SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000104989

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-20-R-0009

5. SOLICITATION NUMBER

2021 FEB 25

6. SOLICITATION ISSUE 

 DATE

Noreen Killian PSPTRA9

a. NAME

Phone: 215-737-7718

b. TELEPHONE NUMBER (No Collect

 calls)

2021 MAR 29

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

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

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311612

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

12. DISCOUNT TERMS 

 

13a. THIS CONTRACT IS A 

RATED ORDER UNDER 

DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 

BELOW IS CHECKED

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

See Schedule

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

 

DATED . YOUR OFFER ON SOLICITATION 

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION 

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

PAGE 1 OF 94
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

19. 

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR 

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)
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Form

 

 TABLE OF CONTENTS FOR SOLICITATION SPE3S1-20-R-0009 

 

 

CAUTION NOTICE Page 3 

CONTINUATION OF BLOCKS FROM SF 1449 Page 6 

PRICING SPREADSHEET Page 9 

EPA SPREADSHEET Page 11 

CONTRACT CLAUSES Page 11

● 52.212-4, Contract Terms and Conditions --Commercial Items Page 11 

● ADDENDUM TO FAR 52.212-4 -- CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS Page 11 

● 52.212-3, Offeror Representations and Certifications --Commercial Items Page 14 

● 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders 

 - Commercial Items Page 23 

● 52.203-3, Gratuities Page 31 

● 52.211-16, VARIATION in Quantity Page 31 

● 52.216-19, ORDER LIMITATIONS Page 31 

● 52.216-22, Indefinite Quantity Page 32 

● 252.216-7006, ORDERING Page 32 

● ECONOMIC PRICE ADJUSTMENT - POLYMERIC TRAYPACK RATION Page 33 

● 252.217-7001, SURGE OPTION Page 38 

● 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Page 39 

● 52.204-25, Prohibition on Contracting for Certain Telecommunications & Video Surveillance Services or Equipment Page 41 

● 52.246-15, CERTIFICATE OF CONFORMANCE Page 43 

● 52.252-2, CLAUSES INCORPORATED BY REFERENCE Page 47 

STATEMENT OF WORK Page 49 

TECHNICAL/QUALITY DATA Page 51 

SOLICITATION PROVISIONS Page 84 

● 52.212-1, Instructions to Offerors --Commercial Items, (by reference) Page 84 

● Addendum to 52.212-1 Page 84 

● 52.212-2, Evaluation --Commercial Items, (by reference) Page 90 

● Addendum to FAR 52.212-2 Page 90 

● 52.215-6, Place of Performance Page 91 

● 52.216-1, Type of Contract Page 93 

● 52.233-9001, DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) Page 93 

● 52.252-1, Solicitation Provisions Incorporated by Reference Page 94 

 

 

CAUTION NOTICE 

 

 

THE SUBJECT PROCUREMENT IS BEING SOLICITED UNDER THE FEDERAL ACQUISITION REGULATIONS (FAR) PARTS 12 AND 15 AS 

UNRESTRICTED WITH FULL AND OPEN COMPETITION WITH HUBZONE PRICE EVALUATION PREFERENCE. SEE FAR 52.219-4 AS LISTED BY 

REFERENCE FOR DEFINITION OF HUBZONE. THE SOLICITATION IS FOR 22 ENTREE TRAY PACK ITEMS USED AS COMPONENTS IN THE 

ASSEMBLY OF THE UNITIZED GROUP RATION HEAT & SERVE PROGRAM (UGR-H&S). SOLICITATION SPE3S1-20-R-0009 WILL RESULT IN A 

FIXED-PRICE WITH ECONOMIC PRICE ADJUSTMENT (EPA) CONTRACT(S)FOR A TOTAL TERM OF FIVE YEARS THAT WILL CONSIST OF FIVE 

12-MONTH TIER PERIODS. THIS PROCUREMENT WILL UTILIZE LOW PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCEDURES. 

OFFERORS ARE NOT REQUIRED TO SUBMIT PRICING FOR EVERY ITEM, HOWEVER, FOR EACH ITEM OFFERED UPON, PRICING MUST BE 

SUBMITTED ON ALL FIVE TIERS ON AN F.O.B. DESTINATION BASIS. FAILURE TO OFFER PRICING ON ALL FIVE TIERS MAY BE DEEMED AS 

NON-ACCEPTANCE OF THE ITEM(S) AND/OR TIER(S), WHICH COULD RESULT IN REJECTION OF THE ENTIRE PROPOSAL AS TECHNICALLY 
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UNACCEPTABLE. DIFFERENT PRICES MAY BE OFFERED PER TIER. 

 

 

Offerors are cautioned to include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial 

Items, with their offer. The Offeror shall complete only paragraph(b) of this provision if the Offeror has completed the annual 

representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.

acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete 

only paragraphs (c) through (p) of this provision. 

 

The Government may utilize a Reverse Auction as a pricing technique under this Solicitation. 

 

Proposals submitted are considered proprietary and/or competition sensitive in nature. Use of the information provided in the proposals 

is for evaluation purposes only and will be limited to duly accredited officials of the Department of Defense who are subject to penalties 

for unlawful disclosure. 

 

UNDER LOW PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCEDURES, AWARD(S) WILL BE MADE TO THE RESPONSIBLE OFFEROR

(S), WHOSE OFFER CONFORMING TO THE SOLICITATION WILL BE MOST ADVANTAGEOUS TO THE GOVERNMENT, PRICE AND 

OTHER FACTORS CONSIDERED. THE RATING METHODOLOGY FOR THE NON-PRICE FACTOR, PRODUCT DEMONSTRATION MODEL 

(PDM), WILL BE ACCEPTABLE OR UNACCEPTABLE. FAILURE TO PROVIDE ANY INFORMATION REQUESTED OR TAKING 

EXCEPTION TO ANY OF THE TERMS AND CONDITIONS OF THE SOLICITATION MAY CAUSE AN OFFEROR'S PROPOSAL TO BE 

DETERMINED TECHNICALLY UNNACCEPTABLE AND ELIMINATED FROM FURTHER CONSIDERATION FOR AWARD. 

 

 

 

 

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 $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but 

the cost of RapidGate or other security enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If 

more than one driver is required, RapidGate enrollment must be obtained for each driver. Note that enrollment can take several weeks, 

so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in 

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

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

able to deliver as required. For additional information regarding RapidGate, including enrollment instructions, please visit their website 

at www.rapidgate.com. 

 

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

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

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

 

NOTE: RapidGate is not currently required for Depot Deliveries. 

 

CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012) 

 

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

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

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

 

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

shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and 

detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely 

report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the 

United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, 

contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the 

contracting officer. 

 

WIDE AREA WORKFLOW 

ALL SUPPLIERS ARE REQUIRED TO PROCESS INVOICES ELECTRONICALLY THROUGH WIDE AREA WORKFLOW (WAWF). WAWF a secure 

web based system for electronic invoicing, receipt, acceptance, and property transfer. WAWF allows government vendors to submit and 

track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a realtime, paperless environment. It is also the only application that will be used to capture the Unique Identification (UID) of Tangible Items 

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

Submission of Payment Requests and Receiving Reports) which requires claims for payment under a Department of Defense Contract to 

be submitted in electronic form. As of March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation 

supplement (DFAR) to require use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for 

payment (invoices and receiving reports) under DOD contracts. For access to the WAWF system, please go to the following website: 

https://wawf.eb.mil/.  

 

 

 

THE FOLLOWING ATTACHED FORMS REQUIRE INFORMATION TO BE FURNISHED BY EACH OFFEROR. 

 

Any questions may be directed to the Contract Specialist, Debbie Goffman at debra.goffman@dla.mil or Contracting Officer, Noreen 

Killian at Noreen.killian@dla.mil. 

 

Complete Standard Form 1449, Blocks 17a, 17b, 30a, b and c. 

 

Complete all Supplies/Prices “Schedule” sheets (Offered Prices). 

 

Complete the CAGE Code and DUNS number spaces on this page. 

 

Complete all of the following and any additional Offeror Representations and Certifications: 

a. AUTHORIZED NEGOTIATORS 

b. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --COMMERCIAL ITEMS 

c. DFAR 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --COMMERCIAL ITEMS 
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d. PLACE OF PERFORMANCE 

 

Please submit the following identification numbers: 

 

 

CAGE CODE: __________________________ DUNS#:___________________________________ 

 

 

SYSTEM FOR AWARD MANAGEMENT (FORMERLY CENTRAL CONTRACTOR REGISTRATION) 

 

The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities 

in SAM/FedReg, ORCA, and EPLS. Future phases of SAM will add the capabilities of other systems used in Federal procurement and 

awards processes. ALL VENDORS MUST REGISTER OR UPDATE THEIR PROFILE IN THE “SYSTERM FOR AWARD 

MANAGEMENT” (SAM) DATABASE TO BE ELIGIBLE FOR AWARD (SEE FAR CLAUSE 52.212-4(t)). Your CAGE code must be active and 

there must be at least one individual listed as the Electronic Business Point of Contact (EB POC) in SAM. To register or update profile 

please go to the SAM website at: http://www.sam.gov.

 

 

CONTINUATION OF BLOCKS FROM SF 1449 

 

1. Block 8

 

OFFER DUE DATE/LOCAL TIME: MARCH 29TH, 2021 @ 3:00 PM (EST) PHILADELPHIA TIME 

 

NOTE: DUE TO COVID-19, THE BID ROOM WILL NOT ACCEPT ANY HARDCOPY AND IN-PERSON 

PROPOSAL SUBMISSIONS. E-MAIL (ELECTRONIC) OFFERS ARE THE ONLY ACCEPTABLE FORM OF 

TRANSMISSION OF PROPOSALS EXCEPT FOR THE PRODUCT DEMONSTRATION MODELS. 

FACSIMILIE OFFERS ARE NOT ACCEPTABLE FORMS OF TRANSMISSION OF PROPOSALS. E-MAIL 

OFFERS SHOULD BE SENT TO THE CONTRACT SPECIALIST, DEBRA GOFFMAN (DEBRA.

GOFFMAN@DLA.MIL) AND THE CONTRACTING OFFICER, NOREEN KILLIAN (NOREEN.

KILLIAN@DLA.MIL). 

 

ALL PRODUCT DEMONSTRATION MODELS MUST BE DELIVERED TO THE LOCATION IDENTIFIED IN 

52.212-1, INSTRUCTIONS TO OFFERORS BY THE DATE AND TIME SET FOR RECEIPT OF PROPOSALS. 

NOTE: OFFERORS ARE ADVISED THAT DLA TROOP SUPPORT SYSTEMS HAVE CERTAIN EMAIL SIZE 

AND TRANSMISSION LIMITATIONS. PROPOSAL SUBMISSIONS MUST BE PREPARED ACCORDINGLY. 

INDIVIDUAL EMAIL ATTACHMENTS SHOULD NOT EXCEED 5MB IN SIZE, AND NO INDIVIDUAL 

EMAIL SHOULD EXCEED MORE THAN 10 MB PER EMAIL (MULTIPLE EMAIL SUBMISSIONS MAY BE 

NECESSARY). WHEN SUBMITTING MULTIPLE EMAILS AS A SUBMISSION, LABEL EACH EMAIL WITH 

A NUMBER (E.G., 1 OF 8), ACCORDINGLY. AFTER TRANSMITTING AN EMAIL SUBMISSION, 

OFFERORS SHOULD CONFIRM RECEIPT OF ALL EMAILS WITH THE INTENDED RECIPIENTS. IT IS 

AN OFFEROR'S RESPONSIBILITY TO ENSURE ITS ENTIRE PROPOSAL IS RECEIVED BY THE DATE 

AND TIME SPECIFIED; EMAILS MUST BE TRANSMITTED IN SUFFICIENT TIME TO ENSURE AND 

CONFIRM RECEIPT BY THE GOVERNMENT. OFFERORS ARE ADVISED THAT DLA TROOP SUPPORT'S 

EMAIL SYSTEM MAY RELY ON SEVERAL DIFFERENT SERVERS AND/OR SECURITY FIREWALLS. AS 

A RESULT, THERE MAY BE A LAG TIME BETWEEN THE DATE/TIME STAMP THE OFFEROR SENDS 

AN OFFER VIA EMAIL AND THE DATE/TIME STAMP INDICATES THE OFFER IS RECEIVED BY THE 

AUTHORIZED EMAIL ADDRESS. FOR THE PURPOSES OF ESTABLISHING THE TIMELINESS OF A 

PROPOSAL, ONLY THE DATE/TIME INDICATED BY THE AUTHORIZED EMAIL ADDRESS AS HAVING 
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BEEN RECEIVED WILL BE USED. ANY OFFER THAT IS RECEIVED BY THE AUTHORIZED EMAIL 

ADDRESS WITH A DATE/TIME STAMP AFTER THE CLOSING DATE/TIME OF THE SUBJECT 

SOLICITATION WILL BE CONSIDERED LATE, REGARDLESS OF THE DATE/TIME WHEN THE EMAIL 

WAS SENT OR WHEN INITIALLY RECEIVED BY GOVERNMENT SERVERS. LATE PROPOSALS WILL 

NOT BE ACCEPTED OR CONSIDERED. AS DIRECTED BY THE CONTRACTING OFFICER, E-MAIL 

SHALL ALSO BE USED DURING DISCUSSIONS/NEGOTIATIONS, IF DISCUSSIONS/NEGOTIATIONS ARE 

HELD, AND FOR PROPOSAL REVISION(S), INCLUDING FINAL PROPOSAL REVISION(S). THE 

CONTRACT SPECIALIST, DEBBIE GOFFMAN (DEBRA.GOFFMAN@DLA.MIL) AND THE CONTRACTING 

OFFICER, NOREEN KILLIAN(NOREEN.KILLIAN@DLA.MIL) SHALL 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, WILL BE DESIGNATED IN THAT REQUEST. 

NOTE: SUBMISSION OF PROPOSALS THROUGH THE UPLOAD CAPABILITY IN DIBBS IS PROHIBITED. 

 

 

NOTES: 

 

A. The Government reserves the right 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. 

B. In accordance with L09 Reverse Auction (OCT 2016), the Government may utilize Reverse Auction as a 

pricing technique under this solicitation. 

 

 

4. Block 15

Delivery quantities shall be provided via delivery orders issued on an as needed basis. Delivery shall be FOB Destination to the 

following ship to address:

 

W62GT 

W1BG DLA Distribution 

25600 S Chrisman Road 

Rec Warehouse 30 

Tracy, CA 95304-5000 

United States 

 

Inspection is at the Contractor's Plant and Acceptance is at Destination. Required delivery dates shall not exceed 90 

days after issuance of each delivery order. 

 

 

5. Block 17a

 

Offeror's assigned Data Universal Numbering System (DUNS) Number:_______________________________ 

(If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to 

Offerors --Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.) 

 

 

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

 

Offeror's: Specify Fax Number(s):______________________________________________________ 

 
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Email Address(s): __________________________________________________________ 

 

6. Block 17b

 

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

 

 

AUTHORIZED NEGOTIATORS:

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this 

request for proposal. Please list names, titles, telephone numbers, facsimile (FAX) numbers, and emails for each authorized negotiator. 

 

 

___________________________________________________________________________________________ 

BLOCKS 19-24 (continued) 

NOTE: Offeror shall submit their price proposal by completing the below UGR H&S Entree Pricing Table and (Economic Price 

Adjustment) EPA Table. Unit prices shall be limited to a maximum of two decimal places. Offering on every item is not 

mandatory, however, offering on all five tiers is mandatory for any item offered upon. Failure to offer on five tiers may be 

deemed as non-acceptance of the tiers and could result in rejection of the offerors' entire proposal. Tier 2 will follow Tier 1 upon 

expiration of that period, Tier 3 will follow Tier 2 upon expiration of that period, Tier 4 will follow Tier 3 upon expiration of that 

period, and Tier 5 will follow Tier 4 upon expiration of that period. Deliveries may fall outside of tier effective periods. However, 

prices will be based on the time an order is placed, not when an order is delivered. For example, if an order is placed during tier 

2, but delivery is made during tier 3, then the prices in effect for that order will be the tier 2 prices. Offeror must also complete 

the EPA Spreadsheet below. See text titled, ECONOMIC PRICE ADJUSTMENT, in this solicitation for more instructions. 

 

*ONLY ONE PRICE PER LINE ITEM PER TIER WILL BE ACCEPTED.

 “A Qualification stating an offeror will only accept an award for all items offered upon will not be accepted. 

 

NOTE: There is no electronic pricing spreadsheet. All pricing MUST be submitted with the offer by completing the below pricing 

and EPA spreadsheets contained in the Solicitation. 

The below spreadsheet must be populated for each of the 5 tiers with the TOTAL OFFERED PRICE. THE DOLLAR PORTION 

SUBJECT TO EPA PLUS FIXED PRICE PORTION MUST EQUAL TOTAL OFFERED PRICE FOR EACH TIER. 

FOR EXAMPLE: If the Dollar Portion Subject to EPA For Turkey Cutlets is $2.00 and the Fixed Price Portion for Tier 1 is 

$18.00, Tier 2 is $19.00, Tier 3 is $20.00, Tier 4 is $21.00, and Tier 5 is $22.00, the spreadsheet would be populated as follows: 
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NOTE: MAXIMUM QUANTITIES INCLUDE SURGE REQUIREMENTS 

 

EPA SPREADSHEET 

See text titled, ECONOMIC PRICE ADJUSTMENT, in this Solicitation for Economic Indicators. 

“Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to 

the element of cost for each item that is outside the control of the vendor; specifically, the product material costs of beef, 

turkey, ham, pork, and chicken. However, the portion subject to EPA does NOT include any costs that are within the control 

of the vendor, including, but not limited to, the vendor's labor, overhead, general and administrative expenses, 

transportation, and profit. 

 

OFFERORS ARE REQUIRED TO COMPLETE THE BELOW EPA SPREADSHEET WITH ITS OFFER FOR THE ITEMS SUBJECT TO EPA. 
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FOR EXAMPLE: If the Dollar Portion Subject to EPA For Turkey Cutlets is $2.00 and the Fixed Price Portion for Tier 1 is 

$18.00, Tier 2 is $19.00, Tier 3 is $20.00, Tier 4 is $21.00, and Tier 5 is $22.00, the spreadsheet would be populated as follows: 

Contract Clauses 

 

Note: 52.212-4, Contract Terms and Conditions --Commercial Items (OCT 2018) - FAR is incorporated in this solicitation by 

reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in 

Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

 

Part 12 Clauses

CLAUSES ADDED TO PART 12 BY ADDENDUM

 

ADDENDUM TO 52.212-4 

 

The following paragraph(s) of 52.212-4 are amended as indicated below: 

 

1. Paragraph (a), Inspection/Acceptance, is revised to add FAR clause 52.246-2, Inspection of

Supplies - Fixed Price. FAR 52.246-2 expands the definition of “Supplies,” to include, but not limit to, raw materials, components, 

intermediate assemblies, end products, and supply lots. FAR 52.246-2 is required for Product Verification Testing (PVT), which is a 

requirement on any resulting contract(s). PVT is addressed in full text elsewhere in the solicitation. 

 

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

 
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Part 12 Clauses (CONTINUED)

Inspection at Contractor's Plant, and Acceptance at Destination. 

 

(b) Resultant award(s) or contract(s) 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: ______________________________________________ 

Street: _____________________________________________ 

City/State/Zip: _______________________________________ 

 

3. Paragraph (c), Changes, is deleted in its entirety and replaced with the following: 

 

 (c) Changes. 

 

(1) The Contracting Officer, at his/her discretion, may unilaterally invoke any of the contingency 

options set forth in this contract. 

 

(2) The Contracting Officer may at anytime, by unilateral written order, make changes within 

the general scope of this contract in any one or more of the following: 

 

(i) Method of shipment or packing; 

(ii) Place, manner, or time of delivery. 

 

(3) If such change causes an increase or decrease in the cost of, or time required for, 

performance for any part of the work under this contract, the Contracting Officer shall make an 

equitable adjustment in the contract price, the delivery schedule, or both, and shall modify 

the contract. 

 

(4) The Contractor must assert its right to an adjustment under this clause within thirty (30) days 

 from the date of receipt of the written order. However, if the Contracting Officer decides that 

 the facts justify it, the Contracting Officer may receive and act upon a proposal submitted 

 before final payment of the contract. 

 

(5) Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, 

 nothing in this clause shall excuse the Contractor from proceeding with the contract. 

 

 

 

4. Paragraph (d), Disputes, is revised to add the following: 

DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) 

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

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

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

resolving the dispute. 

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

rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting 

officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor 

personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to 

be inappropriate. 

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer. 
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(End of Provision) 

 

5. Paragraph (m), Termination for Cause is deleted and replaced with the following: 

 

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

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

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

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

rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by 

the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The 

Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from 

such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative 

costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which 

the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred 

because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination 

shall be deemed a termination for convenience. 

 

6. Paragraph (o) Warranty: The following clause will supersede FAR 52.212-4(o) referenced in this solicitation.

 

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

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

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

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

American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 

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

 

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

 Add the following paragraph: 

 (a) Definitions. 

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

required for the conduct of business with the Government. 

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

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

 (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE 

master file. This type of code is known as an “NCAGE code”. 

 “Data Universal Number System (DUNS) Number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to 

identify unique business entities. 

 “Data Universal Numbering System +4 (DUNS+4) Number” means the DUNS number assigned by D&B plus a 4-character suffix 

that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned 

at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) 

accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern. 

 “Registered in the System for Award Management database” means that -- 

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

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

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

sections of the registration in the SAM database; 

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

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

of the SAM registration process; and 

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

 

 
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52.212-3 Offeror Representations and Certifications -- Commercial Items (JAN 2021) 

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

electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the 

annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. 

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

 “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting 

for Certain Telecommunications and Video Surveillance Services or Equipment. 

 Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 

percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or 

more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It 

automatically qualifies as a women-owned small business eligible under the WOSB Program. 

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

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

does not offer himself voluntarily; or 

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

or penalties. 

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

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

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

not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared 

facilities and equipment, and the common use of employees. 

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

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

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

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

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

 (3) PSG 88, Live Animals; 

 (4) PSG 89, Subsistence; 

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

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

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

 (8) PSC 9610, Ores; 

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

 (10) PSC 9630, Additive Metal Materials. 

 Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from 

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

place of reassembly is not the place of manufacture. 

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

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

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

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

is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -- 

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

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

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

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

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

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

 (6) Have been voluntarily suspended.“Sensitive technology” -- 

 Sensitive technology -- 

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

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

 (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and 
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 (2) Does not include information or informational materials the export of which the President does not have the authority to 

regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). 

 Service-disabled veteran-owned small business concern -- 

 (1) Means a small business concern -- 

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

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

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

case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. 

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

38 U.S.C. 101(16). 

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

of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and 

size standards in this solicitation. 

 Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard 

applicable to the acquisition, that -- 

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

 (i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 

124.104) individuals who are citizens of the United States; and 

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

applicable exclusions set forth at 13 CFR124.104(c)(2); and 

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

the criteria in paragraphs (1)(i) and (ii) of this definition. 

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

 (1) Directly by a parent corporation; or 

 (2) Through another subsidiary of a parent corporation 

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

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

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

may vary, depending on State law and specific circumstances. 

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

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

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

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

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

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

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

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

 (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of 

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

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

 (b) 

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not 

automatically change the representations and certifications in SAM 

 (2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.

sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications 

currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or 

updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) 

applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by 

reference (see FAR 4.1201), except for paragraphs ______________. 

 [Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of 

this solicitation only, if any. 

 These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete 

as of the date of this offer. 

 Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations 
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and certifications posted electronically on SAM.] 

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

outlying areas. Check all that apply. 

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

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

(c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □? is not a veteran-owned small business concern. 

           (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned 

small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a servicedisabled veteran-owned small business concern. 

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

(c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002. 

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

(c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. 

 (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small 

business concern in paragraph (c)(5) of this provision.] The offeror represents that- 

                (i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB 

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

                (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph 

(c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The 

offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are 

participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture 

shall submit a separate signed copy of the WOSB representation. 

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

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

                (i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in 

circumstances or adverse decisions have been issued that affects its eligibility; and 

                (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph 

(c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or 

names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB 

concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. 

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

           (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business 

concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a 

women-owned business concern. 

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

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

more than 50 percent of the contract price:____________________________________ 

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

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

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

Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal 

office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and 

                (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in 

paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. 

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: 

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of 

the HUBZone representation. 

 (d) Representations required to implement provisions of Executive Order11246- 

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

                (i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this 

solicitation; and 

                (ii) It □ has, □ has not filed all required compliance reports. 

 (2) Affirmative Action Compliance. The offeror represents that- 
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                (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action 

programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or 

                (ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and 

regulations of the Secretary of Labor. 

 (e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the 

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

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

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

her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have 

made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB 

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly 

employed officers or employees of the offeror to whom payments of reasonable compensation were made. 

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

included in this solicitation.) 

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

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

manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United 

States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in 

paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” 

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

“Buy American-Supplies.” 

 (2) Foreign End Products: 

Line Item No. Country of Origin 

______________ _________________ 

______________ _________________ 

______________ _________________ 

 [List as necessary] 

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

 (g) 

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free 

Trade Agreements-Israeli Trade Act, is included in this solicitation.) 

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

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

produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” 

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

Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the 

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

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

Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy 

American-Free Trade Agreements-Israeli Trade Act”: 

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

or Israeli End Products: 

Line Item No. Country of Origin 

______________ _________________ 

______________ _________________ 

______________ _________________ 

 [List as necessary] 

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

provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall 

list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.

e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end 

product.” 

 Other Foreign End Products: 
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Line Item No. Country of Origin 

______________ _________________ 

______________ _________________ 

______________ _________________ 

 [List as necessary] 

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

 (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is 

included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: 

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

entitled “Buy American-Free Trade Agreements-Israeli Trade Act”: 

 Canadian End Products: 

Line Item No. 

_______________________________________ 

_______________________________________ 

_______________________________________ 

 [List as necessary] 

 (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is 

included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: 

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

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

 Canadian or Israeli End Products: 

Line Item No. Country of Origin 

______________ _________________ 

______________ _________________ 

______________ _________________ 

 [List as necessary] 

 (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is 

included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: 

 (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, 

Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation 

entitled “Buy American-Free Trade Agreements-Israeli Trade Act”: 

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

Products) or Israeli End Products: 

Line Item No. Country of Origin 

______________ _________________ 

______________ _________________ 

______________ _________________ 

 [List as necessary] 

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

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

designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.” 

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

 Other End Products: 

Line Item No. Country of Origin 

_______________ __________________ 

_______________ __________________ 

_______________ __________________ 

 [List as necessary] 

 (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by 

the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of 

the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless 

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

the requirements of the solicitation. 

 (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed 
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the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its 

principals - 

           (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by 

any Federal agency; 

           (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against 

them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or 

local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or 

commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, 

violating Federal criminal tax laws, or receiving stolen property; 

           (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of 

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

           (4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount 

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

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

 (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally 

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

finally determined until all judicial appeal rights have been exhausted. 

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

when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. 

 (ii) Examples. 

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

a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this 

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

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

notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to 

further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to 

contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax 

because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has 

exercised all judicial appeal rights. 

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

and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to 

make full payment. 

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

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

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

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

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

 (1) Listed end products. 

Listed End Product Listed Countries of Origin 

___________________ ___________________ 

___________________ ___________________ 

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

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

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

manufactured in the corresponding country as listed for that product. 

 (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured 

in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether 

forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the 

basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. 

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

For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in 

response to this solicitation is predominantly- 

           (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States 
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exceeds the total anticipated price of offered end products manufactured outside the United States); or 

           (2) □ Outside the United States. 

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

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

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

           (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not 

certify that - 

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

sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the 

course of normal business operations; 

 (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)

(2)(ii)) for the maintenance, calibration, or repair of such equipment; and 

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

same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. 

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

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

offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal 

business operations; 

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

22.1003-4(d)(2)(iii)); 

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

monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during 

the contract period if the contract period is less than a month) servicing the Government contract; and 

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

as that used for these employees and equivalent employees servicing commercial customers. 

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

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

Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and 

 (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) 

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

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

information to the SAM to be eligible for award.) 

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

collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and 

implementing regulations issued by the Internal Revenue Service (IRS). 

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

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

described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. 

 (3) Taxpayer Identification Number (TIN). 

 TIN: ________________________________. 

 TIN has been applied for. 

 TIN is not required because: 

 Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with 

the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the 

United States; 

 Offeror is an agency or instrumentality of a foreign government; 

 Offeror is an agency or instrumentality of the Federal Government. 

 (4) Type of organization. 

 Sole proprietorship; 

 Partnership; 

 Corporate entity (not tax-exempt); 

 Corporate entity (tax-exempt); 

 Government entity (Federal, State, or local); 
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 Foreign government; 

 International organization per 26 CFR1.6049-4; 

 Other ________________________________. 

 (5) Common parent. 

 Offeror is not owned or controlled by a common parent; 

 Name and TIN of common parent: 

 Name ________________________________. 

 TIN __________________________________. 

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

restricted business operations in Sudan. 

 (n) Prohibition on Contracting with Inverted Domestic Corporations. 

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

domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement 

is waived in accordance with the procedures at 9.108-4. 

 (2) Representation. The Offeror represents that - 

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

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

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

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. 

 (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this 

provision, by submission of its offer, the offeror- 

 (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the 

government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of 

Iran; 

 (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which 

sanctions may be imposed under section 5 of the Iran Sanctions Act; and 

 (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction 

that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the 

property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (et seq.) (see 

OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/

default.aspx). 

 (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- 

 (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and 

 (ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

 (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement 

to have a unique entity identifier in the solicitation). 

           (1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner 

(such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each 

participant in the joint venture. 

 (2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information: 

 Immediate owner CAGE code: _____________________. 

 Immediate owner legal name: _____________________. 

 (Do not use a “doing business as” name) 

          Is the immediate owner owned or controlled by another entity: □ Yes or □ No. 

 (3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by 

another entity, then enter the following information: 

 Highest-level owner CAGE code: ___________________. 

 Highest-level owner legal name: ___________________. 

 (Do not use a “doing business as” name) 

 (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 

 (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 

113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any 

corporation that - 
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 (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been 

exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for 

collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or 

debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the 

Government; or 

 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding 

agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a 

determination that this action is not necessary to protect the interests of the Government. 

 (2) The Offeror represents that - 

                (i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and 

administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement 

with the authority responsible for collecting the tax liability; and 

                (ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 

months. 

 (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code 

Reporting.) 

           (1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last 

three years. 

 (2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held 

a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): 

 Predecessor CAGE code: (or mark “Unknown”). 

 Predecessor legal name: ______________. 

 (Do not use a “doing business as” name). 

 (s) [Reserved]. 

 (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in 

SAM (12.301(d)(1)). 

 (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal 

year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. 

 (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. 

(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas 

emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with 

an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate 

Standard. 

                (ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative 

greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or 

emissions intensity by a specific quantity or percentage. 

 (iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions 

reporting program. 

 (3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly 

accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:_________________. 

 (u) 

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government 

agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees 

or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements 

prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a 

designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 

 (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 

(Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any 

other form issued by a Federal department or agency governing the nondisclosure of classified information. 

 (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign 

or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors 

from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law 
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enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the 

Inspector General). 

 (v) Covered Telecommunications Equipment or Services-Representation. Section 889(a)(1)(A) of Public Law 115-232. 

 (1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services”. 

           (2) The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its 

offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of Provision) 

 

Alternate I (Oct2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: 

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) 

____ Black American. 

____ Hispanic American. 

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). 

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, 

Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of 

Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or 

Nauru). 

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives 

Islands, or Nepal). 

____ Individual/concern, other than one of the preceding. 

 

 

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021) 

 

 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this 

contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 

 (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of 

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in 

subsequent appropriations acts (and as extended in continuing resolutions)). 

 (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other 

Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). 

 (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 

2020) (Section 889(a)(1)(A) of Pub. L. 115-232). 

 (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). 

 (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). 

 (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). 

 (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being 

incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial 

items: 

 [Contracting Officer check as appropriate.] 

 _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704

and 10 U.S.C. 2402). 

 _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)). 

 __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 

of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) 

 _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.

C. 6101 note). 

 __ (5) [Reserved]. 

 __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). 

 __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 

of Div. C). 

 _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed 
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for Debarment. (Jun 2020) (31 U.S.C. 6101 note). 

 _X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). 

 __ (10) [Reserved]. 

 __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a). 

 __ (ii) Alternate I (Mar 2020) of 52.219-3. 

 __X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to 

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

 __ (ii) Alternate I (Mar 2020) of 52.219-4. 

 __ (13) [Reserved] 

 __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644). 

 __ (ii) Alternate I (Mar 2020) of 52.219-6. 

 __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644). 

 __ (ii) Alternate I (Mar 2020) of 52.219-7. 

 _X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). 

 _X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)). 

 __ (ii) Alternate I (Nov 2016) of 52.219-9. 

 _X_ (iii) Alternate II (Nov 2016) of 52.219-9. 

 __ (iv)Alternate III (Jun 2020) of 52.219-9. 

 __ (v)Alternate IV (Jun 2020) of 52.219-9 

 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). 

 (ii) Alternate I (Mar 2020) of 52.219-13. 

 __ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)). 

 _X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 

 __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f). 

 _X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (May 2020) (15 U.S.C. 632(a)(2)). 

 (ii) Alternate I (MAR 2020) of 52.219-28. 

 __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business 

Concerns (Mar 2020) (15 U.S.C. 637(m)). 

 __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the 

Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)). 

 __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). 

 __ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)). 

 _X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). 

 _X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126). 

 _X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

 _X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). 

 __ (ii) Alternate I (Feb 1999) of 52.222-26. 

 _X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). 

 __ (ii) Alternate I (Jul 2014) of 52.222-35. 

 _X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). 

 __ (ii) Alternate I (Jul 2014) of 52.222-36. 

 _X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). 

 _X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 

 __ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). 

 __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 

 __ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of 

commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 

 __ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA -Designated Items (May 2008) ( 42 U.S.C. 6962(c)

(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 

 __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available offthe-shelf items.) 

 __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). 

 __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 

13693). 
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 __ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). 

 __ (ii) Alternate I (Oct 2015) of 52.223-13. 

 __ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). 

 __ (ii) Alternate I (Jun2014) of 52.223-14. 

 __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b). 

 _X_ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). 

 __ (ii) Alternate I (Jun 2014) of 52.223-16. 

 __ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). 

 __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 

 __ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). 

 __ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). 

 __ (ii) Alternate I (Jan 2017) of 52.224-3. 

 __ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). 

 __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 

19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 

110-138, 112-41, 112-42, and 112-43. 

 __ (ii) Alternate I (May 2014) of 52.225-3. 

 __ (iii) Alternate II (May 2014) of 52.225-3. 

 __ (iv) Alternate III (May 2014) of 52.225-3. 

 _X_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

 __ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the 

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

 __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as 

amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note). 

 __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). 

 __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). 

 __ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). 

 __ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 

 _X_ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 

 __ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332). 

 __ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). 

 __ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 

 __ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

 __ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). 

 __ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.

C. 2631). 

 __ (ii) Alternate I (Apr 2003) of 52.247-64. 

 __ (iii) Alternate II (Feb 2006) of 52.247-64. 

 (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting 

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to 

acquisitions of commercial items: 

 [Contracting Officer check as appropriate.] 

 __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67). 

 __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

 __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option 

Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

 __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 

41 U.S.C. chapter 67). 

 __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or 

Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). 

 __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain ServicesRequirements (May 2014) (41 U.S.C. chapter 67). 

 __ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 

 __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). 
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 __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). 

 (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract 

was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of 

award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. 

 (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to 

and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. 

 (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for 

examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR 

subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the 

records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records 

relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be 

made available until such appeals, litigation, or claims are finally resolved. 

 (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of 

type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain 

in the ordinary course of business or pursuant to a provision of law. 

 (e) 

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not 

required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise 

indicated below, the extent of the flow down shall be as required by the clause- 

 (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509). 

 (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of 

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in 

subsequent appropriations acts (and as extended in continuing resolutions)). 

 (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and 

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). 

 (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 

2020) (Section 889(a)(1)(A) of Pub. L. 115-232). 

 (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 

subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold 

specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer 

subcontracting opportunities. 

 (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

 (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). 

 (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). 

 (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). 

 (x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). 

 (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down 

required in accordance with paragraph (f) of FAR clause 52.222-40. 

 (xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67). 

 (xiii) 

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). 

 (B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 

 (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, 

or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67). 

 (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain ServicesRequirements (May2014) (41 U.S.C. chapter 67). 

 (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). 

 (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 

 (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). 

 (xix) 

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 

 (B) Alternate I (Jan 2017) of 52.224-3. 

 (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, 

of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). 
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 (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in 

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

 (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.

C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. 

 (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses 

necessary to satisfy its contractual obligations. 

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector 

General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to -- 

(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and 

(ii) Interview any officer or employee regarding such transactions. 

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow 

down any FAR clause in a subcontract for commercial items, other than -- 

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under 

paragraph (d)(1)(ii) does not flow down; and 

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the 

clause- 

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509). 

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 

111-5). 

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other 

Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). 

(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) 

(Section 889(a)(1)(A) of Pub. L. 115-232). 

(E) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 

subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold 

specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer 

subcontracting opportunities. 

(F) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

(G) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 

(H) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). 

(I) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). 

(J) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in 

accordance with paragraph (f) of FAR clause 52.222-40. 

(K) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). 

(L) ___ (1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). 

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 

(M) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair 
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of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). 

(N) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 

2014) (41 U.S.C. chapter 67). 

(O) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). 

(P) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 

(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). 

(R) (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 

(2) Alternate I (Jan 2017) of 52.224-3.

(S) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the 

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). 

(T) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance 

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

(U) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow 

down required in accordance with paragraph (d) of FAR clause 52.247-64

 

 

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

SMALL BUSINESS CONCERNS (Apr 2019) 

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

“Indian” means -- 

 (1) Any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal Government 

as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c); and 

(2)Any “Native” as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). 

“Indian organization” means the governing body of any Indian tribe or entity established or recognized by the governing body of an 

Indian tribe for the purposes of 25 U.S.C. Chapter 17. 

“Indian-owned economic enterprise” means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or 

business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51 percent 

of the enterprise. 

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including 

corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, that is recognized by 

the Federal Government as eligible for services from BIA in accordance with 25 U.S.C. 1452(c). 

“Interested party” means a contractor or an actual or prospective offeror whose direct economic interest would be affected by the award 

of a subcontract or by the failure to award a subcontract. 

“Native Hawaiian small business concern” means an entity that is -- 

(1) A small business concern as defined in Section 3 of the Small Business Act (15 U.S.C. 632) and relevant implementing 

regulations; and 

(2)Owned and controlled by a Native Hawaiian as defined in 25 U.S.C. 4221(9). 

(b) The Contractor shall use its best efforts to give Indian organizations, Indian-owned economic enterprises, and Native Hawaiian small 

business concerns the maximum practicable opportunity to participate in the subcontracts it awards, to the fullest extent consistent with 

efficient performance of the contract. 

(c) The Contracting Officer and the Contractor, acting in good faith, may rely on the representation of an Indian organization, Indianowned economic enterprise, or Native Hawaiian small business concern as to its eligibility, unless an interested party challenges its status 

or the Contracting Officer has independent reason to question that status. 

(d) In the event of a challenge to the representation of a subcontractor, the Contracting Officer will refer the matter to -- 

(1) For matters relating to Indian organizations or Indian-owned economic enterprises: 
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U.S. Department of the Interior Bureau of Indian Affairs 

Attn: Chief, Division of Contracting and Grants Administration 

1849 C Street NW, MS-2626-MIB 

Washington, DC 20240-4000. 

The BIA will determine the eligibility and will notify the Contracting Officer. 

(2) For matters relating to Native Hawaiian small business concerns: 

Department of Hawaiian Home Lands PO Box 1879 

Honolulu, HI 96805. 

The Department of Hawaiian Home Lands will determine the eligibility and will notify the Contracting Officer. 

(e) No incentive payment will be made -- 

(1) While a challenge is pending; or 

(2) If a subcontractor is determined to be an ineligible participant. 

(f)(1) The Contractor, on its own behalf or on behalf of a subcontractor at any tier, may request an incentive payment in accordance with 

this clause. 

(2) The incentive amount that may be requested is 5 percent of the estimated cost, target cost, or fixed price included in the 

subcontract at the time of award to the Indian organization, Indian-owned economic enterprise, or Native Hawaiian small 

business concern. 

(3) In the case of a subcontract for commercial items, the Contractor may receive an incentive payment only if the subcontracted 

items are produced or manufactured in whole or in part by an Indian organization, Indian-owned economic enterprise, or Native 

Hawaiian small business concern. 

(4) The Contractor has the burden of proving the amount claimed and shall assert its request for an incentive payment prior to 

completion of contract performance. 

(5) The Contracting Officer, subject to the terms and conditions of the contract and the availability of funds, will authorize an 

incentive payment of 5 percent of the estimated cost, target cost, or fixed price included in the subcontract awarded to the 

Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern. 

(6) If the Contractor requests and receives an incentive payment on behalf of a subcontractor, the Contractor is obligated to pay 

the subcontractor the incentive amount. 

(g) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts exceeding $500,000. 

 

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) 

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

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or 

as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the 

contract. 

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does 

not include “data.” 

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition 

of this contract concerning the conclusiveness thereof, the Contractor warrants that for 6 months 

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with 

all requirements of this contract; and 

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such 

supplies will conform with the requirements of this contract. 

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit 

shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount 

equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this 

contract and the Contractor's plant, and return. 
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(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of 

this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be 

equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced 

supplies. 

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

this contract. 

(c) Remedies available to the Government. 

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this 

clause within 7 days. 

(2) Within a reasonable time after the notice, the Contracting Officer may either -- 

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including 

preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the 

meaning of paragraph (b)(1) of this clause; or 

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. 

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components 

subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer -- 

(A) May, for sampling purposes, group any supplies delivered under this contract; 

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for 

the quantity of supplies on which warranty action is proposed; 

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in 

other shipments even though all of such supplies are not present at the point of reinspection; provided, that 

the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; 

and 

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. 

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the 

Contracting Officer may exercise one or more of the following options: 

(A) Require an equitable adjustment in the contract price for any group of supplies. 

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all 

nonconforming supplies to the Contractor for correction or replacement. 

(C) Require the Contractor to screen the supplies at locations designated by the Government within the 

contiguous United States and to correct or replace all nonconforming supplies. 

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.

b. point or the point of acceptance) for screening and correction or replacement. 

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies 

from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor -- 

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or 

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to 
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correct or replace them so as to endanger performance of the delivery schedule, and in either of these 

circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting 

Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. 

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable 

adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the 

Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. 

The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the 

reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or 

to be incurred. 

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to 

the Government by any other clause of this contract. 

52.203-3 Gratuities (Apr 1984) -FAR 

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a 

designee determines that the Contractor, its agent, or another representative -- 

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) 

Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. 

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. 

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled -- 

(1) To pursue the same remedies as in a breach of the contract; and 

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost 

incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This 

subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) 

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights 

and remedies provided by law or under this contract. 

 

52.211-16 VARIATION in Quantity (Apr 1984) - FAR 

 

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by 

conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, 

specified in paragraph (b) of this clause. 

(b) The permissible variation shall be limited to: 

 

_2_ Percent increase 

_2_ Percent decrease 

This increase or decrease shall apply to each line item 

 

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 less than 10 Pallets, 

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

contract. 

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

(1) Any order for single line item in excess of 200% of the estimated 

quantity of that single line item. 

(2) Any order for a combination of line items in excess of 200% of the 

estimated quantity of the combination of those line items. 

(3) A series of orders from the same ordering office within 60 calendar days that together call for quantities exceeding the 

limitation in subparagraph (1) or (2) above. 

 

(c) If this is a requirement 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) above. 

 

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

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

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

notice, the Government may acquire the supplies or services from another source. 

 

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 90 days after the effective period expires. 

(End of Clause) 

 

NOTE: Delivery orders will specify delivery not to exceed 90 days after issuance of each delivery order. Changes or 

cancellations to delivery orders may be made by giving the Contractor notice no less than 7 days [remembering that days are always 

calendar days unless otherwise defined] before the required delivery date. The maximum quantity that may be ordered against this 

contract is 15,763,200 Trays and the minimum quantity that the Government guarantees is 3,152,640 trays (this assumes award of one 

contract). If multiple awards are made from this solicitation, then the maximum and guaranteed minimum quantities for the resulting 

contracts will vary depending on the estimated maximum and minimum quantities of the line items under each respective contract. See 

the Statement of Work for more information. 

 

The Contractor will not be obligated to honor any order with F.O.B. Destination terms that requires delivery to a single destination of a 

quantity less than 10 Pallets. The Government may fulfill the guaranteed minimum by a single delivery order or by any number of 

delivery orders. 

 

252.216-7006 ORDERING (SEP 2019) - DFAR 

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the 
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individuals or activities designated in the contract schedule. Such orders may be issued from Date of Contract Award through Contract 

Expiration Date. 

 

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

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

 

 (c) (1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Data Access system, and 

notice has been sent to the Contractor. 

 

 (2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the 

order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. 

 

 (3) Orders may be issued orally only if authorized in the schedule. 

 

 

ECONOMIC PRICE ADJUSTMENT - POLYMERIC TRAYPACK RATION 

 

(a) WARRANTIES. For the portion of the schedule that is covered by this EPA, the Contractor warrants that the unit prices included 

in the Schedule do not include allowances for any portion of the contingency covered by this clause. 

 

(b) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the 

weekly or monthly prices of each applicable economic indicator only (e.g. an average of beef indices for beef products, an 

average of poultry indices for poultry products, etc.) for the period specified under the “Adjusted (ADJ.) Unit Price” below 

immediately preceding either the solicitation closing date for proposals (if no discussions are held), the due date for final 

proposal revisions (if discussions are held) or the solicitation opening date (if sealed bidding is used).
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 (c) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only 

for the period specified under the Adjusting Unit Price column shown in paragraph (b) immediately preceding the effective date the 

option term is exercised. 

 

(d) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to 

bargain and that can be substantiated by data from sources independent of the offeror(s). The established market price under this 

clause may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The 

established market price that shall be used for the EPA factors subject to price adjustments under this clause, and the economic 

indicators and publications to be used are listed in paragraph (b) of this clause. 

 

(1) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the 
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weekly or monthly prices of each applicable economic indicator only for the period specified under the Base Unit Price column 

in paragraph (b) immediately preceding (i) the closing date for proposals, if no discussions are held, (ii) the due date for final 

proposal revisions, if discussions are held, or (iii) the opening date, if sealed bidding is used. 

 

(2) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic 

indicator for the period specified under the Adjusting Unit Price column in paragraph (b) immediately preceding the effective 

date the option term is exercised, except for linerboard which shall require on additional adjustment six months after each 

option term is exercised. 

 

(e) With respect to increases or decreases under this clause, no adjustment shall be made to the base term contract unit prices. One 

adjustment calculation shall be made annually to determine the unit prices applicable to the forthcoming) tier period. 

 

(f) ALLOWANCE FACTOR: For the purpose of price adjustment pursuant to this clause, it shall be conclusively presumed that the 

amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA 

refers to the element of cost for each item that is outside the control of the vendor and in “Schedule B” the offerors will be required to fill 

in this amount. This is the only portion of the cost that will be subject to the EPA provision. The EPA provisions based on changes in 

market prices for product material costs such as beef, turkey, ham, pork, chicken, and blueberries are subject to the EPA, because there is 

serious doubt concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General and 

Administrative (G&A), transportation, and profit, are not unstable enough to require an EPA and will remain firm-fixed-price. This 

allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which 

affects this allowance. 

 

(1) The United States Army Research, Development and Engineering Command (RDECOM) Natick Soldier Center (NSC) who 

prepares the specifications has moved from Military Specifications to Performance Requirements. They are no longer permitted 

to dictate formulas within the specification. Therefore, DLA does not state the specific amount of meat, potatoes, gravy, etc that 

goes into a tray pack item, only an overall amount with a protein and carbohydrate requirement. Meeting the protein 

requirement indicates that the contractor has put in sufficient meat quantities in the tray/pouch to satisfy the requirement. 

Different contractors will put in differing quantities of beef, turkey, ham, pork, chicken breast, etc. to meet the protein 

performance requirements. This is why specific weights or quantities cannot be specified in advance in this EPA as would be 

used in a Military Specification and the cost for the items subject to adjustment will be entered by the contractor in Section B. 

The Government performs oversight to ensure that the performance requirements are met or exceeded. 

 

(g) Adjustments shall be calculated as follows: (Round to two decimal places) 

 

(1) Compute the Adjusting Unit Price and the Base Unit Price. 

 

(2) Adjusting Unit Price - Base Unit Price/Base Unit Price = Market Price Change (+ or -). 

 

(3) Market Price Change X Allowance Factor = Price Adjustment (+ or -). 

 

(4) Determine the Contract Unit Price Adjustment by computing the sum total of the price Adjustment of all items subject to 

EPA. 

 

(5) The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion subject to the 

EPA (Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as 

appropriate) the Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm fixed price portion agreed 

to at the time of award for the option period being adjusted. 

 

(h) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the 

adjusted contract unit price. 

 

(i) PAYMENTS: Payment for an adjustment under this clause shall be at the current contract price until an adjustment has been effected. 

The Government shall pay the Contractor, upon submission of proper invoices or vouchers the unit price stipulated in the contract 

modification for the applicable option period. The contractor also represents by submitting its final invoice that the total amount billed 
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under this contract reflects all increases or decreases required or authorized by this clause. 

 

(j) Any pricing actions pursuant to the “CHANGES” clause or other provisions of the contract will be priced as though there were no 

provisions for economic price adjustment. 

 

(k) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more. 

 

(l) UPWARD CEILING ONECONOMIC PRICE ADJUSTMENT: The total increase in any contract unit price shall not exceed 10% per 

annum of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this 

clause. 

 

(m) REVISION OF MARKET PRICE INDICATOR: In the event that (i) any applicable market price indicator is discontinued or its method 

of derivation is altered substantially; or (ii) the Contracting Officer determines that a particular market price indicator consistently and 

substantially fails to reflect market conditions, -- the parties shall mutually agree upon an appropriate and comparable substitute and the 

contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to 

consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be 

resolved in accordance with the “DISPUTES” clause of the contract. 

 

(n) DISPUTES: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other matters 

addressed by this EPA clause then the matter shall be resolved in accordance with the DISPUTES clause of the contract. 

 

(o) Authority to add additional traypack items to Polymeric Traypack Ration EPA . Paragraph (b) of this clause identifies 14 unique 

components contained in the polymeric traypack ration. These components are selected based on historical data and may not be 

included in every polymeric traypack ration. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due 

to customer requirements, the contracting officer may add additional components to the polymeric traypack ration. The contracting 

officer will show within paragraph (b) the additional components(s). 

 

(p) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representative shall have the right to 

examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor 

adherence to the provisions of the clause. 

 

(q) In the event any applicable market price indicator is not published for any week(s), that week will not be included in calculating the 

base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an indicator is not published 4 times, the 

average of the 48 published prices only will be calculated. When a range of prices is provided, for the purposes of the calculations the 

arithmetic average of the high and low number will be calculated to determine the indicator for that period. 

 

252.217-7001 SURGE OPTION (DEC 2018) - DFAR 

 

 (a) General. The Government has the option to -- 

 

 (1) Increase the quantity of supplies or services called for under this contract by no more than 200% of the estimated quantity/dollar 

value; and/or 

 

 (2) Accelerate the rate of delivery called for under this contract, at a price or cost established before contract award or to be established 

by negotiation as provided in this clause. 

 

 (b) Schedule.

 

 (1) When the Capabilities Analysis Plan (CAP) is included in the contract, the option delivery schedule shall be the production rate 

provided with the Plan. If the Plan was negotiated before contract award, then the negotiated schedule shall be used. 

 

 (2) If there is no CAP in the contract, the Contractor shall, within 30 days from the date of award, furnish the Contracting Officer a 

delivery schedule showing the maximum sustainable rate of delivery for items in this contract. This delivery schedule shall provide 
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acceleration by month up to the maximum sustainable rate of delivery achievable within the Contractor's existing facilities, equipment, 

and subcontracting structure. 

 

 (3) The Contractor shall not revise the option delivery schedule without approval from the Contracting Officer. 

 

 (c) Exercise of option.

 

 (1) The Contracting Officer may exercise this option at any time before acceptance by the Government of the final scheduled delivery. 

 

 (2) The Contracting Officer will provide a preliminary oral or written notice to the Contractor stating the quantities to be added or 

accelerated under the terms of this clause, followed by a contract modification incorporating the transmitted information and 

instructions. The notice and modification will establish a not-to-exceed price equal to the highest contract unit price or cost of the 

added or accelerated items as of the date of the notice. 

 

 (3) The Contractor will not be required to deliver at a rate greater than the maximum sustainable delivery rate under paragraph (b)(2) of 

this clause, nor will the exercise of this option extend delivery more than 24 months beyond the scheduled final delivery. 

 

 (d) Price negotiation.

 

 (1) Unless the option cost or price was previously agreed upon, the Contractor shall, within 30 days from the date of option exercise, 

submit to the Contracting Officer a cost or price proposal (including a cost breakdown) for the added or accelerated items. 

 

 (2) Failure to agree on a cost or price in negotiations resulting from the exercise of this option shall constitute a dispute concerning a 

question of fact within the meaning of the Disputes clause of this contract. However, nothing in this clause shall excuse the Contractor 

from proceeding with the performance of the contract, as modified, while any resulting claim is being settled. 

 

 

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)--

FAR 

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does 

not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the 

performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications 

Equipment or Services --Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and CertificationsCommercial Items. 

(a) Definitions. As used in this provisionBackhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, 

roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for 

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a 

contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a 

substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be 

construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a 

third-party, such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user 

data or packets that such equipment transmits or otherwise handles. 
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(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the 

head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an 

entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or 

essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered 

telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing 

in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a 

third-party, such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user 

data or packets that such equipment transmits or otherwise handles. 

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.

gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.” 

(d) Representations. The Offeror represents that -- 

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any 

contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure 

information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and 

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that -- 

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses 

covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at 

paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section. 

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the 

representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE 

code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, 

manufacturer part number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use 

would be permissible under the prohibition in paragraph (b)(1) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the 

item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item 

description, as applicable); or 

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the 

proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under 

the prohibition in paragraph (b)(1) of this provision. 

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation 

in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 
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(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE 

code, and whether the entity was the OEM or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, 

manufacturer part number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use 

would be permissible under the prohibition in paragraph (b)(2) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the 

item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item 

description, as applicable); or 

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered 

telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in 

paragraph (b)(2) of this provision. 

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 

2020)--FAR 

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

 Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the 

network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g.,

fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China. 

Covered telecommunications equipment or services means - 

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of 

such entities); 

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other 

national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, 

Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or 

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in 

consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an 

entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 

Critical technology means - 

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms 

Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; 

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations 

under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- 

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, 

nuclear nonproliferation, or missile technology; or 
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(ii) For reasons relating to regional stability or surreptitious listening; 

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 

of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); 

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import 

of nuclear equipment and material); 

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 

42 of such Code; or 

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 

4817). 

 Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of 

another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a 

customer of telephone company B) or sharing data and other information resources.

 Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer 

or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or 

third-party audit.

 Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to 

the facilities of the home network either because signal coverage is too weak or because traffic is too high.

 Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, 

system, or service. 

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) 

prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract 

to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or 

essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the 

Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential 

component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or 

the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 

 (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) 

prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a 

contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a 

substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of 

this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This 

prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of 

work under a Federal contract. 

(c) Exceptions. This clause does not prohibit contractors from providing -- 

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that 

such equipment transmits or otherwise handles. 

(d) Reporting requirement. 

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential 

component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of 

such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to 
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the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the 

Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the 

Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order 

or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided 

at https://dibnet.dod.mil. 

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause 

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; 

supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; 

model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any 

readily available information about mitigation actions undertaken or recommended. 

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about 

mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or 

submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future 

use or submission of covered telecommunications equipment or services. 

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in 

all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. 

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) - FAR 

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of 

Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right 

to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under 

this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have 

occurred. 

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to 

the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the 

Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of 

the inspection or receiving report accompanying the shipment. 

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to 

the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's 

expense. 

(d) The certificate shall read as follows: 

I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by 

Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all 

applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all 

respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking 

requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached 

acceptance document. 

Date of Execution: __________________________________________ 

Signature: _________________________________________________ 

Title: ______________________________________________________ 

E05 Product Verification Testing (SEP 2016) 

(1) When PVT is invoked, the Government Quality Assurance Representative will notify the contractor that testing will be 

performed. The product verification testing (PVT) will be performed at a Government-designated testing laboratory. 
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 (a)The contractor shall not ship or deliver any material unless directed to do so in writing by the contracting officer or until 

notified of acceptable PVT results. 

 (b)PVT results will be provided in 20 working days after receipt at the Government testing facility. 

(2)The QAR will select a random sample from the contractor's production lot. Selected PVT samples are to be shipped by the 

contractor at Government expense with a copy of the Department of Defense DD 

Form 250 and a DD Form 1222. The packaging will be marked “Product Verification Test Samples, Contract Number _______, Lot/

Item Number _________________________." 

 (3)Test results will indicate one of the following: 

 (a)Samples that pass testing and are not destroyed during evaluation will be returned to the contractor at the Government's 

expense and will be included as part of the total contract quantity. The contractor and Government may agree to dispose of samples 

not destroyed when the cost of the item does not justify the shipping expense. These samples will be considered part of the contract 

quantity. Samples that pass testing and are not returned to the contractor will be considered part of the contract quantity for 

payment and delivery. The contractor will deliver the remaining lot quantity minus sample units. 

 (b)If samples fail testing, such failure will result in rejection of the entire contract lot from which the samples were 

taken. At the Government's discretion, parts failing any test criteria may be retained and not be returned to the contractor. 

 

CERTIFICATE OF CONFORMANCE 

(a) Unless otherwise specified in the contract, the Contractor shall furnish a certificate of conformance for packaging, packing, labeling, 

marking and unitization materials and their performance in use in lieu of government sampling and testing. Performance in use applies 

to joint strength of strapping and tension of unit load strapping. The unitization materials covered by the certificate of conformance shall 

not include pallets. Examination and testing of pallets shall be performed in accordance with specification requirements unless 

otherwise stipulated in the contract. 

 

(b) When specified, the Contractor may also furnish a certificate of conformance for certain components/ingredients or end item 

characteristics. The Contractor may still furnish a certificate covering any of the foregoing even though a subcontractor provided the 

materials. In such event, the Contractor is responsible for assuring that the materials met all contract requirements. For this reason, the 

Contractor should request a certificate of conformance from the subcontractor. 

 

(c) The certificate of conformance should be worded substantially as follows: 

(1) I certify that all (indicate type of material) called for by the contract conform to applicable contract requirements in every particular. 

(For meats only, the Contractor must also state that "no distressed, reconditioned meat has been used.") 

(2) Such materials consist of the following: (Specify quantity, manufacturer and nomenclature for each item.) 

Signature and Title of Certifying Official 

Distribution: One copy to origin inspector, when applicable. One copy with shipment when origin USDA/USDC inspection is not 

required. One copy with invoice for payment when Department of Defense (DD) Form 250 is not used. 

(d) It is the intent of the Government to be able to rely on the certificate of conformance. To assure that the certificate is reliable, the 

government reserves the right to perform verification testing of each component for which specifications are established in the contract. 

Random samples shall be personally selected by the cognizant government inspector. Random samples of packaging, labeling, packing 

and marking materials shall be submitted to the DLA analytical laboratory with a copy of the DD form 1222 furnished to DLA Troop 

Support HSQ. Food component materials shall be sent to the laboratory servicing the inspector's organization. All costs incident to the 

sampling and submittal of materials shall be borne by the Contractor. The reliability of the Contractor's certificate of conformance will be 

determined on the basis of government verification results. 

(1) When it is determined by DLA Troop Support HSQ that the DLA analytical laboratory test samples meet the contract requirements, 
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the certificate of conformance for these materials is considered reliable. 

(2) When DLA Troop Support finds the materials do not meet the contract requirements based on recognized statistical methods, the 

certificate of conformance is considered unreliable. The Contractor shall be so advised and the particular deficiencies which render such 

certificate unreliable shall be identified. The unreliability status may be continued from contract to contract regardless of the particular 

contract on which the verification tests, or submission by Contractor of nonconforming material, has occurred. The Contractor is 

responsible for all costs incurred by the government in performing tests of future samples submitted for testing after such time as the 

government has informed the Contractor of the unreliability status and until reliability is again established to the satisfaction of the 

Contracting Officer. Testing and administrative costs shall be assessed at the prevailing rate. 

ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS 

 

(a) Optional Contractor Testing of Contractor-Furnished Materials. 

To expedite shipment, the Contractor has the option to perform, or have performed by an independent laboratory, contractuallyrequired tests of end items or component material not specified by the U.S. Standards of Grade. The inspector for the Government 

agency having jurisdiction over ascertaining compliance may permit shipment, provided all other requirements of the contract are met. 

The designated Government inspector will select random samples of each lot of end items or component material for verification testing 

until the Contractor's testing system is determined reliable in accordance with paragraph (c) of this clause. It is the intent of the 

Government to rely on Contractor test results to the maximum extent practicable and minimize Government verification testing. 

(b) Compliance of Product. 

Acceptance of material as complying with required characteristics shall be based on the Contractor's test results; provided that 

Government verification indicates the Contractor's testing system is reliable, in accordance with paragraph (c) of this clause, as to each of 

the required characteristics. If the Contractor's test system is determined to be unreliable, product compliance will be determined based 

solely on Government test results. In the event the Government detects any irregularities in the Contractor's testing system, the 

designated Government inspector may withhold approval until Government test results indicate products conform to contract 

requirements. (For Meal, Ready-to-Eat (MRE) items, if Government laboratory test results show that product is nonconforming, the 

product shall be withheld from final assembly and subject to return and replacement by the component Contractor, even if previously 

approved by the Government inspector.) 

(c) Reliability Conditions. 

(1) To be considered reliable, the Contractor's testing system shall produce results comparable to the Government test results; 

unless the Government agency having jurisdiction has inspected the item produced at the Contractor's plant within the previous 120 

days. Unless otherwise specified in this contract, the Government inspector will select samples randomly from the first three lots of end 

items presented for inspection and will conduct verification testing on a skip-lot basis. Skip-lot verification is done by random selection 

of samples from not less than one lot in six consecutive lots presented for inspection. The sampling procedure under skip-lot places the 

succeeding lots not chosen for inspection back into the universe available for subsequent inspection. (For instance, starting with a group 

of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next samples will be selected from lots 5, 6, 7, 8, 9, 

or 10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 13, or 14; and so on.) 

 

(2) Contractor's testing system shall be considered unreliable when (i) the Government verification results indicate product 

nonconformance to contract requirements; and (ii) a significant disparity exists between Government laboratory results and Contractor 

test results. When a Contractor's testing system is determined to be unreliable, compliance testing will revert to the Government, and all 

items shall be inspected by the Government prior to shipment. 

 

(3) Contractor's testing system will be considered doubtful when (i) a significant disparity exists between Government 

laboratory results and Contractor test results; (ii) the Government test results indicate significantly poorer quality than the Contractor's; 

and (iii) the Government laboratory test results do not indicate product nonconformance to a statistically significant degree. When the 

Contractor's testing system is considered doubtful, verification testing will be performed on each lot produced; however, the 
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Government will continue to permit the Contractor to ship based on its own test results. 

 

(4) Contractor testing system reliability will be determined by applying recognized statistical tests to the Contractor's and 

Government's test results. These determinations shall be accomplished by the DLA Troop Support, Directorate of Subsistence, Product 

Services Office, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092. 

 

(5) The Contracting Officer will notify the Contractor of any change in reliability status. Notification will include details of the 

statistical determinations and test results used in reliability studies. Telephonic notification and copies of these determinations will be 

provided to the Government by DLA Troop Support FTRE. 

 

(d) Procedures. When the Contractor elects to perform testing, the following shall apply: 

 

(1) Reporting of Contractor's Results. Test reports for each lot of end item and components shall be submitted in the format

contained in this clause by the Contractor in an original and one copy to the designated Government inspector. The inspector will 

forward one completed copy to DLA Troop Support FTRE. 

 

(2) Verification Actions. The Government will perform verification testing for food items and component material required by 

the contract to assure that the Contractor's testing results are reliable. Verification samples will be accompanied by a DD Form 1222, 

Request for and Results of Tests. The Government laboratory that performs the tests will provide copies of the test results to the 

Government inspector and to DLA Troop Support FTRE. The Government laboratory will telephone the results to DLA Troop Support HS 

(215-737-4259) when testing identifies nonconformance. The Government reserves the right to (i) increase the rate or amount of 

verification testing up to and including full lot-by-lot testing, in the event the Contractor does not furnish reliable test results or 

certificates; or (ii) obtain additional data when significant disparities exist between the Contractor's results and the results of the 

Government laboratory testing. When any element of the Contractor testing system is determined unreliable, the Government may 

consider the testing system as a whole unreliable and return to full lot-by-lot verification for every test. Testing by the Government will 

continue until such time as the Contractor's reliability is again established. 

(1) Standby Test Samples. The Government reserves the right to withdraw and hold standby test samples of 

component or finished product or both (the quantity of which shall be the next larger available sample size required for unit testing and 

the same sample size required for composite testing) for inspection purposes. Unused samples will be returned to the Contractor. 

 

(e) Charges Applicable to Unreliable Test Status. The prime Contractor shall be charged the costs of lot-by-lot inspection during the 

period that its testing system is considered unreliable. These charges will be processed and approved by the Contracting Officer. 

 

(f) Format for Contractor/subcontractor test report. 

 

Name and Address of Contractor: 

 
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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 forward one (1) copy to DLA Troop Support FTRE; and hard copy with each 

shipment, when DD Form 250 (MIRR) reports are not provided.) 

 

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) - FAR 
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This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon 

request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this 

address: 
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STATEMENT OF WORK

I. INTRODUCTION 

 

A. This solicitation is for 22 entrée tray pack items used as components in the assembly of the Unitized Group 

Ration - Heat & Serve (UGR - H&S) program. The UGR-H&S Program is used to sustain military personnel during worldwide 

operations. The UGR - H&S is designed to simplify the process of providing high quality food service in a field environment. All 

components for a complete 50-person meal are included in the UGR-H&S, with the exception of mandatory supplements, such 

as milk and cold cereal and optional enhancements like bread, fresh fruit, and vegetables. The UGR-H&S module is 

characterized by tray pack entrees and starches/desserts. 

 

B. The Government will utilize Lowest Price Technically Acceptable procedures to award to the responsible offeror(s) whose 

offer meeting the acceptability standards for all non-price factors offers the lowest total price per line item and meets all of the 

terms and conditions of the solicitation. This solicitation is unrestricted with HUBZone price evaluation preference. Only one 

price per line item per tier will be accepted. . A Qualification stating an offeror will only accept an award for all items offered 

upon will not be accepted. A more detailed discussion of the evaluation criteria is provided later in this solicitation under FAR 

52.212-2, Evaluation - Commercial Items. 

 

C. The resulting contract(s) will be an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract(s) with a Fixed-Price with 

Economic Price Adjustment (EPA). The resulting contract(s) will have a total term of five years, consisting of five, 12-month 

tiered periods, as follows: 

 

Tier 1: Date of Award through 365 days 

 Tier 2: Day 366 through 730 

 Tier 3: Day 731 through 1,095 

 Tier 4: Day 1,096 through 1,460 

 Tier 5: Day 1,461 through 1,825 

 

Contract deliveries may fall outside of the tier effective periods. However, prices will be based on the time an order is placed, 

not when an order is delivered. For example, if an order is placed during tier 2, but delivery is made during tier 3, then the prices 

in effect for that order will be the tier 2 prices. Offering on all five tiers is mandatory. Failure to offer on five tiers may be 

deemed as non-acceptance of the tiers and could result in rejection of the offerors' entire proposal. Tier 2 will follow Tier 1 upon 

expiration of that period, Tier 3 will follower Tier 2 upon expiration of that period, Tier 4 will follow Tier 3 upon expiration of that 

period and Tier 5 will follow Tier 4 upon expiration of that period. 

 

A. PRE-AWARD PLANT SURVEY: To determine the responsibility of prospective contractors, the government reserves the right 

to conduct physical surveys of the plants which are to be used in the performance of a contract. In the event the 

government is prevented from conducting such a plant survey by the offeror or its proposed subcontractor, the offeror's 

entire proposal may be rejected as technically unacceptable. As a part of the pre-award survey, the offeror may be required 

to obtain from its intended sources of supply, letters confirming availability of components, materials machinery and 

tooling.

 

B. The below spreadsheet is due to DLA-TS every Monday to Debra.Goffman@dla.mil and Noreen.Killian@dlamil via email, for 

each outstanding delivery order and is a contract requirement. 

II. GUARANTEED MINIMUM/MAXIMUM 

 

A. The quantities shown in the schedule represent the estimated minimum and maximum quantities that will/may be ordered over 

the ordering period for the total 23 items combined. 
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1. The guaranteed minimum quantity for the 5-year contract period is 3,290,880 Trays for the 23 iitems combined. 

2. The maximum quantity for the 5-year contract period is 16,454,400 Trays for the 23 items combined. 

3. The above minimum and maximum quantities assume one contract is awarded for the total 23 line items under this 

solicitation. If multiple awards are made from this solicitation, then the guaranteed minimum and maximum quantities for the 

resulting contracts will vary depending on the estimated minimum and maximum quantities of the line items under each 

respective contract. 

 

B. Surge 

1. The primary mission of the Defense Logistics Agency (DLA) is to support the military in peace and during 

contingencies. The ability to ramp-up quickly to meet early requirements, and to sustain an increased pace throughout the 

contingency are critical to the execution of the U.S. military strategy. DLA's designation as a Combat Support Agency makes it 

directly responsible for the timely support of critical military operational requirements. Because of DLA's unique role, surge 

capability is a primary consideration in this acquisition. DLA contractors are accountable for meeting surge requirements, 

ensuring surge capability actually exists and validating surge capability through surge testing. 

 

2. DLA defines surge as the ability of the industrial base to meet accelerated delivery requirements, with existing 

industrial base capabilities, across a broad spectrum of possible contingencies. This includes both the capability to ramp-up 

quickly to meet early requirements, as well as to sustain an increased pace throughout the contingency(s). The spectrum of 

possible contingencies includes major theatre and smaller scale contingency operations. The various contingencies are as 

follows: 

 

3. Joint Chiefs of Staff (JCS) Logistics Exercises - The contractor must have the ability to support short term surges in 

demands, which may increase two times the estimated demand. There may be occasions where large increases in quantity will 

be necessary for short periods of time and on short notice. An example of a surge situation would be an increase in military 

feeding of 200% over peacetime demand for a period of up to 30 days. Normally, there is advance notice as to when exercise 

surges will occur. 

 

4. Military Operations - The contractor must have the ability to support surges in demand, which may be needed for an 

extended period of time on short notice. An example of a military operation would be US peacekeeping missions and Bosnia 

support. For this type of scenario, the capability to ramp-up quickly to meet early requirements, as well as sustainment for an 

extended period of time is essential. 

 

5. Mobilization - A full-scale military mobilization or a national emergency could increase to 200% of the estimated 

quantity requirements within the first 135 days. Normal mobilization strategies provide lead times of at least 30 days to build 

the necessary support level. The contractor must have the ability to support this increased level of supply for an extended 

period of time. 

 

III. ITEM ADDITIONS/DELETIONS/REPLACEMENTS 

 

The Government may add, delete, or replace items on the contract as military needs change as outlined below: 

 

A. The Government reserves the right to add new items to the resultant contract(s), through bilateral modification. If one contract is 

awarded, pricing for new items will be negotiated with the awardee and must be found fair and reasonable by the Contracting Officer. If 

multiple awards are made, new items will be competed amongst awardees, utilizing Lowest Price Technically Acceptable evaluation 

criteria for award as provided in this solicitation. 

 

B. If multiple awards are made and an awardee defaults on any particular item(s), then the Government reserves the right to delete such 
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item(s) from the defaulted awardee's contract and add those items to another awardee's contract. For another awardee to have such 

item(s) added to its contract, that awardee must be able to meet all technical acceptability requirements of this solicitation with respect 

to such item(s). If only two contracts are awarded under this solicitation, the awardee receiving the item(s) must agree to sell the item(s) 

at the price that such item(s) was/were originally awarded to the defaulting awardee. If more than two contracts are awarded under this 

solicitation, then the Government will compete the item(s) among the other awardees using LPTA procedures, but the other awardees 

competing must agree to sell the item(s) at a price no higher than the price that such item(s) was/were originally awarded to the 

defaulting awardee. 

 

C. The Government reserves the right to unilaterally delete items from the Unitized Group Ration - Heat and Serve (UGR-H&S) Program. 

 

D. The Government reserves the right to replace or not to replace any item(s) which have been discontinued or removed from the 

contract. The Government shall satisfy the guaranteed minimum contract quantity requirements as stated in the contract award. 

 

IV. CONTRACTING AUTHORITY 

 

A. The DLA Troop Support Contracting Officer is the ONLY person authorized to approve changes to, or modifications of, any 

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

with DLA Troop Support Contracting Officer. 

 

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

Officer, the change will be considered to have been made without authority and no adjustments will be made to cover any costs 

associated with such change. 

 

 

V. TECHNICAL/QUALITY DATA 

 

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

for Natick and 16 replenishment samples for the government's supply at origin from a lot accepted by the government for all 

contractual requirements. The contractor will be responsible for shipment to Natick. This replenishment may occur earlier 

if necessary to ensure an adequate supply of PDM samples. The contractor will also use samples from this same lot as the 

production standard. 

 

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

current PDM stocks or as required by schedule. Replenishment PDMs will be evaluated for appearance, odor, 

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

must meet the requirements for those characteristics in the appropriate product technical requirements 

document or specification(s). Upon acceptance the replenishment PDM will become the new product 

standard.

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

Resubmittal PDM Replenishment. This follow-up Resubmittal PDM Replenishment and any subsequent 

Resubmittal lots cannot be shipped by the vendor without an acceptable evaluation result from Natick. 

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

Natick as a Replacement PDM, following the PDM submittal process. The production lot that is used for the 

Replacement PDM submittal cannot be shipped by the manufacturer without an acceptable evaluation result 

from Natick. 

 

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

Replacement PDMs are defined as product samples that are non-comparable to the established PDM, e.g. due to different 
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ingredients or process methodologies. Replacement PDMs are submitted by the contractor and follow the same submittal 

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

 

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

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

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

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

samples shall be designated as Monthly Review Samples. The USDA Inspector will ship them monthly to the following 

locations at the contractor's expense: 

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

South Bend, IN and Winter Haven, FL) 

AND 

Four samples of all items to: 

 

U.S. ARMY COMBAT CAPABILITIES 

DEVELOPMENT COMMAND-SOLDIER CENTER 

NATICK SOLDIER SYSTEMS CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760-5056 

Lab # 508-206-3315 

Jill.M.Bates@us.army.mil

B. INSPECTION AND ACCEPTANCE REQUIREMENTS 

1. For the purposes of Inspection/Acceptance and Shipment/Delivery, a manufacturer's “lot” shall be considered no greater than 

a single shift's production. 

 

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

pallet.

 

1. OPTIONAL CONTRACTOR TESTING is provided by the alternate inspection requirements mentioned in this solicitation.

 

C. ITEM DESCRIPTION 

 

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

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

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

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

Subsistence/OperationalRations/cids/ 

Questions regarding the technical specifications should be directed to Debra.goffman@dla.mil and Noreen.

Killian@dla.mil. 

 
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D. TRACEABILITY 

 

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

container (unit pack) and intermediate container, if required, has a lot number and cannot be older than 90 days (i.e. 90 days Date of 

Pack (DOP)). These package codes shall be permanent and legible. 

 

Use of the Julian Date for the lot number and a time stamp is preferred. For example, (9296 12:15) 9296 = October 23, 2019 and 12:15 

representing the time of filling/sealing. When not required by specification, the contractor's lot identification may be of their own 

coding, i.e. a closed code, but the contractor shall provide the coding information for the primary containers and the contract data 

markings upon delivery. Package codes (to include time) per case lot number shall be identified on the appropriate accompanying DD 

Form 250 upon delivery. 

 

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

ingredients. This shall be accomplished for the each item, brand and component that is shipped to the Defense Depot (Assembler) for 

the Unitized Group Ration Programs. This information shall be made available within 24 hours of a traceability recall notification. 

 

E. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS 

 

As required by 48 CFR 246.471 Authorizing Shipment of Supplies, AR 40-657, Veterinary/Medical Food Safety, Quality Assurance and 

Laboratory Service, DLAR 4155.3, Inspections of Subsistence Supplies and Services, and as clarified by the Armed Forces Food Risk 

Evaluation Committee, 31 JAN 1996, all Operational Ration Food Components will originate from sanitarily approved establishments. 

Acceptable sanitary approval is constituted by listing in the "Directory of Sanitarily Approved Food Establishments for Armed Forces 

Procurement," published by the U.S. Army Institute of Public Health (USAIPH), or an establishment inspected and approved by the U.S. 

Department of Agriculture (USDA) or the U.S. Department of Commerce (USDC) and possessing a USDA/USDC establishment number. 

This requirement applies to all GFM and CFM Operational Ration Food Components and to all Operational Ration types. Requests for 

inspection and "Directory" listing by USAIPH will be routed through DLA Troop Support-FTSC for coordination and action. Situations 

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

DLA Troop Support-FTSC, in coordination with the Chief, Approved Sources Division, USAIPH. 

1. SANITARY CONDITIONS 

(a) Food establishments. 

(1) All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are subject to sanitation 

approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the 

Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products 

manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is 

operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, 

or which has not been listed in an appropriate Government directory as a sanitarily approved establishment when required. 

Accordingly, the supplier agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this 

contract will originate only in establishments listed in the U.S. Army Institute of Public Health (USAIPH) Circular 40-1, Worldwide 

Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at: http://

phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). Compliance with the current edition of DoD 

Military Standard 3006A, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the 

Worldwide Directory. Suppliers also agree to inform the Contracting Officer immediately upon notification that a facility is no 

longer sanitarily approved and/or removed from the Worldwide Directory and/or other Federal agency's listing, as indicated in 

paragraph (2) below. Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is 

reinstated. 

 

(2) Establishments furnishing the products listed below and appearing in the publications indicated need not be listed in the 

worldwide directory. Additional guidance on specific listing requirements for products/plants included in or exempt from listing 

is provided in Appendix A of the worldwide directory. 
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(i) Meat and meat products and poultry and poultry products may be supplied from establishments which are currently 

listed in the “Meat, Poultry and Egg Inspection Directory,] published by the United States Department of Agriculture, Food 

Safety and Inspection Service (USDA, FSIS), at http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory . The 

item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield 

and applicable establishment number. USDA listed establishments processing products not subject to the Federal Meat and 

Poultry Products Inspection Acts must be listed in the Worldwide Directory for those items. 

(ii) Intrastate commerce of meat and meat products and poultry and poultry products for direct delivery to military 

installations within the same state (intrastate) may be supplied when the items are processed in establishments under state 

inspection programs certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products Inspection Acts. 

The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official 

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

(iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and Egg 

Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/poultry/grading.

htm. 

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

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

PlantBook_Query.asp . All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, 

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

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

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

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

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

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

facility. 

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

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

of Interstate Milk Shippers” (IMS), published by the U.S. Department of Health and Human Services, Food and Drug 

Administration (USDHHS, FDA) at http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm. 

These plants may serve as sources of pasteurized milk and milk products as defined in Section I of the “Grade `A' Pasteurized 

Milk Ordinance” (PMO) published by the USDHHS, FDA at http://www.fda.gov/Food/GuidanceRegulation/

GuidanceDocumentsRegulatoryInformation/Milk/default.htm. 

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

Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: http://www.

ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022 ) may serve as sources of manufactured or processed dairy 

products as listed by the specific USDA product/operation code. Plants producing products not specifically listed by USDA 

product/operation code must be Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not shredded 

cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes 

(packaging and processing) must be Worldwide Directory listed. 

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

by the USDHHS, FDA at http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm. 

(3) Establishments exempt from Worldwide Directory listing. Refer to AR 40-657/NAVSUPINST 4355.4H/MCO P1010.31H, 

Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be exempt from 

Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 

22312 ; 1-888-584-8332 ; or download from web site: http://www.apd.army.mil/pdffiles/r40_657.pdf ) For the most current listing of 

exempt plants/products, see the Worldwide Directory (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/

DoDApprovedFoodSources.aspx). 
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(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. 

F. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS 

 

All Shipping Containers and Unit Loads shall be clearly marked, in accordance with DLA Troop Support Form 3556 entitled “Marking 

Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semi-perishable Subsistence, dated April 2014, with the following 

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

 

Unitized Ration Component 

National Stock Number 

Item Name 

Date of Pack and Lot Number 

Number of Shipping Containers per Pallet 

Contract Number 

Contractor's name and Address 

Inspection Test Date (ITD) 

 

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

shelf life value to the month/year date of pack. 

Example, if the Date of Pack is June 2007, and the shelf life is 36 months (3 years), then the ITD is computed as follows: 6/07 + 3 years = 

6/10. If labels are used, they shall be permanently affixed with water-resistant adhesive tape. 

 

Shipments without the appropriate Shipping Container and Unit Load Markings will be rejected and returned to origin, or at the 

Contracting Officers discretion, reworked at a labor rate determined by the destination activity (not DLA Troop Support). 

 

 

G. UNITIZATION 

 

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

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

be bonded with non-metallic strapping, shrink or stretch film, or others means that comply with carrier rules and regulations applicable 

to the mode of transportation (adhesive bonding is not acceptable). 

 

Bonding material shall secure the load to the pallet to form a consolidated, stable cargo which can be handled as a unit. For example, 

when strapping is used to secure the load, the straps shall pass under the top deck boards of the pallet. When stretch or shrink film is 
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used, it must be applied low enough on the pallet to secure the load to the pallet. The unit load height shall not exceed 50 inches. 

 

Inspection of unit loads shall be in accordance with classification Type III, Class G of DLA Troop Support Form 3507 of April 2014 entitled 

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

 

NOTE: The unit load dimensions are 40 inches in length by 48 inches in width and 50 inches in height (Please note: In the height 

dimension, this includes the 1-3/8" slave board that the pallet and material are placed on). 

 

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

 

REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) WOOD PACKAGING MATERIAL (WPM) WILL BE USED TO 

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

 

Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame 

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

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

 

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

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

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

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

 

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

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

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

 

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

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

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

bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and 

be marked with an ASLC approved DUNNAGE stamp. 

 

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

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

 

H. QUALITY ASSURANCE PROVISIONS INSURANCE/ACCEPTANCE 

 

This solicitation and the resultant contract(s) shall be subject to in-plant/in-process inspection and lot inspection at Origin. 

Government inspection shall also be at destination for identity, count and condition for all terms and conditions of the contract. This 

shall include but is not limited to the following: 

 

1. All shipments must be accompanied by an accurate DD-250, and all other pertinent invoices as required. 

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

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

4. All delivered product shall be free of defects. 

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

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

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

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

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

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

 

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

Contracting Officer's discretion reworked at a labor rate determined by the destination activity (not DLA Troop Support). 
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By submitting an offer, the contractor certifies that the product offered meets: the specified finished product salient characteristics and 

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

manufacturing procedures, quality control procedures, and storage and handling practices; has a national or regional distribution from 

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

 

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

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

determine conformance with the provisions of the contract. 

 

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

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

 

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

rejection. 

 

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

Good Manufacturing Practices in Manufacturing, Packing or Holding Human Food,” and all regulations referenced therein. 

 

 

I. DATE OF PACK 

 

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

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

 

J. 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.

1. Corrective Action (Rework/Screen Inspections) Taken Prior to Government Verification Inspection (Receipt, In-Process 

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

Government verification inspection do not require approval from the Government. Although the GQAR must be informed of all reworks, 

the contractor is not required to obtain approval to take corrective and preventive action as deemed necessary to ensure compliance 

with contractual requirements. For reworks requiring the Government's approval (as specified below), the contractor may submit a 

Standard Rework Procedure (SRP), for certain defects, under the contractor's documented QSP section XII - Corrective and Preventive 

Action Program. The SRPs must be specific and these must be evaluated by DLA Troop Support-FTR, and DLA Troop Support-FTSC, and 

approved by the applicable Contracting Officer.

 

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

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

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

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

Contracting Officer waive the nonconforming requirement. If the Contracting Officer approves the waiver request for a specific 

requirement, the written waiver approval shall be provided to the GQAR when the supplies are presented for Government Verification 

Inspection (the skip-lot inspection does not apply in this case). The GQAR shall inspect the supplies for compliance with all requirements 

of the contract, except the waived requirement. The Contracting Officer, in special circumstances, may request the GQAR to inspect for 

the non-conforming characteristics also, after the waiver for the nonconforming requirement has been provisionally approved, to 

determine severity of nonconformance only. Due to the type of statistical sampling cited in the contract, under no circumstances shall a 

lot found nonconforming by the contractor be inspected by the GQAR to determine conformance to a requirement that has previously 

been established as nonconforming by the contractor's inspection. After any lot's failure or rework, if the lot is re-inspected, it will be 

both Contractor and Government inspected at the next higher sample size. 

 

2. The Following Reworks Must Be Coordinated With the Supervisory GQAR and Approved by the Applicable DLA Troop 

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

 

b. Food Safety and Foreign Material: All corrective actions for product retained due to foreign material and/or 

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

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

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

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

the case of a deviation, the GQAR shall contact FTR for approval to proceed with the Government end item verification inspection. These 

requirements are in addition to applicable Code of Federal Regulations or other regulatory requirements (USDA-FSIS, FDA)

 

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

does require USDA notification of the incident. However, foreign material discovered during the Contractor or GQAR/USDA end item 

inspection is cause for rejection of the lot. Rework requests that involve foreign material identified during end item inspections require 

approval from DLA Troop Support FTR before the rework activity can proceed. 

 

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

action 

 

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

 

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

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

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

 

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

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

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

the applicable FTR office). All containers exhibiting same or other container integrity defects must be removed during the 100% primary 

container rework and noted on the rework paperwork. Reworked lots will be inspected or re-inspected, as applicable, by the contractor 

at the location of the rework using the next larger sample size (for example, from 200 samples to 315, or if a second rework, from 315 

samples to 500 samples). Rework results must be included with other paperwork when the lot is presented for Government end item 

verification inspection. 

 

d. Second Time Reworks: All second time reworks must be approved by DLATS .

 

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

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

the applicable Contracting Officer.. 

 

3. Contractor's Quality History: 

 

a. 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 Government Quality Assurance Representative. Corrective actions taken to 

ensure compliance with the contractual requirements prior to the Government end item verification inspection will not 

be counted against the contractor's quality history. If product is found conforming during the Government end item 

verification inspection, the corrective action will be determined to have been effective. However, all requests for waivers and

product deviations will be counted. 

 

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

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

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

contractor must reevaluate their documented QSP and/or the implemented corrective and preventive action program by an 
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internal audit and results must be submitted to DLA Troop Support-FTSB (Quality Systems Auditors). All corrective actions

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

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

 

NOTE: If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days from date of initial 

rejection.

 

All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan will include information and data that 

supports the rework plan and ensures the elimination of nonconforming material from the lot. See “Request for Rework, Request for 

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

 

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

Nonconforming Supplies 

 

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

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

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

the following: 

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

Rework for Residual Air for Apple Dessert) 

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

2. Approval Required from DLA: Yes or No 

3. Contractor Name/Address 

4. Contract Number 

5. Product Name 

6. National Stock Number 

7. Batch Number(s) (If Applicable) 

8. Sublot(s) (If Applicable) 

9. Lot Number(s) 

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

11. Quantity 

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

13. Sample Size; Defect; Accept/Reject 

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

15. Inspection Failure (Summary of non-conformances) 

16. Failure Identified: Processing, Packaging, End Item 

17. Inspector: In-plant/Contractor or USDA 

18. Date of Incident 

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

20. Root Cause of nonconformance or deviation (Describe using a short detailed paragraph) 

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

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

 possible, state why) 

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

occurrence) 

24. Estimated Cost 

25. Effect on Delivery 

26. Justification for request 

 

 

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

Contracting Officer, the contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect the non-reworked lot after taking the corrective action, and evaluate the results of the initial inspection and the reinspection by means of recognized statistical methods. 
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1. If the statistical tests reveal no significant difference between the results of the two inspections, acceptability 

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

variation. Statistically, a difference which has a 0.05 probability of occurring by chance alone is usually 

considered a significant difference. 

 

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. 

 

(i.) 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. 

 

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

the requirement is a unit (attribute) requirement. 

 

K. INTEGRATED PEST MANAGEMENT (IPM) and FOOD DEFENSE PLAN (FDP) 

 

A. INTEGRATED PEST MANAGEMENT (IPM) 

 

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

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

the initiation of production of Government product. The IPM plan is required to be submitted to DLA Troop Support upon 

submittal of proposals. Associated pesticide labels and SDS documents are not required, but are to be made available upon 

request by DLA Troop Support. The contractor shall have those documents available for on-site review during a Quality Systems 

Management Visit (QSMV) or Quality Systems Compliance Audit. In addition, evidence of an insect or rodent infestation, or 

contamination involving any end item will be cause for rejection of the involved lot. IPM program requirements can be found on the 

DLA Troop Support website at: https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/

TS_ipm-cpaf_171120.pdf

 

 

B. FOOD DEFENSE PLAN (FDP) 

 

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

alone Food Defense Plan (FDP) at each contractor facility. The Contractor shall comply with its FDP (as submitted under this contract 

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

The Food Defense Plan shall describe (in general terms) the types of preventive measures taken, or will be taken that reduce 

threats and vulnerabilities, and increase the protection of food intended for DLA Troop Support's customers at CONUS and OCONUS 

locations. The plan must include preventive steps taken to safeguard product during all stages of receipt, production, storage, 

assembly, delivery, and shipment. 

 

Food Defense Plans will be evaluated to ensure compliance with the DLA Troop Support Food Defense Checklist. All areas of 

concern listed in the DLA Food Defense Checklist must be addressed within the FDP. The Food Defense Plan will be received, reviewed, 

rated, and kept on record in the Quality Audits & Product Protection Branch (DTA Troop Support-FTSB). 

 

Points will be deducted for not addressing each element listed in the DLA Troop Support Food Defense Checklist , or by not providing 

the information requested (e.g., establishment registration information). A copy of the Food Defense Checklist is available online to 

download at the web address below: 

https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/food_defense_check19MAR20.pdf 

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. 
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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. 

 

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

 

Compliance with the provisions contained in Title 21, Code of Federal Regulations Part 117 “Current Good Manufacturing 

Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food” and all regulations referenced herein, is required. In addition, 

the contractor is required to comply with all the provisions contained within specific parts of the Code of Federal Regulations. For 

example, low-acid canned food manufacturers, Part 113 and 117 are applicable. 

 

ENTRY INTO PLANT 

The Contracting Officer or any Government personnel designated by the Contracting Officer shall be permitted entry into the 

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

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

 

L. PACKAGING: 

If applicable, preservation, packaging, etc. furnished by suppliers shall meet or exceed the following requirements: 

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

and storage. Unit packages shall also be able to withstand subsequent handling. Unit packs susceptible to corrosion or deterioration 

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

shall be protected by wrapping, cushioning, etc. or other means to mitigate damage during handling and shipment. If screw caps are 

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

seal) and secured to withstand any position in the shipping container without leaking. 

 

 

M. LABELING: 

If applicable, labeling for unit and intermediate containers shall meet those used in the commercial distribution or over the 

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

with the applicable laws as set forth by the Federal Food Drug and Cosmetic Act and regulations promulgated there under. 

 

N. PACKING: 

If applicable, the shipping container (including any necessary blocking, bracing cushioning or waterproofing) shall comply with 

the regulations of the carrier used and provide safe delivery to the destination point at the lowest possible tariff cost. It shall be capable 

of multiple handling and storage under favorable conditions for a minimum of one year. 

 

O. POLYMERIC TRAYPACK SPECIFIC REQUIREMENTS 

 

Traceability Requirements/Commingling of Lots 

The shelf stable Polymeric Tray producer shall maintain records for each end item lot. The end item lot, usually one day's production, 

shall be clearly identified on each primary tray, and clearly identified on the exterior of each case. In addition, the shelf stable Polymeric 

Tray producer shall maintain records of when and where end item lots have been shipped. 

 

In order to facilitate lot traceability at the Polymeric Tray producer's plant, the following is required: Rations National Contract 

((RNC) and Contractor Furnished Material CFM): 

1. Lots shall be shipped on a first produced (and accepted) first out basis. No product shall be older than 90 days at time of 

shipments, except when a product at the manufacturer's plant is pending disposition instructions and/or action (request for waiver, 

deviation, rework, re-inspection, etc) and/or as authorized by the Contracting Officer. 

 

2. Each shipping case shall contain only one manufacturer's lot. If a partial shipping case remains at the end of the production 

day, dunnage shall be used to fill the remainder of the case and the outside of the case shall be marked indicating the number of 

polymeric trays within. 

 
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3. Each unit load shall contain only one production lot. 

 

 

4. Lot numbers and corresponding lot quantities, including sub-codes delivered, shall be included on the shipping/receiving 

documentation, e.g. DD Form 250. 

USDA Execution of Invoices/DD-250s. The USDA inspector shall not sign the DD Form 250 prior to completion of the full incubation 

period for thermostabilized and thermohydrostabilized tray pack cans or polymeric trays. Additionally, the contractor shall not ship 

product which has not completed the full incubation period without the USDA (Meat and Poultry Inspection `regulations, Subpart G, 

Section 318.309), and the Contracting Officer approval. 

 

 

Meat and Poultry Inspection `regulations, Subpart G, Section 9 Code of Federal Regulations 318.309) below: 

 

 (a) Finished product inspections must be handled according to: 

(1) A HACCP plan for canned product that addresses hazards associated with microbiological contamination; 

(2) An FSIS-approved total quality control system; 

(3) Alternative documented procedures that will ensure that only safe and stable product is shipped in commerce; or 

(4) Paragraph (d) of this section. 

(b)-(c) [Reserved] 

(d) Procedures for handling finished product inspections where the HACCP plan for thermally processed/commercially sterile product 

does not address food safety hazards associated with microbial contamination, where there is no approved total quality control system, 

or where the establishment has no alternative documented procedures for handling process deviations. 

(1) Incubation of shelf stable canned product --(i) Incubator. The establishment shall provide incubation facilities which include an accurate 

temperature/time recording device, an indicating temperature device, a means for the circulation of the air inside the incubator to 

prevent temperature variations, and a means to prevent unauthorized entry into the facility. The Program is responsible for the security 

of the incubator. 

(ii) Incubation temperature. The incubation temperature shall be maintained at 95±5 °F (35±2.8 °C). If the incubation temperature falls 

below 90 °F (or 32 °C) or exceeds 100 °F (or 38 °C) but does not reach 103 °F (or 39.5 °C), the incubation temperature shall be adjusted 

within the required range and the incubation time extended for the time the sample containers were held at the deviant temperature. If 

the incubation temperature is at or above 103 °F (or 39.5 °C) for more than 2 hours, the incubation test(s) shall be terminated, the 

temperature lowered to within the required range, and new sample containers incubated for the required time. 

(iii) Product requiring incubation. Shelf stable product requiring incubation includes: 

(a) Low acid products as defined in §318.300(m); and 

(b) Acidified low acid products as defined in §318.300(b). 

(iv) Incubation samples. (a) From each load of product processed in a batch-type thermal processing system (still or agitation), the 

establishment shall select at least one container for incubation. 

(b) For continuous rotary retorts, hydrostatic retorts, or other continuous-type thermal processing systems, the establishment shall select 

at least one container per 1,000 for incubation. 

(c) Only normal-appearing containers shall be selected for incubation. 

(v) Incubation time. Canned product requiring incubation shall be incubated for not less than 10 days (240 hours) under the conditions 
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specified in paragraph (d)(1)(ii) of this section. 

(vi) Incubation checks and record maintenance. Designated establishment employees shall visually check all containers under incubation 

each working day and the inspector shall be notified when abnormal containers are detected. All abnormal containers should be allowed 

to cool before a final decision on their condition is made. For each incubation test the establishment shall record at least the product 

name, container size, container code, number of containers incubated, in and out dates, and incubation results. The establishment shall 

retain such records, along with copies of the temperature/time recording charts, in accordance with §318.307(e). 

(vii) Abnormal containers. The finding of abnormal containers (as defined in §318.300(a)) among incubation samples is cause to officially 

retain at least the code lot involved. 

(viii) Shipping. No product shall be shipped from the establishment before the end of the required incubation period except as provided 

in this paragraph or paragraph (b) or (c) of this section. An establishment wishing to ship product prior to the completion of the required 

incubation period shall submit a written proposal to the area supervisor. Such a proposal shall include provisions that will assure that 

shipped product will not reach the retail level of distribution before sample incubation is completed and that product can be returned 

promptly to the establishment should such action be deemed necessary by the incubation test results. Upon receipt of written approval 

from the area supervisor, product may be routinely shipped provided the establishment continues to comply with all requirements of 

this subpart. 

(2) Container condition --(i) Normal containers. Only normal-appearing containers shall be shipped from an establishment as determined 

by an appropriate sampling plan or other means acceptable to Program employees. 

(ii) Abnormal containers. When abnormal containers are detected by any means other than incubation, the establishment shall inform the 

inspector, and the affected code lot(s) shall not be shipped until the Program has determined that the product is safe and stable. Such a 

determination will take into account the cause and level of abnormals in the affected lot(s) as well as any product disposition actions 

either taken or proposed by the establishment. 

P. HIGHER LEVEL REQUIREMENTS 

 

1. Quality Assurance Requirements for Ration Component Production Plants 

 

a. Packaging and Packing Materials 

Packaging components (e.g., fiberboard shipping boxes, fiberboard sleeves, roll stock/lid material, polymeric trays, adhesive, tape, etc) 

are subject to the FAR Clause 52.246-15, CERTIFICATE OF 

CONFORMANCE (APR 1984). The Government QAR shall have the responsibility for verifying CoC's as necessary. Any inspections required 

by the specifications may be performed by the Government to assure compliance with the specifications. 

 

2. 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 Re-inspection of Nonconforming 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 Re-inspection 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: 

i. After finding the lot nonconforming for net weight, it is discovered that the scales used for the inspection were out of 

adjustment, or 

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

 

3. Quality Assurance Provisions for MIL-PRF-32004C Packaging of Food in Polymeric Trays 

The following procedures for sampling and inspection shall also be applied when an end-item's filled and sealed container examination 

is required to be performed in accordance with paragraph 4.2, “Examination of container”, of MIL-PRF-32004B. 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 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 Z1.4-2003, 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 Z1.4-2003 shall be used to switch from Tightened 

inspection to Normal inspection. There will be no “reduced” inspection option. The Government has the right to discontinue 

Government inspection as cited in ANSI/ASQC Z1.4-2003 or the MPC clause or both. 

 

a. 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). 

 

b. 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: 

 

1. Root cause of the deficiency. 

2. Action taken to correct the deficiency. 

3. Action taken to correct and prevent recurrence of root cause of deficiency. 

4. Corrective action effective date(s). 

5. 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 

 

c. The contractor will have a quality assurance program that supports continuous improvement in accordance with above 

paragraph and the particular requirements applicable to the polymeric tray items. 

 

d. 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. 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 Z1.4-2003) operating characteristic curves. Contracting 
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Officer approval must be obtained prior to skip lot and/or reduced inspection. 

 

f. End Item Testing. Compliance with applicable Performance-based Contract Requirements (PCR) or Commercial Item 

Description (CID) requirements will be determined by the contractor and by the GQAR on the finished product in accordance with the 

applicable provisions in the PCR, CID, solicitation, contract, and purchase order and their applicable Quality Assurance Provisions and 

Packaging Requirements. 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. 

 

 

 

 

 

4. Miscellaneous Technical Requirements for Polymeric Tray Items 

 

a. The procedures contained in the “Integrated Pest Management (IPM) Program Requirements for Operational Rations,” of 15 

November 2017 are required and apply to all Operational Rations components. Each contractor is to have an IPM program in place prior 

to the initiation of production of Government product. The IPM plan is required to be submitted to DLA Troop Support upon submittal of 

proposals. Associated pesticide labels and SDS documents are not required but are to be made available upon request by DLA Troop 

Support. The contractor shall have those documents available for on-site review during a Quality Systems Management Visit (QSMV) or 

Quality Systems Compliance Audit. In addition, evidence of an insect or rodent infestation, or contamination involving any end item will 

be cause for rejection of the involved lot. IPM program requirements can be found on the DLA Troop Support website at: https://www.

dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/TS_ipm-cpaf_171120.pdf

NOTE: Offeror must submit the most recent Pest Management Plan and all aspects of the IPM requirements must be covered in the 

provided PMP. 

 

b. Commercial sterility test applies to all thermoprocessed/retorted polymeric tray items. 

Incubate one filled, sealed and thermally processed polymeric tray from each retort cook at 

95 degrees Fahrenheit +/- 5 degrees for 10 days, unless otherwise specified by the inspection agency. Any evidence of swelling or 

microbial activity following incubation shall be considered a test failure. 

Note: For Fruits, Incubate at 80 degrees Fahrenheit +/- 5 degrees for 10 days. 

 

c. In addition to the requirements of any applicable COMMERCIAL ITEM DESCRIPTION (CID) or PERFORMANCE-BASED CONTRACT 

REQUIREMENT (PCR) for components cited herein, all requirements, including the Performance Requirements of the Quality Assurance 

Provisions and Packaging Requirements for the applicable CID or PCR, are applicable. 

 

d. For all items thermostablized by retorting, each filled and sealed polymeric tray shall be in the retort process within two hours 

after sealing. 

 

e. Additionally, the following applies to perishable raw and cooked beef, chicken, pork, turkey and other meats used in the 

production of end items intended for operational rations. All perishable meats shipped from the supplier to the processing plant shall be 

accompanied by either a USDA Grading Certificate (if required) or a Certificate of Conformance (CoC) indicating compliance to specified 

requirements, and initial chilling or freezing date of the product as applicable. The ingredient supplier shall certify compliance with 

processing and PACKAGING requirements for formed or breaded meats. 

Under no circumstances shall any meat or meat product be older than 180 days at time of use: 

 

1. Chilled meats: Meats received in the chilled state shall have not been previously frozen and shall have been held at 

an internal temperature of 28 to 40 degrees Fahrenheit for a period not to exceed 

4 days following initial chilling and prior to preparation and further processing. Upon arrival at the processing plant, if chilled 

product is not used within 72 hours, it shall be frozen and stored at a temperature not to exceed 0 degrees Fahrenheit. Frozen 

product must be used within 180 days after initial freezing. 

 
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2. Frozen meats: Frozen meats received at the processing plant may be accepted provided the product internal 

temperature has never exceeded 20 degrees Fahrenheit. Upon arrival at the processing plant, if not used immediately, the 

product shall be stored at a temperature not to exceed 0 degrees Fahrenheit, and product must be used within 180 days after 

initial freezing. 

 

f. For thermostablized fruits and other seasonal crop components: Acceptance will be limited to product processed and packed 

subsequent to date of award and from the latest season's crop. 

 

5. 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.

 

6. Operational Ration Component Lot Number and Lot Inspection 

The component lot number for thermostabilized (retorted) products packaged in polymeric trays 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 

non-thermostabilized products packaged in polymeric tray containers, 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 sub-samples 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). 

 

7. 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 May 1, 2020, are applicable to current and future contracts. The switching 

procedures cited in ANSI/ASQC 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 Government. 

 

The sampling plans switching procedures cited in ANSI/ASQC 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/ASQC 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 
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GQAR must be informed in advance of the specific switching procedure (normal, tightened, reduced) being utilized for each product 

qualified under the standard. 

 

8. Rework of Nonconforming Product Pre or Post Acceptance - Refer to Section “J” 

 

9. 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 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 QAR. Final evaluation of contractor's test results 

will be accomplished by DLA Troop Support-FTR, Subsistence Supplier Operations Directorate. 

 

b. The Government QAR 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 Government QAR 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 section 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 QAR 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: 

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

ii. For test characteristics. After six day's production or after the number of day's 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.

iii. 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. 

iv. 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 paragraphs 

above, 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. 
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e. 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. 

 

f. 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. 

 

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

Act and regulations promulgated there under. 

 

h. 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, 

subcontractor or contractor's freezer or warehouse. 

 

i. 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 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. 

 

j. 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 Government QAR will notify the contractor when his inspection system is considered unreliable and change 

inspection system status to unreliable. The Contracting Officer and/or 

Government QAR 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. 

 

k. 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 Government QAR 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. 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. 

 

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

performed by the Government. 

 

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

 

The Government QAR will notify the contractor in writing when the contractor's inspection system is determined to be 
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unreliable. A copy of this letter containing the reason(s) for such determination will be forwarded through the appropriate CQAE

(s) to the Procurement Contracting Officers (PCO). During the period of unreliability, the QAR will submit weekly reports of 

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

 

o. Inspection costs will be computed at the rate of $68.00 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.

p. Upon reestablishment of reliability the QAR 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. 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 QAR notification 

to the contractor. 

 

i. The Contracting Officer will notify the contractor in writing when the contractor's test system is determined to be 

unreliable. The Government QAR and DLA Troop Support-FTR will report applicable costs/charges related to Government 

sampling and testing to the Contracting Officer for collection. 

 

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

quarterly hour increment. 

 

iii. Laboratory testing costs will be assessed at the rate of $25.00 per hour. 

 

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

 

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

 

vi. Administrative costs. To the direct costs which are considered assessable, additional assessments will be added, 

based on the following charges to cover administrative costs which have been incurred by the Government in the review and 

assessment of actual costs. 

 

1. An administrative charge of $10.00 if actual charges do not exceed $25.00 per reliability determination. 

 

2. An administrative charge of $10.00 if actual charges exceed $25.00 but do not exceed $50.00 per reliability 

determination. 

 

3. An administrative charge of $15.00 if actual charges exceed $50.00 but do not exceed $75.00 per reliability 

determination. 

 

4. An administrative charge of $20.00 if actual charges exceed $75.00 per reliability determination. 

 

NOTE: The above administrative charges do not include the cost for processing a contract modification. 

 

5. 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 QAR as detailed above. 

 

10. Miscellaneous Requirements 

Compliance with the provisions contained in Title 21, Code of Federal Regulations Part 117 “Current Good Manufacturing 

Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food” and all regulations referenced herein, is required. In addition, 

the contractor is required to comply with all with the provisions contained within specific parts of the Code of Federal Regulations in 

Title 7, 9, and 21CFR. For example, low-acid canned food manufacturers, Part 113 and 117 are applicable. 

 

11. Entry into Plant: 
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The Contracting Officer or any Government personnel designated by him shall be permitted entry into the Contractor's and 

Subcontractor's plants at any time during the effective period of the contract. 

Except for inspection services, the Contracting Officer shall give prior notice of the purpose of the meeting and shall furnish dates of the 

visit. 

 

12. Place of Performance 

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

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

approved in advance by the Contracting Officer. 

 

 

Q. QUALITY ASSURANCE INSPECTION AND ACCEPTANCE AND QUALITY SYSTEM PLAN (QSP) REQUIREMENTS FOR 

POLYMERIC TRAY ITEMS 

1. The Quality Assurance Provisions of this solicitation and Quality Assurance Provisions and 

Packaging Requirements of component Prime Documents cited in this solicitation are required for contractor and USDA inspection. 

 

2. For all Operational Rations food components (MRE, MCW/LRP, Polymeric Tray Items, UGR, etc.), inspection shall be Contractor 

Paid USDA, AMS, SCI inspection in accordance with the 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 is specified in accordance with the below Alternative Inspection Requirements 

for Selected Items. When permitted by the applicable food component specification, a Certificate of Conformance (COC) for ingredients 

shall be provided in accordance with FAR Clause 52.246-15 Certificate of Conformance. 

GENERAL INSPECTION REQUIREMENTS 

(a) Inspection. 

(1) The Contractor shall employ the services of the U.S. Department of Agriculture (USDA), Grain Inspection, Packers and 

Stockyard Administration (GIPSA) or Agricultural Marketing Service (AMS) or U.S. Department of Commerce (USDC), National 

Marine Fisheries Service (NMFS) to accomplish origin inspection (examination and testing) and sampling as required herein and 

in the applicable commodity specifications. The Contractor shall bear all expenses incident thereto, including costs of samples 

and all associated costs for preparation and mailing. Costs shall be assessed in accordance with the Government laboratory 

testing charges for individual test characteristics and number of tests required by the specification or contract. A list of fees may 

be obtained from the appropriate inspection activity. The Contractor shall furnish the Government grader/inspector a copy of 

the complete contract and supporting contractual documents (i.e., individual solicitation, contract modifications, waivers, and 

referenced specifications). Offerors may contact the appropriate Government office to discuss inspection procedures prior to 

submitting offers; however, nothing provided thereby shall be construed to alter the applicable specification in any manner or 

to reduce the responsibility of Contractor to comply with such specifications. 

(2) The Contractor shall take action to correct or replace nonconforming supplies. 

(3) The Government will perform an inspection at destination for identity, condition and quantity. If there is evidence 

that the supplies do not conform with contract requirements, the inspector shall report the findings of his inspection to the 

appropriate DLA Troop Support office (Operational Rations Business Unit, Food Services Business Unit, Produce Business Unit, 

Food Safety Office, etc.). The applicable DLA Troop Support office shall report the findings to the Contracting Officer or the 

Ordering Officer, who shall in turn notify the Contractor. 

(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 
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designated Government inspection activity to complete the necessary inspection. The Government inspector will insure that the 

Contractor has had such gauges, instruments, scales, tools, or other material required to complete inspection properly 

calibrated and, if necessary, certified. When required by the contract/solicitation the Government inspector will collect insect 

specimens from plant production and storage areas and submit the specimens to the nearest military entomological laboratory 

for identification. When the collection of insects is required, the Contractor shall be responsible for supplying and installing 

specified insect monitoring devices required to accomplish this task. 

(b) Standby Test Samples. 

The Government reserves the right to withdraw and hold standby samples of components or finished products or both (the quantity of 

which shall be not more than twice that required by the specification) for inspection purposes. Samples not used will be returned to the 

Contractor. 

(c) USDA and USDC Certificates. 

(1) Inspection by USDA, AMS, Fruit and Vegetable Division, Poultry Division or Dairy Division: When DD Form 250, 

Material Inspection Receiving Report (MIRR), is not used, the Contractor shall obtain official USDA inspection certificate, which 

shall: 

(i) Contain the following statement in the grade section of the certificate: 

(A) Supplies listed hereon conform to all quality requirements of the contract. 

(B) Container condition meets all requirements of the contract. 

(C) Visual examination indicates conformance to packaging, packing, unitization, labeling and 

marking requirements of the contract. 

(ii) Indicate that supplies shipped are those inspected. This may be satisfied by means of one of the following: 

(A) Each primary container must be embossed, stamped or stenciled with a code mark prior to 

inspection, which corresponds with the code marks listed on the USDA grade certificate. 

(B) The USDA grade certificate bears a statement that all of the shipping containers comprising the 

inspection lot have been stamped with the official USDA stamp impression. 

(C) The USDA certificate of loading, if issued, bears a cross-reference to the applicable USDA 

inspection document. 

(iii) Indicate that the contractor has furnished a certificate of conformance for packaging, packing, labeling, 

marking and unitization materials. 

(iv) Indicate the random samples of packaging, packing, labeling, marking and unitization materials, where 

applicable, have been selected by the inspector. 

(v) Indicate the applicable contract or order number. 

(2) Inspection by USDA, AMS, Livestock, Meat, Grain and Seed Division: For all shipments, whether DD Form 250 (MIRR) 

is required or not, the Contractor shall obtain a USDA agricultural products acceptance certificate (Form LS 5-3), which shall 

contain the information specified in paragraph (c)(1). The Contractor shall also include the applicable lot number(s). 

(3) Inspection by USDA, GIPSA, Field Management Division: When DD Form 250 (MIRR) is not required, the Contractor 

shall obtain an official USDA inspection or examination certificate, as appropriate. In addition to the entries required by the 

GIPSA, the certificate shall contain the following certification: “Supplies listed hereon conform to all quality and condition 

requirements of the contract”. 

(d) Distribution of Certificates. Copying machine duplicates of USDC certificates and USDA certificates other than USDA Form LS 
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5-3 are not acceptable. Copying machine duplicates of USDA Form LS 5-3 are acceptable only as provided in paragraph (2) and 

(3) below. Copying machine duplicates of the original signed DD Form 250 are acceptable. In addition to the prohibited use of 

copying machine duplicates, USDC certificates must also be embossed with the official seal of the USDC. The contractor shall 

distribute certificates as follows: 

(1) When DD Form 250 (MIRR) signed by the inspector is provided, a copy of the USDA/USDC inspection certificate need 

not be furnished to the designated paying office. (Exception: When the contract or specification provides for acceptance of 

product with a price adjustment to the contractor'' invoice, e.g., excess fat in ground beef, the original signed USDA/USDC 

inspection certificate must be attached to the top of the commercial invoice which is submitted to the designated paying 

office.) 

(2) When DD Form 250 (MIRR) is not required, the original signed USDC inspection certificate or USDA inspection 

certificate other than USDA Form LS 5-3 must be attached to the top of the commercial invoice, which is submitted to the 

designated paying office. When the services of the USDA, AMS, Livestock, Meat, Grain and Seed Division are employed, the 

original signed USDA Form LS 5-3 or a copying machine duplicate of the original form LS 5-3 with an original signature must be 

attached to the top of the commercial invoice which is submitted to the designated paying office. 

(3) As appropriate for any shipment, one blue or green signed copy of the original USDA Fruit and Vegetable Division 

certificate; one green or yellow carbon copy of the original signed USDA, AMS Dairy Division or Poultry Division certificate; one 

copy of the original signed USDA, GIPSA or USDC certificate; one copy of the original signed USDA Form LS 5-3 or a copying 

machine duplicate of the original USDA Form LS 5-3 with an original signature shall accompany each shipment to each 

destination and be marked ATTN: Subsistence Inspector. 

(4) In the event the Contractor does not include appropriate certificate(s) with each shipment to each destination as 

required, the Government reserves the right to arrange for government grading/inspection and certification at destination at 

the Contractor's expense. 

(e) Lot Identification. The Contractor shall code or distinctively mark by embossing, stamping, printing or stenciling each 

shipping container for every lot of supplies offered for acceptance so as to identify the lot from any other lot produced by the 

Contractor. Under both in-process (on line) and stationary lot inspections, the maximum lot size, unless otherwise specified in 

the contract, shall be defined by the assigned inspection agency. 

 

(f) Particular Inspection Requirements. 

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

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

examination shall be performed in accordance with that specification. When additional requirements are specified in the 

specification, examination for these requirements shall be in accordance with the specification. 

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

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

ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS 

(a) Optional Contractor Testing of Contractor-Furnished Materials. 

To expedite shipment, the Contractor has the option to perform, or have performed by an independent laboratory, contractuallyrequired tests of end items or component material not specified by the U.S. Standards of Grade. The inspector for the Government 

agency having jurisdiction over ascertaining compliance may permit shipment, provided all other requirements of the contract are met. 

The designated Government inspector will select random samples of each lot of end items or component material for verification testing 

until the Contractor's testing system is determined reliable in accordance with paragraph (c) of this clause. It is the intent of the 

Government to rely on Contractor test results to the maximum extent practicable and minimize Government verification testing. 
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(b) Compliance of Product. 

Acceptance of material as complying with required characteristics shall be based on the Contractor's test results; provided that 

Government verification indicates the Contractor's testing system is reliable, in accordance with paragraph (c) of this clause, as to each of 

the required characteristics. If the Contractor's test system is determined to be unreliable, product compliance will be determined based 

solely on Government test results. In the event the Government detects any irregularities in the Contractor's testing system, the 

designated Government inspector may withhold approval until Government test results indicate products conform to contract 

requirements. (For Meal, Ready-to-Eat (MRE) items, if Government laboratory test results show that product is nonconforming, the 

product shall be withheld from final assembly and subject to return and replacement by the component Contractor, even if previously 

approved by the Government inspector.) 

(c) Reliability Conditions. 

(1) To be considered reliable, the Contractor's testing system shall produce results comparable to the Government test results; 

unless the Government agency having jurisdiction has inspected the item produced at the Contractor's plant within the previous 120 

days. Unless otherwise specified in this contract, the Government inspector will select samples randomly from the first three lots of end 

items presented for inspection and will conduct verification testing on a skip-lot basis. Skip-lot verification is done by random selection 

of samples from not less than one lot in six consecutive lots presented for inspection. The sampling procedure under skip-lot places the 

succeeding lots not chosen for inspection back into the universe available for subsequent inspection. (For instance, starting with a group 

of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next samples will be selected from lots 5, 6, 7, 8, 9, 

or 10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 13, or 14; and so on.) 

(2) Contractor's testing system shall be considered unreliable when (i) the Government verification results indicate product 

nonconformance to contract requirements; and (ii) a significant disparity exists between Government laboratory results and Contractor 

test results. When a Contractor's testing system is determined to be unreliable, compliance testing will revert to the Government, and all 

items shall be inspected by the Government prior to shipment. 

(3) Contractor's testing system will be considered doubtful when (i) a significant disparity exists between Government 

laboratory results and Contractor test results; (ii) the Government test results indicate significantly poorer quality than the Contractor's; 

and (iii) the Government laboratory test results do not indicate product nonconformance to a statistically significant degree. When the 

Contractor's testing system is considered doubtful, verification testing will be performed on each lot produced; however, the 

Government will continue to permit the Contractor to ship based on its own test results. 

(4) Contractor testing system reliability will be determined by applying recognized statistical tests to the Contractor's and 

Government's test results. These determinations shall be accomplished by the DLA Troop Support, Directorate of Subsistence, Food 

Safety Office, (DLA-TS) FTSC, 700 Robbins Avenue, Philadelphia, PA 19111-5092. 

(5) The Contracting Officer will notify the Contractor of any change in reliability status. Notification will include details of the 

statistical determinations and test results used in reliability studies. Telephonic notification and copies of these determinations will be 

provided to the Government by DLATS-FTSC. 

(d) Procedures. 

When the Contractor elects to perform testing, the following shall apply: 

(1) Reporting of Contractor's Results. Test reports for each lot of end item and components shall be submitted in the format 

contained in this clause by the Contractor in an original and one copy to the designated Government inspector. The inspector will 

forward one completed copy to DLATS-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 to DLATS-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. 
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When any element of the Contractor testing system is determined unreliable, the Government may consider the testing system as a 

whole unreliable and return to full lot-by-lot verification for every test. Testing by the Government will continue until such time as the 

Contractor's reliability is again established. 

(3) Standby Test Samples. The Government reserves the right to withdraw and hold standby test samples of component or 

finished product or both (the quantity of which shall be the next larger available sample size required for unit testing and the same 

sample size required for composite testing) for inspection purposes. Unused samples will be returned to the Contractor. 

(e) Charges Applicable to Unreliable Test Status. 

The prime Contractor shall be charged the costs of lot-by-lot inspection during the period that its testing system is considered unreliable. 

These charges will be processed and approved by the Contracting Officer. 

(f) Format for Contractor/Subcontractor Test Report. 

Name & Address of Contractor: 

Name & 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. 
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Certification 

I certify that the item presented for acceptance under terms of above referenced contract has been tested, as required by the contract, 

through the testing of samples that were representative of the lot, and to the best of my knowledge and belief, were found to comply 

with the analytical requirements of the specification and the contract. 

Signature: ___________________________________________________________________ 

(typed name and title of Contractor's representative who is authorized to sign the certificate, and the date) 

Distribution: 

(Original and one (1) copy to Government inspector, who will forward one (1) copy to DLATS-FTSC; and hard copy with each shipment, 

when DD Form 250 (MIRR) reports are not provided.) 

 

3. FAR Clauses 52.246-2, Inspection of Supplies - Fixed Price and 52.246-11, Higher Level Contract Quality Requirement, are 

applicable to properly enforce the Higher Level Contract Quality requirements. 

 

4. This solicitation and the resultant contract (s) shall be subject to in-plant/in-process inspection and lot inspection at Origin. 

Origin inspection shall be contractor paid United States Department of Agriculture, Agricultural Marketing Service, Specialty Crops 

Program, Specialty Crops Inspection Division (USDA, AMS) inspection in accordance with Provision 9023, General Inspection 

Requirements, unless otherwise specified by this solicitation/contract. This includes, but is not limited to, in-plant/in-process records 

review and recording of daily observations such as the batching, cooking, processing, and packaging operations taking place and 

other critical food safety related issues such as sanitation. When USDA, AMS is designated cognizance for the support of the 

Government's quality assurance requirements, the responsibilities and authorities cited in the regulations, policies, etc. of the 

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

 

5. In addition to any inspection requirements cited in contract and/or prime documents, for entrees, starches and soups, and 

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

Packaging Requirements for MIL-PRF-32004C, Packaging of Food in Polymeric Trays, and the Quality Assurance Provisions contained in 

this solicitation. 

 

6. Higher Level Quality Requirements - Documented Quality Systems Plan (QSP) 

The contractor shall model the documented QSP after ISO/ANSI/ASQC Q9001, a system that meets other recognized industry quality 

standards, or a process control system that is equivalent to or better than ISO/ANSI/ASQC Q9001. 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, third party certification by any third parties, 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
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(In accordance with ANSI/NCSL Z540-1 or ISO 10012-1) 

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 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 Controls Techniques (DLAR MPC Clause) 

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 (In accordance with product/material

specifications/documents and ANSI/ASQC Z1.4) 

XI. INTERNAL AUDITS

XII. CORRECTIVE AND PREVENTIVE ACTION PROGRAM

XIII. IMPROVEMENT

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/ASQC 

Q9001, 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. 

 

Although Government inspection personnel (USDA-AMS) 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 https://www.dla.mil/Portals/104/Documents/TroopSupport/

Subsistence/FoodSafety/FoodQuality/TS_qsp_151204.pdf 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, process control which, when used effectively, can result in a preventionoriented 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). Manufacturing Process Controls and In-Process Inspection 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 Clause 
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or the SPC QAP) need only be addressed once in the QSP. The calibration of measuring and testing equipment shall, as a minimum, 

adhere to the requirements of ANSI/NCSL Z540- 1 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 Polymeric Tray items. 

 

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. 

 

R. MANUFACTURING PROCESS CONTROLS AND IN-PROCESS INSPECTIONS 

The Contractor shall: 

1. 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. 

2. 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. 

a. 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. 

b. 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. 

c. Prompt corrective action shall be taken when noncompliance or out of control conditions occur. 

3. Clearly identify each in-process inspection and process control point at appropriate locations in the manufacturing operation. 

4. Prepare clear, complete, and current written procedures for: 

a. 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. 

b. 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. 

5. 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. 

AFTER CONTRACT AWARD ONE COPY OF THE CONTRACT AWARD SHALL BE MAILED BY THE AWARDEE 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: 

a. Chief, Contract Services Branch 

USDA/AMS, FV, SCI Division (202-720-5021) 
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1400 INDEPENDENCE AVE. SW 

STOP 0247, ROOM 0726, SOUTH BLDG. 

WASHINGTON, DC 20250-0247 

 

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

USDA-Contract Services Branch for the applicable area office address (San Antonio, TX; College Park, GA; North Brunswick, NJ; South 

Bend, IN; Richmond, VA; 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.

Aforementioned Government inspection personnel and In-Plant Government QARs shall fax, e-mail, or mail (via priority mail) their 

evaluations and comments to 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 noncompliances 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 personnel E-mail addresses or mailed to the following 

address (the preferred and most expeditious method is via Email or fax):

 

DLA TROOP SUPPORT 

ATTN: DLA TROOP SUPPORT-FTSB (Quality Systems Audit Team) 

700 ROBBINS AVENUE, Bldg. 6 

SUBSISTENCE DIRECTORATE 

PHILADELPHIA, PA 19111-5092 

 

During the Acquisition Phase: During the acquisition phase (prior to contract award), the documented

QSP will only be considered acceptable or unacceptable. If a plan as presented is determined to be unacceptable for production (which 

would occur if it does not address the aforementioned minimum elements and include documents/procedures indicated in Workbook I 

as applicable, or if it is determined that the plan as presented will result in an increase in the consumer's risk, production of 

nonconforming products or does not meet specification requirements/acquisition needs), the Contracting Officer, at his/her discretion, 

may provide the contractor with DLA Troop Support-FTSB's QSP evaluation comments as to cause(s) of why the plan was considered 

unacceptable for production and with the opportunity to resubmit a revised QSP. If a contractor has previously submitted a QSP and 

the rating was acceptable, the contractor may reference this QSP by date and only changes (if deemed necessary) need to be 

submitted at time of bid submittal for this or for future contracts. NOTE: If a contractor/subcontractor is producing under a 

current contract requiring a QSP and the QSP is still rated UNACCEPTABLE, the Contracting Officer reserves the right not to 

consider the prospective contractor/subcontractor for award of an item that requires a QSP.

 

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

(Technical Data Package)/ 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 InPlant GQAR and a copy faxed, E-mailed, or mailed to DLA Troop Support-FTSB and each applicable office for their review. The GQAR's inplant 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 continuous 

improvements are highly encouraged. 

 

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

Product Protection 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. 

 
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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. 

 

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/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). 

 

 

 

The procedures of how a contractor intends to comply with the requirements of the MPC Clause 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 (Technical 

Data Package), the contractor's should cross-reference each applicable section of their QSP. 

 

The following Statistical Process Control Quality Assurance Provision (SPC QAP) applies to this contract: QUALITY ASSURANCE 

PROVISIONS Statistical Process Controls DLA Troop Support-H-94-001 

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 Clause 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

(Technical Data Package), the contractor's QSP should cross-reference each applicable section/element of their QSP. 

 

S. GENERAL REQUIREMENTS: 

1. 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 Statistical Process Control ( SPC) 

techniques or Manufacturing Process Controls ( MPC) techniques. 

2. Minimum criteria are established in the American Society of Quality Control (ASQC) 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. 

3. 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. 

4. 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. 

5. Exclusion of documented QSP submission: If a contractor has previously submitted a QSP and the rating was acceptable, the 

contractor may reference their QSP by date and only changes (if deemed necessary) need to be submitted at time of bid submittal for 

this or for future contracts. 

a. Offerors who consider themselves eligible for exclusion of the documented QSP at bid submittal, based on 

satisfactory utilization of a previously approved QSP for identical or similar supplies, are to submit a written Request For 

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 
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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. 

b. 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. 

 

T. SPECIFIC REQUIREMENTS: 

1. The offeror shall identify the characteristics to be controlled using Statistical Process Control 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.

 

a. For Thermostabilized or Hot Filled Items: (1) Polymeric tray integrity (absence of tears, cuts, holes, delamination, 

abrasions, leakage, and non-fusion bonded seals, etc.) and (2) 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. 

 

b. For Water Activity Stabilized Items: (1) Polymeric tray integrity (absence of tears, cuts, holes, delamination, 

abrasions, leakage, and non-fusion bonded seals, etc.) and (2) All water activity stabilized 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. 

 

2. 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. 

 

3. 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. 

 

4. 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 In-Process 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. 
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5. 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. 

 

6. SPC Training: Information must be covered in the Training Section of the QSP or other applicable section of the contractor's 

QSP. 

 

7. 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. 

 

8. Manufacturing Controls: 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 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). 

9. 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): 

 

a. 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). 

 

b. SPC Auditing and Review Procedures: This information must be covered under the 

Internal Audit Section or other applicable section of the contractor's QSP. 

 

 c. 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. 

 

10. 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. 

 

11. 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. 

 
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Part 12 Provisions

PROVISIONS ADDED TO PART 12 BY ADDENDUM

SOLICITATION INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 

 

Note: 52.212-1, Instructions to Offerors --Commercial Items (JUN 2020) is incorporated in this solicitation by reference. Its full text 

may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of 

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

 

Addendum to 52.212-1: 

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

Paragraph (b), Submission of Offers, is amended as follows:

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

hand carried, or faxed (when authorized). Electronic/Email submitted offers are required for this Solicitation. 

(2) Faxed offers are NOT authorized for this solicitation. 

(3) SUBMISSION REQUIREMENTS: 

 

DLA Troop Support is utilizing Lowest Price Technically Acceptable procedures to award to the responsible offeror(s), whose offer 

conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Failure to 

provide any information requested may cause an offeror's proposal to be determined technically unnacceptale and eliminated from 

further consideration for award. 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. 

 

b) Options. There are no option periods under this contract. There are 5, (1) year tier periods for this solicitation. 

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

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

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

written notice of withdrawal is received before award. 

NOTE: SEE PAGES 6 AND 7 FOR COMPLETE INSTRUCTIONS FOR SUBMITTING OFFERS. E-MAIL (ELECTRONIC) OFFERS ARE THE 

ONLY ACCEPTABLE FORM OF TRANSMISSION, FOR SUBMISSION OF PROPOSALS EXCEPT FOR THE PRODUCT 

DEMONSTRATION MODELS. E-MAIL OFFERS SHOULD BE SENT TO THE CONTRACT SPECIALIST, DEBRA GOFFMAN (DEBRA.

GOFFMAN@DLA.MIL) AND THE CONTRACTING OFFICER, NOREEN KILLIAN NOREEN.KILLIAN@DLA.MIL). 

 

(d) If an offeror does not understand these instructions, then that offeror should write/e-mail the Contracting Officer for clarification 

sufficiently in advance of the deadline for the receipt of offers to get an answer in time to meet that deadline. The Government will 

publish the questions asked and the answers given and distribute them to all other offerors under this solicitation. 

 

 The Government reserves the right to verify any information presented in the Non-Price and Price Proposal. Site visits 

to assess the accuracy of the information provided in an offeror's proposal may be conducted during the evaluation 

process. 

 

Paragraph (c), Period for Acceptance of Offers, is revised as follows:

 Period of acceptance is _180_ days. 

 

Paragraph (e), Multiple Offers, is revised as follows:
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 Alternative commercial items may not be considered for award on this instant 

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

 

Paragraph (i), Availability of Requirements Documents Cited in the Solicitation, is revised as follows:

Contact: Ramona Hemphill or Shannon Dempsey, Food Technologists for the applicable specifications described in the 

solicitation at: 

e-mail: Shannon.Dempsey@dla.mil or Ramona.Hemphill@dla.mil 

 NEGOTIATIONS 

 

For the subject acquisition, the Government reserves the right to conduct negotiations. Initial responses to negotiations shall be in a 

form of communication customary in the industry for transmitting information to include phone, facsimile transmission, letter, in-person 

and e-mail. However, any information provided during negotiations, to include all changes to the initial offer, must be reduced to writing 

and transmitted to the DLA Troop Support Business Opportunities Office by the time and date specified at the time of Final Proposal 

Revisions. Information not submitted to the DLA Troop Support Business Opportunities Office by the specified date and time will not be 

considered by the Government during final evaluations. 

Your proposal must be prepared and submitted in separate parts as follows: 

 

Part Title # of copies 

1 Completed Solicitation 1 

2 Technical Proposal 3 

3 Business Proposal (Prices) 3 

4 Additional Submission Requirements 3 

 

 

1.COMPLETED SOLICITATION 

 

 Offerors must complete all fill ins and submit the competed solicitation with their offer. 

 

2..TECHNICAL PROPOSALS 

 

A. Offerors must submit Product Demonstration Models (PDMs) for each item offered upon. A total of 28 PDMs of each item 

offered upon must be submitted as stated below: 

 

**PLEASE NOTE: NO PDMs SHALL BE SENT TO DLATS 

 

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

U.S. ARMY COMBAT CAPABILITIES 
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DEVELOPMENT COMMAND-SOLDIER CENTER 

NATICK SOLDIER SYSTEMS CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760-5056 

Lab # 508-206-3315 

Jill.M.Bates@us.army.mil 

 

Contractor submissions to Natick and such PDMs must be clearly labeled for which offeror they are being 

submitted. This documentation must also be part of their proposal. PDMs will not be evaluated until written notification from the offeror 

is received. This consideration does not relieve the offeror of the full responsibility for submitting all PDMs in a timely manner. Late 

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

 

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

supply name and address, and item lot number. Note: Offerors may submit PDMs to Natick for evaluation any time after 

solicitation issuance. 

 

2. A total of 16 PDMs shall be sent to:

 

The cognizant in-plant USDA Government inspector. In this instance, the offeror shall advise the Government 

inspector after production of the PDMs and shall obtain a signed statement from the inspector confirming 

possession of the samples and identifying the samples as from the same production lot as those submitted to 

Natick. The offeror shall submit this statement(s) to DLA Troop Support. 

 

 

Note: Late submissions of PDMs may be a basis for rejection of the entire proposal. 

 

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

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

be certified by the USDA (i.e., testing of official USDA samples by a USDA/AMS laboratory) for current, 

Government suppliers of these items or self-certified by offerors who are not currently Government suppliers 

of these items. Failure to submit the required certified analytical results with PDMs may result in the proposal 

not being considered for award due to technical unacceptability. The offeror should include applicable 

documentation to establish that the product has been processed to meet commercial sterility requirements, e.

g. incubation sample results. 

 

 

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

information:

Product Demonstration Model Sample 

Solicitation Number 

Product Identity 

Lot # 

Company Name and Address 

Point of Contact Name and Phone Number 

 

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

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

Replacement PDM, USDA certification, any test results available, or any other information to assist in 

identifying the product and conducting the evaluation. 

 

Offerors may direct proposed subcontractors to submit PDM samples directly to Natick on their behalf. In those instances, the 

offeror will send written notification of such Product Demonstration Model (PDM) to the Contracting Officer: Offerors are required to 

submit Product Demonstration Models (PDMs) for each item offered upon as part of their proposals. The PDMs must be received no later 
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than the time set for closing of offers. Offers will be evaluated to determine compliance with all characteristics listed for evaluation 

under FAR 52.212-2 as provided later in this solicitation. Failure to furnish PDMs by the time specified in the solicitation may be cause for 

rejection of the proposal. An offer may be rejected, as appropriate, under the late offer clause, for technical unacceptability, or because 

additional submissions will be tantamount to submission of new or alternate offers. A cover letter may accompany the offer to set forth 

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

 

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

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

submit PDMs may result in rejection of an offer. 

 

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

are cautioned that samples produced in test facilities may not be comparable to the product produced on a production line, 

which may result in rejection of the product. Also major changes in production methodology or packaging, such as 

implementation of new technology, may result in production that does not meet the production standard, which would 

require the submission and evaluation of new PDMs. Should the contractor at any time plan to, or actually produce the 

product using different raw material or process methodologies from the approved Product Standard, which results in a 

product non-comparable to the Product Standard, the contractor shall arrange for a Replacement PDM approval. In any 

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

3.BUSINESS/PRICE PROPOSAL 

 

Pricing must be submitted for all five tiers for each item offered upon. Failure to offer pricing on all five tiers on a given item 

may result in non-acceptance of the tier(s), which could result in rejection of the offer for that item(s), Offerors are not 

required to offer on all line items. Only one price per line item, per tier will be accepted. Prices must be rounded to the 

nearest, second decimal point. A Qualification stating an offeror will only accept an award for all items offered upon will not 

be accepted. Offerors are required to submit their total unit prices and unit prices w/EPA on the two spreadsheet fill ins 

contained in this solicitation. 

 

4.ADDITIONAL SUBMISSION REQUREMENTS 

 

a.FOOD DEFENSE PLAN: In accordance with the Food Defense Plan requirements identified in this solicitation, the offeror must 

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 Foot Security Checklist. This plan must be submitted with the offeror's initial offer. 

 

b.INTEGRATED PEST PROGRAM: In accordance with the Integrated Pest Management Plan requirements identified in this 

solicitation, the offeror must submit this plan with its initial offer. Miscellaneous Technical Requirements for Polymeric Tray Items 

NOTE: Offeror must submit the most recent Pest Management Plan and all aspects of the IPM requirements must be covered in 

their provided PMP. 

 

c.QUALITY SYSTEM PLAN: In accordance with the Quality System Plan requirements identified in this solicitation, the offeror 

must submit this plan with its initial offer. 

 

d.SMALL BUSINESS SUBCONTRACTING PLAN(Applicable to Large Businesses Only): In accordance with the Small Business 

Subcontracting Plan identified in this solicitation, the offeror must be submitted with its initial offer. 

 

5.SURGE AND SUSTAINMENT PLAN: Offeror's must submit Surge and Sustainment Plan in accordance with the below requirements: 

 

 L18 Surge and Sustainment (S&S) Requirements - Instructions to Offerors (FEB 2017) 

(1) Each offeror must describe in its proposal its ability to meet the S&S accelerated delivery specified for items critical to support the 

Department of Defense in conducting contingency operations. The S&S quantity and delivery requirements are in addition to 

peacetime quantities. S&S requirements may be met through access to production capability as well as contractor-owned or 

contractor-managed inventory or safety stocks. 
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(2)Each offeror must include in its basic proposal a brief description of how it will ramp up to meet accelerated delivery and increased 

quantities (i.e., surge) and sustain an increased production and delivery pace throughout the contingency (i.e., sustainment). 

Additionally, each offeror must provide a separate capability assessment plan (CAP) to document its detailed technical approach for 

covering S&S requirements. 

(3) If the CAP recommends some type of Government investment, offerors must include their plan for refreshing or replacing S&S 

material consumed to ensure a continued surge capability. The CAP must include an exit strategy that describes the transition and 

ramp-down of S&S assets and any remaining Government investment not consumed before contract expiration. 

(4) Offerors must provide pricing within the CAP spreadsheet contained in this solicitation for S&S requirements based on the schedule 

for delivering items in the offeror's CAP. When S&S pricing exceeds peacetime pricing, the offeror's proposal must include sufficient 

description to explain the rationale for the additional costs associated and provide a breakdown of costs to substantiate the pricing. 

This paragraph (4) does not apply to DLA Troop Support Subsistence. 

 

L21 Surge and Sustainment (S&S) - Capability Assessment Plan (CAP) - DLA Troop Support - Subsistence (FEB 2017)

Offerors must submit the CAP for items identified with surge requirements in Section C of the solicitation.

The CAP must --

(1) Outline the offeror's method of addressing the S&S requirements, whether defined as a percentage of annual demands or by 

individual line items. If the S&S quantity or delivery requirements cannot be met, the offeror must identify the shortfall and provide the 

best value solutions to include a proposed strategy to offset the shortfall.

(2) Describe how the offeror will reduce peacetime production lead times by 50% to meet S&S requirements.

(3) Provide letters of commitment or other agreements from suppliers and service providers (e.g., additional equipment or warehouse 

space) confirming they can meet S&S requirements.

(4) Provide a plan to continue operations from an alternate facility in the event the primary facility is damaged or otherwise unable to 

operate at full capacity.

(5) Identify competing priorities for the same resources, and ensure that meeting surge delivery requirements is independent of any 

other contracts or production requirements.

(6) Identify the lead time for providing required S&S capability.

(7) If applicable, include an exit strategy describing how to transition and ramp-down S&S assets and any Government investment.

 

 

Offerors shall provide a detailed approach for covering S&S requirements in the Capability Assessment Plan and, if required, 

a validation/test Plan. 

(a) Capability Assessment Plan (CAP). 

(1) Offerors shall submit a CAP that describes the method and capability to meet the surge requirements identified in the 

solicitation. The CAP must also include the supplier's investment plan, stock rotation plan, and all other information in 

Section 52.212-1 of the solicitation. 

(2) Offeror must complete and print the CAP summary for submittal as part of the proposal or the offer. Additionally, any 

attachments cited in the CAP must be submitted as part of the offer. 

Capability Assessment Plan (CAP) - The offeror must submit a CAP indicating how surge will be supported. The vendor must 

address the amount of increased demands that can be handled for surge and identify the length of time the contractor would 

require to ramp up. The vendor must indicate the length of time this increased pace can be sustained. The CAP should 

describe and/or include all aspects of their supply chain management. For example, if normal resupply is 30-45 days, the 

offeror should state how this time would be decreased by 50% to meet ongoing surge requirements. The offeror must submit 

evidence, to include letters and other documentation, of the following capability: (1) agreements with suppliers and service 

providers to assist in meeting increased surge requirements (2) evidence of ability to utilize additional suppliers or 

subcontractors, as needed (3) ability to access additional warehouse and distribution facilities, if necessary, to include labor 

and transportation (delivery vehicles), (4) description of logistical technology with regard to asset visibility, (5) evidence of past 

performance related to any type of surge event which necessitated accelerated production and deliveries.

 

The CAP submission should also include a plan of action if the vendor facility is damaged or otherwise not able to conduct 

normal operations. The response should include but is not limited to: 

 

A. How quickly a secondary operations site is up and running and ready for re-routed shipments including adding 

personnel and delivery vehicles when necessary? 
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B. What is the estimated time needed to set up operations at the secondary site for office space, personnel, security, 

storage and inventory? 

 

Backup communications plan to alert vendor and DLA Troop Support personnel of the activation of this Emergency Operations 

Plan. This communications plan should also address how shipments enroute to the facility will be re-routed to the secondary 

facility. 

 

The Government reserves the right to test the surge capabilities of the vendor at any time. This may include but is not limited 

to supplying a spreadsheet of on-hand and due-in inventory to the contracting officer. This information will be used to test the 

effectiveness of surge support against a sample surge requirement. 

 

The offeror is required to submit maximum capability for item requirements in the below table. 

 

SUBMIT IN THE BELOW FILL IN. 

By submission of offer, Offeror agrees to accelerate deliveries up to the quantities entered in the table below. 

 

CAP: 

0-45 days: ________ 

46-75 days: _______ 

76-105 days: ______ 

106-135 days: _____ 

136-165 days: _____ 

166-195 days: _____

196-225 days: ________________ 

Total days: ___________________

 

 

M07 Surge and Sustainment (S&S) Evaluation (FEB 2017) 

(1) Capability Assessment Plan (CAP) Evaluation: The CAP will be reviewed and assessed for responsiveness, completeness, and 

technical merit. The CAP must demonstrate (i) the offeror's ability to provide the full S&S quantity and meet the delivery 

requirements as specified in the solicitation; (ii) the technical merits of the proposed solutions to any identified shortfalls in S&S 

quantity and/or delivery requirements; and (iii) the ability to achieve the solutions without Government investment. If the CAP 

includes Government investment, the evaluation includes plans to refresh or replace S&S material and related exit strategy to 

ensure the Government's continued surge capability. 

(2) S&S Past Performance History: The quality and extent of the offeror's historical surge support performance will be considered 

as part of the overall past performance evaluation. In the absence of or in addition to historical S&S capability support, the 

contracting officer may consider other relevant performance history that demonstrates the offeror's ability to respond to and 

sustain higher than normal production rates or faster than normal delivery requirements, or both. 

(3) The contracting officer will include the S&S price in the overall price evaluation. 

 

 

6. PRODUCTION CAPABILITY PLAN: Offeror's must submit Production Capability Plan in accordance with below:

The offeror's proposal must demonstrate it understands the Statement of Work and contract requirements, and that it has the facilities, 

equipment, manpower and technical expertise to successfully produce and deliver the required products and quantities within the 

required order lead-times. Such information should include, at a minimum, the following: a list of equipment to be used; complete 

illustration or description of the facilities; and the production process. 

Production Milestones - Offerors shall provide complete production milestones. At a minimum, milestones shall begin on the estimated 

date of award and order and finish with the first delivery. Orders for equipment, required facility improvements, etc., shall be listed, to 

include dates of lease/purchase, delivery, installation completion, pre-production work and ready to use.
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In accordance with clause 52.216-19, Order Limitations, deliveries shall be required within 90 days from date of issuance of the delivery 

order. The Government reserves the right to make any part of the proposal a contractual requirement at time of award. 

 

 

 

 

 

Note: 52.212-2, Evaluation-Commercial Items (OCT 2014) is incorporated in this solicitation by reference. Its full text may be 

accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions 

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

 

Addendum to 52.212-2: 

The following paragraphs of 52.212-2 are amended as indicated below: 

Paragraph (a) and (b) are amended as follows: 

 

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. Each evaluation factor will be evaluated separately and then an integrated assessment of 

the offer will be made by the Contracting Officer. 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 or final proposals, written and/or oral discussions will be conducted with all 

offerors in the competitive range. Revised and/or final proposal revision resulting from discussions will undergo further similar 

evaluations. Finally, one or more proposals will be selected for award by the SSA, as described in paragraph (B) below. 

 

B. Evaluation Process: 

 

The Government will use Lowest Price Technically Acceptable source selection procedures to award in evaluating proposals. The 

Government will make an award for each line item to the responsible offeror whose proposal offers the lowest price and is rated as 

technically acceptable for that line item. An offeror's proposal on any line item must be considered technically acceptable to be 

considered for award for that line item. To be considered technically acceptable on any line item, the offeror must submit an acceptable 

PDM for any line item for which they intend to submit an offer. See paragraph 1, below, for evaluation of PDMs. The final technical and 

business evaluation reports will be furnished to the Contracting Officer. When offers are determined to be technically acceptable for 

non-price factors the price evaluation will be conducted, and award will be made based on the overall lowest price to the Government 

on a per-line-item basis. 

1.Evaluation of Product Demonstration Models (PDMs) 

 

The U.S. Army, Combat Capabilities Command - Soldier Center (Natick) will evaluate Initial PDMs for compliance with product 

specifications and 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), will represent distinct sensory characteristic categories and will be evaluated by 

category by panelist. Each panelist will 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 will be determined. 

 

Natick will assign an overall quality scale score to each Initial PDM that it evaluates. The overall score will 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 will 

indicate an acceptable rating and an overall quality score of 1.00 through 5.99 will indicate an unacceptable rating. PDMs must be 

rated as “Acceptable” to be eligible for award. 

 

In the event the Government conducts negotiations, an offeror that receives an “Unacceptable” rating on an initial PDM will be 
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given the opportunity to submit a Revised PDM. Revised PDMs that are submitted for a final evaluation will be evaluated using 

the same criteria discussed above. Offerors are advised that if they have any unacceptable Revised PDMs after the final 

evaluation, the proposal for that respective line item will be found technically unacceptable and the offer will not be considered 

for award for that line item. 

 

Offerors are required to submit PDMs for each line item on which they intend to offer. 

 

2.Evaluation of Business (Price) Proposal 

 

1. Award(s) will be based on the technically acceptable offer with the lowest, total price to the Government under a “per-lineitem” evaluation approach. The Government will determine the lowest, total price per line item by multiplying the 

estimated quantity for this acquisition by the unit price offered for each tier. Then, the estimated prices for the five tiers 

will be added together to calculate the total price per line item. The offerors' total price per line item will be compared to 

determine the lowest, total price per line item. The award(s) will be based on the lowest, total price to the Government 

per-line-item. 

 

2. The Government will be utilizing Price evaluation preferences for HUBzone Small Business concerns in accordance with FAR 

19.1307.

NOTE: Estimated yearly quantities are being used for evaluation purposes only, and does not obligate the Government to order 

up to the estimated yearly quantities. 

 

3.Additional Submission Requirements 

 

Additional submission requirements such as the Food Defense Plan, Integrated Pest Management Plan, Quality Systems Plan, Surge and 

Sustainment Plan, Production Capability Plan and a Small Business/Subcontracting Plan (applicable to large businesses only) are not part 

of the technical analysis but will be reviewed for acceptability as part of the contractor's responsibility. They will not be evaluated to 

determine an award decision. These plans must be separate documents from the completed solicitation and pricing/EPA table 

contained within the solicitation. A cover letter may accompany the proposal to set forth any information an offeror wishes to bring to 

the attention of the Government. Offerors are required to submit one original proposal, including all documents listed above, plus two 

(2) complete hard copies; a total of three (3) complete copies plus one electronic copy of the completed solicitation and the entire offer 

to Debra.goffman@dla.mil and Noreen.killian@dla.mil 

 

The successful awardee(s) will be required to maintain an acceptable Food Defense Plan, Integrated Pest Management Plan, QSP, 

Production Capability Plan and Surge and Sustainment Plan throughout the life of the contract. The awardee(s) must have a Food 

Defense Plan, Integrated Pest Management Plan, QSP, Production Capability Plan and Surge and Sustainment Plan approved by the 

contracting officer prior to contract award. 

 

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

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

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

written notice of withdrawal is received before award. 

 

 

52.215-6 Place of Performance (Oct 1997) - FAR 

 

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, __ intends, __ does not intend 

[check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent 

as indicated in this proposal or response to request for information. 
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(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required 

information: 

 

Place of Performance 

(Street Address, City, State, County, ZIP Code) Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or 

Respondent 

________________________________________ _______________________________________________

________________________________________ _______________________________________________ 

________________________________________ _______________________________________________ 

________________________________________ _______________________________________________ 

 

L06 Agency Protests (DEC 2016) 

Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of 

the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not 

available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a 

clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be 

protests to the contracting officer. 

 

 

L09 Reverse Auction (OCT 2016) 

The Contracting Officer may utilize reverse auctioning to conduct price discussions. If the Contracting Officer does not conduct a 

reverse auction, award may be made on initial offers or following discussions. If the Contracting Officer decides to use line reverse 

auctioning to conduct price negotiations, the Contracting Officer will notify Offerors of this decision and the following applies: 

(1) The contracting officer may use reverse auction as the pricing technique during discussions to receive the final offered prices from 

each offeror. 

(2) During each round of reverse auction, the system displays the lowest offer price(s) unless the auction instructions are different. All 

offerors and authorized auction users see the displayed lowest price(s). This disclosure is anonymous and a generic identifier displays 

for the offeror. Generic identifiers include designators such as “offer A” or “lowest-priced offeror.” By submitting a proposal in response 

to the solicitation, offerors agree to participate in the reverse auction and that their prices may be disclosed, including to other 

offerors, during the reverse auction. 

(3) An offeror's final auction price at the close of the reverse auction is considered its final price proposal revision. No price revisions 

will be accepted after the close of the reverse auction, unless the contracting officer decides that further discussions are needed and 

final price proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307, or the contracting 

officer determines that it would be in the best interest of the Government to re-open the auction. 

(4) The contracting officer identifies participants to the DLA commercial reverse auction service provider. To be eligible for award and 

participate, the offeror must agree with terms and conditions of the entire solicitation and the commercial reverse auction service. 

The reverse auction pricing tool system administrator sends auction information in an email. The reverse auction system designates 

offers as "lead," meaning the current low price in that auction, or "not lead," meaning not the current low price in that auction. In the 

event of a tie offer, the reverse auction provider's system designates the first offer of that price as "lead" and the second or 

subsequent offer of that price as "not lead." If a tie offer is submitted and no evaluation factors other than price were identified in the 

solicitation or a low-price technically acceptable source selection is being used, the "Not Lead” offeror that submitted the tie offer 

must offer a changed price; otherwise its offer will be ineligible for award. If evaluation factors in addition to price were listed in the 

solicitation and a tradeoff source selection is being used, tie offers that are "Not Lead" will be considered and evaluated. 

(5) Offerors unable to enter pricing through the commercial reverse auction service provider's system during a reverse auction must 

notify the contracting officer or designated representative immediately. The contracting officer may, at their sole discretion, extend or 

re-open the reverse auction if the reason for the offeror's inability to enter pricing is determined to be without fault on the part of the 

offeror and outside the offeror's control. 

(6) Training. The commercial reverse auction service provider or government representative conducts training for offerors. Offerors 

receive training through written material, the commercial reverse auction service provider's website, or other means. Trainers name 

employees successfully completing the training as a “Trained Offeror.” Only trained offerors may engage in a reverse auction. The 

contracting 

officer reserves the right to remove the “trained offeror” title from anyone who fails to obey the solicitation or commercial reverse 
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auction service provider terms and conditions. 

 

 

 

52.216-1 TYPE OF CONTRACT (APR 1984) - FAR 

 

The Government contemplates award of a Fixed Price with EPA Indefinite Delivery/Indefinite Quantity Contract resulting from this 

solicitation. 

 

52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (DEC 2016) - DLAD 

 

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

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

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

resolving the dispute. 

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

rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting 

officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor 

personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to 

be inappropriate. 

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS --NOTICE AND REPRESENTATION (JUN 2020) - FAR 

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

Foreign person means any person other than a United States person. 

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for 

goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement 

agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area. 

United States person as defined in 26 U.S.C. 7701(a)(30) means 

(1)A citizen or resident of the United States; 

(2)A domestic partnership; 

(3)A domestic corporation; 

(4)Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and 

(5)Any trust if - 

(i)A court within the United States is able to exercise primary supervision over the administration of the trust; and 

(ii)One or more United States persons have the authority to control all substantial decisions of the trust. 

(b)Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving 

such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7. 

(c)Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an 

exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign 

Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and 

self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 

5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the 
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acquiring agency rather than to the IRS. 

(d)For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that 

(1)It [_] is [_] is not a foreign person; and 

(2)If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that --I am claiming on the IRS Form W-14 

[__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax. 

(e)If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then -- 

(1)The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and 

(2)The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be 

applied to any resulting contract and the Government will withhold a full 2 percent of each payment. 

(f)If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be 

subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract. 

(g)A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is 

called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal 

Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a 

specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions. 

 

52.252-1 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://farsite.hill.af.mil/

 

The following additional provisions are incorporated by REFERENCE: