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

-22 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE 

DATE DATE 

SPE3$1-24-DZ2O1 02/01/2024 NIA - Bridge Contract NIA

a. NAME b. TELEPHONE NUMBER (No ccllect 8. OFFER DUE DA TE/ 

7. FOR SOLICITATION ► calls) LOCAL TIME 

INFORMATION CALL:

Jasmine Brown 215-737-2937 

9. ISSUEOBY CODE SPE3S1 10. THIS ACQUISITION IS lJ UNRESTRICTED OR O SET ASIDE: %FOR: 

DLA TROOP SUPPORT □ SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS --- 0 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

SUBSISTENCE SUPPLY CHAIN □ HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 

700 ROBBINS AVENUE BUSINESS □ED\f\,OSB 

PHILADELPHIA PA 19111-5096 □ SERVICE-DISABLED 

VETERAN-OV\.oNED SIZE STANDARD: 

USA SMALL BUSINESS 08(A> 

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

TION UNLESS BLOCK IS 013a. THIS CONTRACT IS A 

MARKED RATED ORDER UNDER 

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION 

D SEE SCHEDULE nRFQ □1FB [8jRFP 

15. DELIVER TO CODE 16. ADMINISTERED BY CODE I 

SEE SCHEDULE 

17a. CONTRACTOR/ coDEl9Y162 I FACILITY 18a. PAYMENT WILL BE MADE BY CODE ISL47O1 

OFFEROR CODE 

Baxters North America, Inc. Defense Finance Accounting Svc (DFAS) 

4700 Creek Rd. BSM 

Blue Ash, OH 45242-2808 UEI #LY JCV5JASBR5 P.O. 369031 

Columbus, OH 43236-9031 

TELEPHONE NO. 

□ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHO\Ml IN BLOCK 18a UNLESS BLOCK 

OFFER BELOW IS CHECKED □ SEE ADDENDUM 

19. 20. 21. 22. 23. 24. 

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 

SEE SCHEDULE 

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

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

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

� 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212•5 IS ATTACHED. AOOENOA � ARE □ ARE NOT ATTACHED 

[8j 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 [8j 2s. AWARD OF CONTRACT: REF. LQJ OFFER 

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

DATED 01/26/2024 . YOUR OFFER ON SOLICITATION 

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES V'v1-IICH ARE 

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS: all line items 

TRACTOR 

30b. NAME A TITLE OF SIGNER (Type or print) 

AUse Bemes M+,-- f�""-i:A c.,f!o 

rr tS�es 

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE 

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 

ROWN.JASMINE.M.14108 Digitally signed by 

BROWNJASMINE.M.1410846752 

30c. DATE SIGNED . 7S. E OF CONTRACTING OFFICl::R�� : 1 . IGNED 

I/, I hel "I JASMINE BROWN 

STANDARD FORM 1449 (REV. 212012) 

Prescribed by GSA· FAR (48 CFR) 53.212 

3 

This bridge contract is awarded to Baxters North America, Inc. (“Baxters”) in accordance with 10 USC

3204 (a) (1), whereby award is made using other than full and open competition. All terms and 

conditions of solicitation SPE3S1-17-R-0005 and contract SPE3S1-18-D-Z207 are incorporated herein

and made applicable to this contract.

Effective Period of Performance: February 1, 2024 to November 1, 2024. Baxters will be responsible

for delivering all orders placed on or prior to November 1, 2024. 

Guaranteed Minimum:

Maximum Dollar Value:

The Government is only obligated to order the guaranteed minimum amount specified above.

The distribution prices shall remain equivalent to the Tier 3 prices of contract SPE3S1-18-D-Z207.

Delivery terms: F.O.B. Destination CONUS, F.O.B. Origin OCONUS

Baxters North America, Inc.

4700 Creek Rd.

Blue Ash, OH 45242-2808

Pricing terms: Fixed Price

Inspection and acceptance point(s): Origin for CONUS, Destination for OCONUS 

Delivery locations: 

CATALOG # CUSTOMER DODAAC Leadtime

SPE3S1-18-D-Z207 OCONUS UGRA04

SPE3S1-18-D-Z730 CP GRAFTON, ND W81K9G 14 days

SPE3S1-18-D-Z731 FT BLISS, TX W45C08 14 days

SPE3S1-18-D-Z732 FT IRWIN, CA W80WKM14 days

SPE3S1-18-D-Z733 FT LEE, VA W26QKQ 14 days

SPE3S1-18-D-Z734 FT SAM HOUSTON, TX W45NQM 14 days

SPE3S1-18-D-Z735 FT STEWART, GA W33RSW 14 days

SPE3S1-18-D-Z736 FT WAINWRIGHT, AK WC1JUE 14 days

SPE3S1-18-D-Z737 OHIO NG W90N0J 14 days

SPE3S1-18-D-Z738 SCHOFIELD, HI WX3JP3 14 days

SPE3S1-18-D-Z739 WEST POINT WPCNB1 14 days
4 

SPE3S1-18-D-Z740 CONUS ADMIN ADMINW

The UGR-A NSNs are as follows:

8970-01-525-6344 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 

1, semi-perishable component (2 boxes), requires 8970-01-525-6726 breakfast 

menu 1, perishable component (1 or 2 boxes) to complete the menu, also 

requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6366 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 

2, semi-perishable component (2 boxes), requires 8970-01-525-6729 breakfast 

menu 2, perishable component (1 or 2 boxes) to complete the menu, also 

requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6370 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 

3, semi-perishable component (2 boxes), requires 8970-01-525-6733 breakfast 

menu 3, perishable component (1 or 2 boxes) to complete the menu, also 

requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6372 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 

4, semi-perishable component (2 boxes), requires 8970-01-525-6735 breakfast 

menu 4, perishable component (1 or 2 boxes) to complete the menu, also 

requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6377 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 

5, semi-perishable component (2 boxes), requires 8970-01-525-6739 breakfast 

menu 5, perishable component (1 or 2 boxes) to complete the menu, also 

requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6389 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 

6, semi-perishable component (2 boxes), requires 8970-01-525-6740 breakfast 

menu 6, perishable component (1 or 2 boxes) to complete the menu, also 

requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6720 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 

7, semi-perishable component (2 boxes), requires 8970-01-525-6744 breakfast 

menu 7, perishable component (1 or 2 boxes) to complete the menu, also 

requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6726 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast 

menu 1, perishable component (1 or 2 boxes), requires 8970-01-525-6344 

breakfast menu 1, semi-perishable component (2 boxes) to complete menu, also 

requires bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6729 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 

2, perishable component (1 or 2 boxes), requires 8970-01-525-6366 breakfast 

menu 2, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6733 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 

3, perishable component (1 or 2 boxes), requires 8970-01-525-6370 breakfast 

menu 3, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6735 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 

4, perishable component (1 or 2 boxes), requires 8970-01-525-6372 breakfast 

menu 4, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate
5 

8970-01-525-6739 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 

5, perishable component (1 or 2 boxes), requires 8970-01-525-6377 breakfast 

menu 5, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6740 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 

6, perishable component (1 or 2 boxes), requires 8970-01-525-6389 breakfast 

menu 6, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6744 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, breakfast menu 

7, perishable component (1 or 2 boxes), requires 8970-01-525-6720 breakfast 

menu 7, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6783 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 1, 

semi-perishable component (2 boxes), requires 8970-01-525-6813 dinner menu 

1, perishable component (1 or 2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate

8970-01-525-6785 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 2, 

semi-perishable component (2 boxes), requires 8970-01-525-6815 dinner menu 

2, perishable component (1 or 2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate

8970-01-525-6786 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 3, 

semi-perishable component (2 boxes), requires 8970-01-525-6816 dinner menu 

3, perishable component (1 or 2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate

8970-01-525-6789 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 4, 

semi-perishable component (2 boxes), requires 8970-01-525-6817 dinner menu 

4, perishable component (1 or 2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate

8970-01-525-6790 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 5, 

semi-perishable component (2 boxes), requires 8970-01-525-6818 dinner menu 

5, perishable component (1 or 2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate

8970-01-525-6794 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 6, 

semi-perishable component (2 boxes), requires 8970-01-525-6820 dinner menu 

6, perishable component (1 or 2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate

8970-01-525-6796 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 7, 

semi-perishable component (2 boxes), requires 8970-01-525-6823 dinner menu 

7, perishable component (1 or 2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate

8970-01-525-6803 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 8, 

semi-perishable component (2 boxes), requires 8970-01-525-6825 dinner menu 

8, perishable component (1 or 2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate

8970-01-525-6804 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 9, 

semi-perishable component (2 boxes), requires 8970-01-525-6827 dinner menu 

9, perishable component (1 or 2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate
6 

8970-01-525-6805 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

10, semi-perishable component (2 boxes), requires 8970-01-525-6830 dinner 

menu 10, perishable component (1 or 2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6806 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

11, semi-perishable component (2 boxes), requires 8970-01-525-6832 dinner 

menu 11, perishable component (1 or 2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6807 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

12, semi-perishable component (2 boxes), requires 8970-01-525-6849 dinner 

menu 12, perishable component (1 or 2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6809 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

13, semi-perishable component (2 boxes), requires 8970-01-525-6852 dinner 

menu 13, perishable component (1 or 2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6810 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

14, semi-perishable component (2 boxes), requires 8970-01-525-6856 dinner 

menu 14, perishable component (1 or 2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6813 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 1, 

perishable component (1 or 2 boxes), requires 8970-01-525-6783 dinner menu 1, 

semi-perishable component (2 boxes) to complete menu, also requires bread and 

milk (ordered separately) to be nutritionally adequate

8970-01-525-6815 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 2, 

perishable component (1 or 2 boxes), requires 8970-01-525-6785 dinner menu 2, 

semi-perishable component(2 boxes) to complete menu, also requires bread and 

milk (ordered separately) to be nutritionally adequate.

8970-01-525-6816 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 3, 

perishable component (1 or 2 boxes), requires 8970-01-525-6786 dinner menu 3, 

semi-perishable component (2 boxes) to complete menu, also requires bread and 

milk (ordered separately) to be nutritionally adequate

8970-01-525-6817 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 4, 

perishable component (1 or 2 boxes), requires 8970-01-525-6789 dinner menu 4, 

semi-perishable component (2 boxes) to complete menu, also requires bread and 

milk (ordered separately) to be nutritionally adequate

8970-01-525-6818 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 5, 

perishable component (1 or 2 boxes), requires 8970-01-525-6790 dinner menu 5, 

semi-perishable component (2 boxes) to complete menu, also requires bread and 

milk (ordered separately) to be nutritionally adequate

8970-01-525-6820 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 6, 

perishable component (1 or 2 boxes), requires 8970-01-525-6794 dinner menu 6, 

semi-perishable component (2 boxes) to complete menu, also requires bread and 

milk (ordered separately) to be nutritionally adequate
7 

8970-01-525-6823 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 7, 

perishable component (1 or 2 boxes), requires 8970-01-525-6796 dinner menu 7, 

semi-perishable component (2 boxes) to complete menu, also requires bread and 

milk (ordered separately) to be nutritionally adequate

8970-01-525-6825 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 8, 

perishable component (1 or 2 boxes), requires 8970-01-525-6803 dinner menu 8, 

semi-perishable component (2 boxes) to complete menu, also requires bread and 

milk (ordered separately) to be nutritionally adequate

8970-01-525-6827 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 9, 

perishable component (1 or 2 boxes), requires 8970-01-525-6804 dinner menu 9, 

semi-perishable component (2 boxes) to complete menu, also requires bread 

and milk (ordered separately) to be nutritionally adequate

8970-01-525-6830 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

10, perishable component (1 or 2 boxes), requires 8970-01-525-6805 dinner 

menu 10, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6832 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

11, perishable component (1 or 2 boxes), requires 8970-01-525-6806 dinner 

menu 11, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6849 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

12, perishable component (1 or 2 boxes), requires 8970-01-525-6807 dinner 

menu 12, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6852 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

13, perishable component (1 or 2 boxes), requires 8970-01-525-6809 dinner 

menu 13, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-525-6856 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, dinner menu 

14, perishable component (1 or 2 boxes), requires 8970-01-525-6810 dinner 

menu 14, semi-perishable component (2 boxes) to complete menu, also requires 

bread and milk (ordered separately) to be nutritionally adequate

8970-01-586-3289 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 1, semi-perishable component (2 boxes), requires 8970-01-586-

3288 short order dinner menu 1, perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-586-3291 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 2, semi-perishable component (2 boxes), requires 8970-01-586-

3290 short order dinner menu 2, perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-586-3299 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 3, semi-perishable component (2 boxes), requires 8970-01-586-

3292 short order dinner menu 3, perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate
8 

8970-01-586-3302 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 4, semi-perishable component (2 boxes), requires 8970-01-586-

3300 short order dinner menu 4, perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-586-3306 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 5, semi-perishable component (2 boxes), requires 8970-01-586-

3303 short order dinner menu 5, perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-604-1341 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 6, semi-perishable component (2 boxes), requires 8970-01-604-

1372 short order dinner menu 6, perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-604-1353 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 7, semi-perishable component (2 boxes), requires 8970-01-604-

1347 short order dinner menu 7, perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-586-3288 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 1, perishable component (2 boxes), requires 8970-01-586-3289 

short order dinner menu 1, semi-perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-586-3290 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 2, perishable component (2 boxes), requires 8970-01-586-3291 

short order dinner menu 2, semi-perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-586-3292 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 3, perishable component (2 boxes), requires 8970-01-586-3299 

short order dinner menu 3, semi-perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-586-3300 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 4, perishable component (2 boxes), requires 8970-01-586-3302 

short order dinner menu 4, semi-perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-586-3303 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 5, perishable component (2 boxes), requires 8970-01-586-3306 

short order dinner menu 5, semi-perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate
9 

8970-01-604-1372 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 6, perishable component (2 boxes), requires 8970-01-604-1341 

short order dinner menu 6, semi-perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate

8970-01-604-1347 UNITIZED GROUP RATION-A OPTION (UGR–A), 50 meals, short order 

dinner menu 7, perishable component (2 boxes), requires 8970-01-604-1353 

short order dinner menu 7, semi-perishable component (1 or 2 boxes) to 

complete menu, also requires bread and milk (ordered separately) to be 

nutritionally adequate
10

Contract Clauses

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

(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 products and commercial services: 

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services: 

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

_X_ (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); 

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the 

intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, 

section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery 

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of 

Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply 

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L.

115–390, title II).
11

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors 

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility 

Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) 

( 15 U.S.C. 657a).

_X_ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business 

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) 

( 15 U.S.C. 657a).

__ (17) [Reserved]

__ (18)

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

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

__ (19)

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

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

_X_ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and 

(3)).

_X_ (21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

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

__ (iii) Alternate II (NOV 2016) of 52.219-9.

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

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22)

(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.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

_X_ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT

2022) ( 15 U.S.C. 657f).

_X_ (26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP

2023)( 15 U.S.C. 632(a)(2)).

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

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically 

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (28) 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 (OCT 2022) 

( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023) . 
12

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). 

_X_ (34)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

_X_ (35)

(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_ (36)

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

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations 

Act (DEC 2010) (E.O. 13496).

__ (39)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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).

__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). 

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types 

of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially 

available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to 

the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air 

Conditioners (JUN 2016) (E.O. 13693).

__ (44)

(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. 

__ (45)

(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. 

__ (46) 52.223-15, Energy Efficiency in EnergyConsuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (47)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

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

_X_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While 

Driving (JUN 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (51)

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

__ (ii) Alternate I (JAN 2017) of 52.224-3.
13

_X_ (52)

(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (53)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 

(sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3. 

__ (iv) Alternate III (NOV 2023) of 52.225-3. 

__ (v) Alternate IV (Oct 2022) of 52.225-3. 

__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et

seq., 19 U.S.C. 3301 note).

_X_ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, 

proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the 

Treasury).

__ (56) 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. Subtitle A, Part V, Subpart G Note).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) 

( 42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) 

( 42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). 

__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT2018) ( 31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) ( 31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__ (67)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (NOV 2021) 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

products and commercial services: 

[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).
14

__ (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 Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022). 

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (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 products or commercial services. 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 (NOV

2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed

or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).
15

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 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.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

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

(xiv) 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. 

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

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and

E.O 13627).

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022). 

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 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. 

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) 

of 52.232-40. 

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 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

products and commercial services a minimal number of additional clauses necessary to satisfy its 

contractual obligations.

(End of clause)
16

CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 

2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform

to the requirements of this contract. The Government reserves the right to inspect or test any supplies or 

services that have been tendered for acceptance. The Government may require repair or replacement of 

nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If 

repair/replacement or reperformance will not correct the defects or is not possible, the 

Government may seek an equitable price reduction or adequate consideration for acceptance of 

nonconforming supplies or services. The Government must exercise its post-acceptance rights- 

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

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

the defect in the item.

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

of performance of this contract to a bank, trust company, or other financing institution, including any 

Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, 

when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the 

Contractor may not assign its rights to receive payment under this contract.

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

agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties

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

under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 

Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The 

Contractor shall proceed diligently with performance of this contract, pending final resolution of any 

dispute arising under the contract.

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

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

occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, 

acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, 

fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common 

carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible 

after the commencement of any excusable delay, setting forth the full particulars in connection 

therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written 

notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if

authorized) to the address designated in the contract to receive invoices. An invoice must include- 

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight

of shipment if shipped on Government bill of lading;

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

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

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

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on

the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.
17

(A) The Contractor shall include EFT banking information on the invoice only if required

elsewhere in this contract.

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

the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information 

in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment 

by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic

Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement

to pay by EFT.

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

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. 

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

agents against liability, including costs, for actual or alleged direct or contributory infringement of, or 

inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the 

performance of this contract, provided the Contractor is reasonably notified of such claims and 

proceedings.

(i) Payment.-

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

delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315. 

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

for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed

from the date of the invoice. For the purpose of computing the discount earned, payment shall be 

considered to have been made on the date which appears on the payment check or the specified payment 

date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing

or invoice payment or that the Government has otherwise overpaid on a contract financing 

or invoice payment, the Contractor shall- 

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

description of the overpayment including the- 

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment,

liquidation errors, date(s) of overpayment);

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

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

(D) Contractor point of contact.

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

Officer. 

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this

contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming 

due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided 

in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in 

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary 

until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt

is due under the contract.
18

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

by 33.211 if– 

(A) The Contracting Officer and the Contractor are unable to reach agreement on the

existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid 

because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by

the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment

included in the final decision shall identify the same due date as the original demand for payment.

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

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment

resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved

beginning on the due date and ending on- 

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

(B) The date of issuance of a Government check to the Contractor from which an amount

otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would

otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures

prescribed in FAR 32.608-2 in effect on the date of this contract.

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

the supplies provided under this contract shall remain with the Contractor until, and shall pass to the 

Government upon:

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

(2) Delivery of the supplies to the Government at the destination specified in the contract, if

transportation is f.o.b. destination.

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate

this contract, or any part hereof, for its sole convenience. In the event of such termination, the 

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its 

suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be 

paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice 

of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the 

Government using its standard record keeping system, have resulted from the termination. The 

Contractor shall not be required to comply with the cost accounting standards or contract cost principles 

for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. 

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have 

been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause

in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms 

and conditions, or fails to provide the Government, upon request, with adequate assurances of future 

performance. In the event of termination for cause, the Government shall not be liable to the Contractor 

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

for any and all rights and remedies provided by law. If it is determined that the Government improperly 

terminated this contract for default, such termination shall be deemed a termination for convenience. 
19

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this

contract shall pass to the Government upon acceptance, regardless of when or where the Government 

takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are

merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will

not be liable to the Government for consequential damages resulting from any defect or deficiencies in 

accepted items.

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

executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety 

Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 

relating to procurement integrity.

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

giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

software. 

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under

this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar 

legal instrument or agreement, that includes any clause requiring the Government to indemnify the 

Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create 

an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to

have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or 

agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" 

click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution 

does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal

instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is

expressly authorized by statute and specifically authorized under applicable agency regulations and 

procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those

completed electronically via the System for Award Management (SAM), are incorporated by reference 

into the contract.

(End of clause)
20

252.225-7012 Preference for Certain Domestic Commodities.

As prescribed in 225.7002-3 (a), use the following clause:

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)

(a) Definitions. As used in this clause—

“Component” means any item supplied to the Government as part of an end product or of another 

component.

“End product” means supplies delivered under a line item of this contract.

"Qualifying country" means a country with a reciprocal defense procurement memorandum of 

understanding or international agreement with the United States in which both countries agree to remove 

barriers to purchases of supplies produced in the other country or services performed by sources of the 

other country, and the memorandum or agreement complies, where applicable, with the requirements of 

section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the 

following are qualifying countries:

Australia

Austria

Belgium

Canada

Czech Republic

Denmark

Egypt

Estonia

Finland

France

Germany

Greece

Israel

Italy

Japan

Latvia

Lithuania

Luxembourg

Netherlands

Norway

Poland

Portugal

Slovenia

Spain

Sweden

Switzerland

Turkey

United Kingdom of Great Britain and Northern Ireland.

“Structural component of a tent”— 

(1) Means a component that contributes to the form and stability of the tent (e.g., poles,

frames, flooring, guy ropes, pegs); and

(2) Does not include equipment such as heating, cooling, or lighting.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any 

vessel registered or having national status under the laws of the United States.

(b) The Contractor shall deliver under this contract only such of the following items, either as end

products or components, that have been grown, reprocessed, reused, or produced in the United States:

(1) Food.
21

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other

items added to, and not normally associated with, clothing and the materials and components thereof. 

Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, 

handwear, belts, badges, and insignia.

(3)(i) Tents and structural components of tents;

(ii) Tarpaulins; or

(iii) Covers.

(4) Cotton and other natural fiber products.

(5) Woven silk or woven silk blends.

(6) Spun silk yarn for cartridge cloth.

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for

use in such fabrics.

(8) Canvas products.

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured

articles).

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or

containing fibers, yarns, fabrics, or materials listed in this paragraph (b).

(c) This clause does not apply—

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other

items for which the Government has determined that a satisfactory quality and sufficient quantity cannot 

be acquired as and when needed at U.S. market prices;

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product,

for which the estimated value of the cotton, other natural fibers, or wool— 

(i) Is not more than 10 percent of the total price of the end product; and

(ii) Does not exceed the threshold at Defense Federal Acquisition Regulation

Supplement 225.7002-2(a);

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and

explosives;

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in

the United States, regardless of where the foods (and any component if applicable) were grown or 

produced. Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or 

seafood contained in foods manufactured or processed in the United States shall be provided in 

accordance with paragraph (d) of this clause;

(5) To chemical warfare protective clothing produced in a qualifying country; or

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does

apply to the synthetic or coated synthetic fabric itself), if— 

(i) The fabric is to be used as a component of an end product that is not a textile product.

Examples of textile products, made in whole or in part of fabric, include— 

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72,

Household and Commercial Furnishings and Appliances);

(B) Items made in whole or in part of fabric in Federal Supply Group 83,

Textile/leather/furs/apparel/findings/tents/flags, or Federal Supply Group 84, Clothing, Individual 

Equipment and Insignia;

(C) Upholstered seats (whether for household, office, or other use); and

(D) Parachutes (Federal Supply Class 1670); or

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns

manufactured in a qualifying country.

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under 

this contract— 

(i) Shall be taken from the sea by U.S.-flag vessels; or

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and
22

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a

U.S.-flag vessel or in the United States.

(End of clause)