is in-house, a copy of 

the employee's current pesticide applicator certificate/license shall also be submitted. If the service provider is 

external, submit the name of the company/provider. Additionally, a copy of the current pesticide applicator certificate/

license shall be submitted for either in-house or external service providers. 

 b. A map of the facility indicating the location of pest management devices (pheromone traps, rodent control devices, 

etc.). If more than one facility is used (i.e. storage of ingredients or finished goods), a map for each facility is 

required. 

 c. A statement identifying the normal frequency (weekly, bi-weekly, etc.) of inspecting pest management devices by 

company personnel and/or contracted service, as applicable. 

 d. If pesticides are stored on site, how are they controlled (who has access, is the inventory monitored, etc.) 

 

3. Quality Systems Plan: 

Refer to Section E for information on the Quality Systems Plan (QSP). 

 

4. Subcontracting Plan 

A subcontracting plan must be submitted if the offeror is a Large Business concern. Small Business concerns are 

exempt from submitting a subcontracting plan as part of their additional submission requirements. 

 

**NOTE: OFFERORS THAT HOLD ANY ACCEPTABLE PLAN(S) MAY NOT BE REQUIRED TO 
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SUBMIT DOCUMENTS FOR THAT PLAN. THE OFFEROR MUST PROVIDE REFERENCE TO THE 

CONTRACT THAT THE PLANS WERE FOUND ACCEPTABLE WITH ITS CORRESPONDING DATE. 

DLA TROOP SUPPORT WILL DECIDE WHETHER OR NOT THE REFERENCED PLANS CAN BE 

ACCEPTED FOR THIS CONTRACT. 

 

 

SECTION M - EVALUATION FACTORS FOR AWARD

M-1 OVERVIEW 

A. Overview: Subsequent to the date specified in the solicitation for receipt of proposals, all timely proposals will 

undergo a technical and a business evaluation as described below. If a decision is made to hold discussions, the 

contracting officer will make a competitive range determination (CRD) based on these evaluations and submit it to 

the Source Selection Authority (SSA) for approval. Unless award is made on the basis of initial proposals, written 

and/or oral discussions will be conducted with all offerors in the competitive range. The Contracting Officer may 

utilize on-line reverse auctioning as a means of conducting price discussions under this solicitation. When it is 

determined, after receipt of proposals and the competitive range has been established, that an auction will be 

conducted, the Contracting Officer will inform prospective offerors of the date and time of the auction. Proposals 

received must be evaluated for technical acceptability. Those considered technically acceptable will be eligible to 

participate in the auction. Revised and/or final proposal revisions resulting from discussions will undergo further 

similar evaluations. Finally, one proposal will be selected for award by the SSA, as described in paragraph (B), 

below. While the source selection authority's assessment will strive to determine the overall value of each offer, 

judgment on the part of the Government evaluators is implicit in the entire process. 

B. Evaluation Process: 

1. Technical Evaluation: Offerors are required to submit technical proposals, including a Product 

Demonstration Model(s) as prescribed in Section L of this solicitation. Each technical proposal will be 

evaluated against the technical factors specified in this section M. Proposals so technically deficient as to 

make them technically unacceptable will be rejected as unacceptable, and excluded from the competitive 

range regardless of the prices offered. No discussion will be held with rejected offerors, nor will any rejected 

offeror be given an opportunity to revise its offer to correct those deficiencies in order to become acceptable 

after date and time set for receipt of initial offers. 

2. Business Evaluation: Each proposal will be evaluated against the requirements of the solicitation. The 

Government will evaluate prices, and other information or data if requested, with initial proposals or during 

discussions, in accordance with FAR subpart 15.305. The Government will also evaluate the offeror's 

proposals to determine cost/price realism. Cost/price realism relates to an offeror's demonstrating that the 

proposed price provides an adequate reflection of its understanding of the requirements of this solicitation. 

3. Selection: The final technical and business evaluation reports will be furnished to the contracting officer. 

The contracting officer will prepare a written source evaluation report to the Source Selection Authority. The 

Source Selection Authority will make the source selection decision. The responsible offeror whose proposal is 

most advantageous to the Government, as determined by the evaluation of proposals according to the 

evaluation factors established in Section M-2, will be selected for award. When offers are determined to be 

technically acceptable for non-price factors the price evaluation will be conducted and award made based on 

the overall lowest price to the Government. 
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M-2 EVALUATION FACTORS FOR AWARD (EVALUATION CRITERIA): 

PDM Evaluation Procedures: 

 

As required by this solicitation/contract, for each component item requiring a PDM, each Contractor shall 

possess said Contractor's own set of approved PDMs and shall be responsible for the retention and distribution of said 

PDMs to Government entities. 

 

 DLA Troop Support will evaluate PDMs for compliance in accordance with Description/Specifications for the 

Tailored Operational Training Meal specification(s), detailed in the solicitation. The entrée and complementary items 

together shall be sufficient to provide the nutritional requirements. The complimentary items in each case shall 

constitute a sufficient variety, such that no individual item shall be used more than three times in an individual case. 

Any deviation of this requirement shall be submitted to the Contracting Officer with a detailed explanation for the 

requested exception. Each meal will be evaluated to determine if the minimum requirements for calories and 

nutrients have been met. Each component item will be evaluated using an Acceptable/Unacceptable rating to 

determine product quality against the salient characteristics as written in the specification, which includes, but is not 

limited to; Finished Product, Appearance, Odor and Flavor, and Texture. 

 

In the event that DLA Troop Support requires the evaluation of a certain PDM(s) by Natick, the following rating 

methodology will be used: 

 

Natick will evaluate for compliance with the sensory characteristics designated and defined in the product's 

technical documents. These sensory characteristics, namely appearance, odor, flavor, and texture (or combination 

thereof where dictated by the product's technical documents), shall represent distinct sensory characteristic categories 

and shall be evaluated by category by panelist. Each panelist shall assign to each sensory characteristic category a 

quality score by using a 9-point quality scale, where 9 is the highest score and 1 the lowest score. The mean value of 

the panelists' ratings for each sensory characteristic category shall be determined. 

 

Natick shall assign an overall quality scale score to each Initial PDM that it evaluates. The overall score shall be 

equal to the mean score of the lowest-rated sensory characteristic category. For each Initial PDM, an overall quality 

score of 6.00 through 9.00 shall indicate an acceptable rating and an overall quality score of 1.00 through 5.99 shall 

indicate an unacceptable rating. 

 

Offerors will have one opportunity to correct any deficiencies found during the evaluation of PDMs that are 

submitted as part of the initial proposal. Revised PDMs that are submitted for a second and final evaluation shall be 

evaluated using the same criteria as discussed above for both DLA and Natick evaluations. To be considered acceptable 

an offeror can have no more than four (4) individual PDMs receiving a unacceptable rating. Offerors are advised that if they 

have any unacceptable PDMs after the second evaluation, their proposal will be found technically unacceptable. If an 

offeror has more than four (4) unacceptable PDMs after the second evaluation, their proposal will be determined 

technically unacceptable. 

Note: After award has been made, any “unacceptable” PDMs must be resubmitted and determined as 

“Acceptable” before contract performance may begin.

 

Acceptable PDMs, also referred to as approved PDMs, will be used as production standards by both the 

Contractor and the Government. The production lots/product-codes used as the production standards by both the 
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Contractor and the Government shall be identical. The approval or acceptance of any PDM will not constitute a 

waiver of the requirement that all delivered product must meet all other contractual requirements such as but not 

limited to analytical requirements, physical requirements, microbiological requirements and/or performance 

requirements unless specifically stated by the Contracting Officer. The Contractor shall be responsible for the 

shipment of PDM samples to DLA Troop Support, and as required, to Natick and the Government Quality Assurance 

Representatives (GQAR). 

 

M-3 PRICE EVALUATION: 

Price evaluation is based on the unit of issue, case (CS). Award will be made to the offeror(s) whose proposal is the 

lowest price technically acceptable. The Government will evaluate offers for award purposes by multiplying the unit 

price per tier by the Estimated quantity (35,000 CS) listed in Section B of the solicitation to arrive at a tier estimated 

total price; each tier estimated total price will then be added together to create the offerors total estimated contract 

price to be used for evaluation. The offerors total estimated contract prices, for each NSN offered on, will be 

evaluated separately and not grouped together. The lowest overall total price, for each separate NSN, will then be 

awarded a contract that represents the lowest price for that NSN if the rest of the offer has been found to be 

technically acceptable. 

 

 

M-4 ADDITIONAL EVALUATIONS 

Required submissions will be reviewed for their acceptability. Issues found during evaluation and discussed during 

negotiations will be reflected in the award document. 

 1. The Foods Defense Plan shall be reviewed to determine acceptability. 

 2. The Integrated Pest Management Plan shall be reviewed to determine acceptability. 

3. The Quality Systems Plan (QSP) shall be reviewed to determine acceptability.

 4. The Subcontracting Plan (if applicable) shall be reviewed to determine acceptability.