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

16. ADMINISTERED BY CODE

7. FOR SOLICITATION

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

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

1. REQUISITION NUMBER

1000087524

2. CONTRACT NO.

SPE3S1-21-D-Z230

3. AWARD/EFFECTIVE 

DATE

2020 DEC 16

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE 

DATE

a. NAME b. TELEPHONE NUMBER (No collect

calls)

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 

Local Admin: Jennifer Dam PSPTRA3 Tel: 215-737-7898 Fax: 215-737-4115 

Email: JENNIFER.DAM@DLA.MIL

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR: 100

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: 311999

SIZE STANDARD:500

11. DELIVERY FOR FOB DESTINA- 

 TION UNLESS BLOCK IS

 MARKED

12. DISCOUNT TERMS

Net 30 days

 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 SPE3S1

SEE BLOCK 9 

Criticality: PAS : None

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

58340

OFD Foods, LLC DBA Oregon Freeze 

 Dry 

525 25th Ave SW 

ALBANY OR 97321-4371 

USA

TELEPHONE NO. 5419266001

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC 

BSM 

P O BOX 182317 

COLUMBUS OH 43218-2317 

USA

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

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

$34,162,535.60

 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.

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

2020 DEC 16

1 OFD Foods, LLC.

2020-Jul-20

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV. 

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

 DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), 

 INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , 

 HEREIN IS ACCEPTED AS TO ITEMS: 

EDWOSB

PAGE 1 OF 14 

SPE3S1-20-R-0005 2020 JUN 09

X

NSN: 8910-01-676-3443

BOIL-IN-BAG DEHYDRATED EGG MIX, REDUCED CHOLESTEROL

FOR UNITIZZED GROUP RATIONS HEAT & SERVE AND M

HARRY STREIBICH

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)

36. PAYMENT

PARTIAL FINAL

19. 

ITEM NO.

20. 

SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
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SPE3S1-21-D-Z230

ITEM DESCRIPTION 

 NSN: 8910-01-676-3443 - EGG MIX, REDUCED CHOLESTEROL, PASTEURIZED, UNCOOKED, DEHYDRATED, LARGE OPENING FITMENT AND 

CAP, butter flavored, 476 gm (16.8 oz.) net weight packaged in a Boil-in-Bag (BIB), 2 BIB packages per overwrapped barrier pouch, PCRE-017B, dated 9 November 2018 with Change 02 dated 22 Jan 2020 (UNITIZED GROUP RATION ONLY). 

Est. Annual Unit Firm Fixed Portion Portion Total 

Quantity of Price Subject to EPA Subject to EPA Unit Price

Issue "Whole Egg" "White Egg"

I 

 Tier 1 * 117,240 EA $39.23____ $14.77_______ $0__________ $54.00_________ 

 Tier 2 * 117,240 EA $40.60____ TBD* $0 TBD 

 Tier 3 * 117,240 EA $42.02____ TBD $0 TBD 

 Tier 4 * 117,240 EA $43.50____ TBD $0 TBD

*TBD = To be determined

Total Contract Minimum for 4-year period is: 76,800 EA. The total minimum contract dollar value is $4,147,200.00 

Total Contract Maximum for 4-year period is: 586,280 EA. The total maximum contract dollar value is $34,162,535.60

The unit of issue of “Each (EA)” is comprised of 2 BIB packages per overwrapped barrier foil pouch. The shelf life requirement of this item 

is 36 months. All pricing is FOB destination.

Required delivery dates shall begin within 120 days after issuance of each delivery order. The following is the complete 

delivery address: 

W62GT 

W1BG DLA Distribution 

25600 S Chrisman Road 

Rec Warehouse 30 - UGR 

Tracy, CA 95304-5000 

United States 

For appointment call (209) 839-4496, 24 hours prior to delivery. 

The effective period of the contract is: 

TIER 1: Dec 16, 2020 - Dec 15, 2021 

TIER 2: Dec 16, 2021 - Dec 15, 2022

TIER 3: Dec 16, 2022 - Dec 15, 2023

TIER 4: Dec 16, 2023 - Dec 15, 2024

NOTE: Deliveries might fall outside of effective period 

The Economic Price Adjustment of Tier 2, Tier 3 and Tier 4 will be adjusted in accordance with Procurement Note - 

ECONOMIC PRICE ADJUSTMENT (EPA) - UNITIZED GROUP RATION (UGR ) as follows:

(a) Warranties: For the portion of the schedule that is covered by this EPA language, the Contractor warrants that
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SPE3S1-21-D-Z230

the unit prices included in the Schedule does not include allowances for any portion of the contingency covered by 

this EPA language. 

(b) Base unit price: The base unit prices for the purpose of the adjustment calculations under this EPA language shall

be the arithmetic average of the monthly prices of each applicable economic indicator only (e.g. an average of egg

indices for egg products), 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).

Item: BIB Dehydrated Egg Mix 

EPA Factor: EGG 

Economic Indicators: National Liquid Egg, Whole, Weighted Average, Certified in Trucklots and National Liquid Egg, White, 

Weighted Average, Certified in Trucklots 

The indicators are published Weekly by USDA in USDA Livestock, Poultry, & Grain Market News, Processed Eggs: Weekly 

National Egg Products (Fri).

Base Unit Price: 12 Months Monthly Weighted Averages* 

Adjusting Unit Price: 12 Months Monthly Weighted Averages* 

*NOTE: If the closing date/due date for final proposal revisions as well as the new Tier term occurs mid-month, then

the monthly weighted average of the month prior to closing (or new Tier term) will be accounted as the last month

of the 12 months weighted average.

(c) Adjusting unit price: The adjusting unit prices shall be the arithmetic average of the monthly weighted average

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 Tier 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);

and the net price after applying any standard trade discounts offered by the Contractor. The established market

price under this EPA language 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 EPA language, and the economic indicators and publications to be used are listed in

paragraph (b) of this EPA language.

(e) With respect to increases or decreases under this EPA language, 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 term.

(f) EPA allowance factor: For the purpose of price adjustment pursuant to this EPA language, 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 egg, pork belly, skim milk, and buttermilk, are subject to the EPA, because there is serious doubt
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SPE3S1-21-D-Z230

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 those contingencies that can be included in the 

contract price and can be identified and covered separately through firm fixed prices. The EPA allowance factor 

remains fixed throughout the life of the contract unless a Government authorized change is made to the contract 

which affects this allowance. 

(g) Performance requirement: 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. The Government no longer states the specific amount of product (egg, pork belly, skim

milk, buttermilk etc.) (a unitized group ration item) that goes into a Unitized Group Ration, only an overall amount

with a protein and carbohydrate requirement. Meeting the protein and carbohydrate requirement indicates that the

Contractor has put in sufficient quantities of required ingredients in the Unitized Group Ration to satisfy the

requirement. (Different Contractors will put in differing quantities of egg, pork belly, skim milk, buttermilk etc. to

meet the protein and carbohydrate 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.

(h) Adjustments shall be calculated as follows: (Round to four 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 = Contract Unit Price Adjustment (+ or -) for each item subject to EPA

adjustment.

(4) The original Tier unit price(s) for each Tier 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 Tier 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 Tier period being adjusted.

(5) Determine the Contract Price Adjustment by computing the sum total of the price Adjustment of all items

subject to EPA.

(i) Price adjustments pursuant to this EPA language shall be made by contract modification showing the calculations

used to derive the adjusted contract unit price.

(j) Payments: Payment for items pending adjustment under this EPA language shall be at the existing unadjusted

current unit price until an adjustment modification has been issued. Following issuance of an adjusting contract

modification, the Government shall pay the Contractor, upon submission of proper invoices or vouchers, the

adjusted price stated in the contract modification for the applicable Tier period. The Contractor represents by

submitting its final invoice that the total amount billed under this contract reflects all increases or decreases

required or authorized by this EPA language.

(k) 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.
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SPE3S1-21-D-Z230

(l) No adjustment will be made under this EPA language unless the total change in the contract amount is $500.00 or

more.

(m) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10%

per annum of the original Tier unit prices agreed to at time of award. There is no percentage limit on downward

adjustments under this EPA language.

(n) Revision of market price indicator: In the event (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 no longer reflects 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.

(o) Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of

other matters addressed by this EPA language then the matter shall be resolved in accordance with the Disputes

clause of the contract.

(p) Authority to add additional items to this EPA language: Paragraph (b) of this EPA language identifies 3 unique

components contained in the ration. These components are selected based on historical data and may not be

included in every 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 ration. The Contracting

Officer will show within paragraph (b) the additional components(s).

(q) 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.

(r) 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.

(End of Text) 

INSPECTION:

Origin: Contractor paid USDA inspection 

Destination: Military verification inspection for identity, count and condition. 

Manufacturing Site: OFD Foods LLC Plant 1 

770 29th Ave SW 

Albany, OR 97321 

Place of Inspection: Same as above 
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SPE3S1-21-D-Z230

Inspection Office: USDA, AMS, F&V 

1193 Royvonne SE, Suite 16 

Salem, OR 97302 

 Inspector-In-Charge: Thomas Beck 

503-399-5761

Thomasg.beck@usda.gov

All terms and conditions of solicitation SPE3S1-20-R-0005, as amended are hereby incorporated into this 

contract. 

TECHNICAL/QUALITY DATA 

I. INSPECTION AND ACCEPTANCE REQUIREMENTS

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. 

II. TRACEABILITY

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

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

legible. 

Use of the Julian Date for the lot number and a time stamp (hour and minute of filling/sealing) is preferred. For example (1296 12:15), 

1296 = October 23, 2011 and 12:15 representing the time of filling/sealing. When not required by specification, the contractor's lot 

identification may be of their own coding, i.e. a closed code, but the contractor shall provide the coding information for the primary 

containers and the contract data markings upon delivery. Package codes (to include 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 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. 

III. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

As required by 48 CFR 246.471 Authorizing Shipment of Supplies, AR 40-657, Veterinary/Medical Food Safety, Quality Assurance and 

Laboratory Service, DLAR 4155.3, Inspections of Subsistence Supplies and Services, DLAD 52.246-9044, "SANITARY CONDITIONS (APR 2014), 

and as clarified by the Armed Forces Food Risk Evaluation Committee, 31 JAN 1996, all Operational Ration Food Components will originate 

from sanitarily approved establishments. Acceptable sanitary approval is constituted by listing in the "Directory of Sanitarily Approved Food 

Establishments for Armed Forces Procurement," published by the U.S. Army Institute of Public Health (USAIPH), or an establishment 

inspected and approved by the U.S. Department of Agriculture (USDA) or the U.S. Department of Commerce (USDC) and possessing a 

USDA/USDC establishment number. This requirement applies to all GFM and CFM Operational Ration Food Components and to all 

Operational Ration types. Requests for inspection and "Directory" listing by USAIPH will be routed through DLA Troop Support-FTSC for 

coordination and action. Situations involving sole sources of supply, proprietary supply sources, and commercial Brand Name items will be 

evaluated directly by the Chief, DLA Troop Support-FTSC, in coordination with the Chief, Approved Sources Division, USAIPH. 

IV. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS
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SPE3S1-21-D-Z230

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 2020, and the shelf life is 36 months (3 years), then the ITD is computed as follows: 6/20 + 3 years = 

6/23. 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). 

V. UNITIZATION

Unit loads shall have the shipping containers arranged on a 40 inch by 48 inch commercial wood or plywood four-way entry pallet, or on a 

48 inch by 40 inch Grocery Manufacturers of America wood four-way entry pallet. The load shall be bonded with non-metallic strapping, 

shrink or stretch film, or others means that comply with carrier rules and regulations applicable to the mode of transportation (adhesive 

bonding is not acceptable). 

Bonding material shall secure the load to the pallet to form a consolidated, stable cargo which can be handled as a unit. For example, when 

strapping is used to secure the load, the straps shall pass under the top deck boards of the pallet. When stretch or shrink film is used, it 

must be applied low enough on the pallet to secure the load to the pallet. The unit load height shall not exceed 50 inches. 

Inspection of unit loads shall be in accordance with classification Type III, Class G of DLA Troop Support Form 3507 of April 2014 entitled 

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

NOTE: The unit load dimensions are 40 inches in length by 48 inches in width and 50 inches in height. 

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

REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) 

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

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

Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, 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/). 
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SPE3S1-21-D-Z230

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. 

VI. QUALITY ASSURANCE PROVISIONS INSPECTION/ACCEPTANCE

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

finished product for compliance with contract requirements shall be lot inspected by USDA, AMS, FV, PPB In addition, Government 

inspection shall also be at destination for identity, count and condition for all terms and conditions of the contract. This shall include but is 

not limited to the following: 

1. All shipments must be accompanied by an accurate DD-250, and all other pertinent invoices as required.

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

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

4. All delivered product shall be free of defects.

5. All shipments must contain the correct quantity as specified by DLA Troop Support.

6. Appointments must be scheduled with the receiving activity prior to delivery.

7. All delivered product must meet or exceed the appropriate product requirements as described in this Solicitation.

8. All delivered products must meet the required date of pack/shelf life requirements.

9. To determine the date of pack, any closed date code must be accompanied with documentation deciphering the closed product code.

10. All delivered products must be free of insect and rodent infestation.

Failure to comply with ANY of the above conditions may result in the shipment(s) being rejected and returned to origin, or at the 

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

QUALITY ASSURANCE PROVISIONS:

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

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

manufacturing procedures, quality control procedures, and storage and handling practices; has a national or regional distribution from 

storage facilities located within the United States, its territories, or possessions; and is sold on the commercial market. 

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

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

determine conformance with the provisions of the contract. 

End item lots determined nonconforming may be reworked to correct or screen out the defective units. Rework shall only be 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. 

VII. DATE OF PACK

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

components/product from a producer to destination/assembly points shall not be older than 90 days at delivery. 
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SPE3S1-21-D-Z230

VIII. REWORK OF NONCONFORMING PRODUCT PRE OR POST ACCEPTANCE

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

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

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

End-Item Inspections): Unless otherwise specified below, all reworks and screening inspections conducted prior to the Government 

verification inspection do not require approval from the Government. Although the GQAR must be informed of all reworks, the contractor 

is not required to obtain approval to take corrective and preventive action as deemed necessary to ensure compliance with contractual 

requirements. For reworks requiring the Government's approval (as specified below), the contractor may submit a Standard Rework 

Procedure (SRP), for certain defects, under the contractor's documented QSP section XII - Corrective and Preventive Action Program. The 

SRPs must be specific and these must be evaluated by DLA Troop Support-FTR, and DLA Troop Support-FTSC, and approved by the 

applicable Contracting Officer.

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

and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. When a contractor determines 

as a result of his end item inspection(s) or QSP that supplies do not conform to contractual requirements and the supplies cannot be 

reworked (such as drained weight, viscosity, piece size, residual air, etc), he has the alternative to request the Contracting Officer for a 

waiver for the nonconforming requirement. If the Contracting Officer approves the waiver request for a specific requirement, the written 

waiver approval shall be provided to the GQAR when the supplies are presented for Government Verification Inspection (the skip-lot 

inspection does not apply in this case). The GQAR shall inspect the supplies for compliance with all requirements of the contract, except the 

waived requirement. The Contracting Officer, in special circumstances, may request the GQAR to inspect for the non-conforming 

characteristics also, after the waiver for the nonconforming requirement has been provisionally approved, to determine severity of 

nonconformance only. Due to the type of statistical sampling cited in the contract, under no circumstances shall a lot found nonconforming 

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

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

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

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

Support-FTR Office. 

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

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

mix-ups must be approved by FTR. Thermal process deviations or deviations from the preparation, formulation or critical factors cited in the

approved process schedule must be accompanied by a detailed letter from the plant's Processing Authority. The involved subcode(s), the

deviation, and the disposition of the product shall be clearly identified when the complete lot is presented for Government end item

verification inspection. If the producer fails to provide enough information/data in the case of a deviation, the GQAR shall contact FTR for

approval to proceed with the Government end item verification inspection. These requirements are in addition to applicable Code of

Federal Regulations or other regulatory requirements (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 
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SPE3S1-21-D-Z230

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

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

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

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

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

FTR office). All containers exhibiting same or other container integrity defects must be removed during the 100% primary container rework 

and noted on the rework paperwork. Reworked lots will be inspected or re-inspected, as applicable, by the contractor at the location of the 

rework using the next larger sample size (for example, from 200 samples to 315, or if a second rework, from 315 samples to 500 samples). 

Rework results must be included with other paperwork when the lot is presented for Government end item verification inspection.

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

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

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

Contracting Officer, unless exempted under paragraph 3 above. 

C. Contractor's Quality History:

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

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

verification inspection performed by the GQAR. Corrective actions taken to ensure compliance with the contractual requirements prior to 

the Government end item verification inspection will not be counted against the contractor's quality history. If product is found 

conforming during the Government end item verification inspection, the corrective action will be determined to have been effective. 

However, all requests for waivers and product deviations will be counted. 

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

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

action, the corrective action will be determined to have been ineffective. In addition to any action taken, the contractor must reevaluate 

their documented QSP and/or the implemented corrective and preventive action program by an internal audit and results must be 

submitted to DLA Troop Support-FTSB (Quality Systems Auditors). All corrective actions (rework/screening inspections, etc.) taken by 

the contractor due to a Government end item verification inspection rejection will be documented in the contractor's quality history 

records.

NOTE: If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days from date of initial 

rejection.

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

data that supports the rework plan and ensures the elimination of nonconforming material from the lot. See “Request for Rework, Request 

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

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

Nonconforming Supplies 

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

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

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

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

Rework for Residual Air for Apple Dessert) 

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

b. Approval Required from DLA: Yes or No

c. Contractor Name/Address

d. Contract Number
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SPE3S1-21-D-Z230

e. Product Name

f. National Stock Number

g. Batch Number(s) (If Applicable)

h. Sublot(s) (If Applicable)

i. Lot Number(s)

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

k. Quantity

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

m. Sample Size; Defect; Accept/Reject

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

o. Inspection Failure (Summary of non-conformances)

p. Failure Identified: Processing, Packaging, End Item

q. Inspector: In-plant/Contractor or USDA

r. Date of Incident

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

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

incident)

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

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

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

x. Estimated Cost

y. Effect on Delivery

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

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

and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. After any lot's failure or 

rework, if the lot is re-inspected, it will be both Contractor and Government inspected at the next higher sample size; however, the accept/

reject numbers used for the normal inspection will be used.

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

contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect the non-reworked lot after taking 

the corrective action, and evaluate the results of the initial inspection and the re-inspection by means of recognized statistical methods. 

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

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

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

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

will be reported to the Contracting Officer. 

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

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

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

requirement is a unit (attribute) requirement. 

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT 

INFORMATION (OCT 2016) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES 

(DEC 2019) DFARS
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SPE3S1-21-D-Z230

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) DFARS

(a) Definitions.

Basic Assessment means a contractor's self assessment of the contractor's implementation of NIST SP 800 -171 that --

(1) Is based on the Contractor's review of their system security plan(s) associated with covered contractor information system(s);

(2) Is conducted in accordance with the NIST SP 800 -171 DoD Assessment Methodology; and

(3) Results in a confidence level of ``Low'' in the resulting score, because it is a self generated score.

Covered contractor information system has the meaning given in the clause 252.204 -7012, Safeguarding Covered Defense Information and 

Cyber Incident Reporting, of this contract.

High Assessment means an assessment that is conducted by Government personnel using NIST SP 800 -171A, Assessing Security 

Requirements for Controlled Unclassified Information that --

(1) Consists of --

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review;

(iii) Verification, examination, and demonstration of a Contractor's system security plan to validate that NIST SP 800 -171 security

requirements have been implemented as described in the contractor's system security plan; and

(iv) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of ``High'' in the resulting score.

Medium Assessment means an assessment conducted by the Government that --

(1) Consists of --

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review; and

(iii) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of ``Medium'' in the resulting score.

(b) Applicability. This clause applies to covered contractor information systems that are required to comply with the National Institute of

Standards and Technology (NIST) Special Publication (SP) 800 -171, in accordance with Defense Federal Acquisition Regulation System

(DFARS) clause at 252.204 -7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract.

(c) Requirements. The Contractor shall provide access to its facilities, systems, and personnel necessary for the Government to conduct a

Medium or High NIST SP 800 -171 DoD Assessment, as described in NIST SP 800 -171 DoD Assessment Methodology at https://www.acq.

osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html, if necessary.

(d) Procedures. Summary level scores for all assessments will be posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.

csd.disa.mil/) to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. A contractor may submit, via encrypted email, summary level scores of Basic Assessments conducted in

accordance with the NIST SP 800 -171 DoD Assessment Methodology to webptsmh@navy.mil for posting to SPRS.

(i) The email shall include the following information:

(A) Version of NIST SP 800 -171 against which the assessment was conducted.

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract --

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system

security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171.

(ii) If multiple system security plans are addressed in the email described at paragraph (b)(1)(i) of this section, the Contractor shall use

the following format for the report:

System security plan CAGE codes 

supported by this plan

Brief description of the 

plan architecture Date of assessment Total score Date score of 110 will achieved
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SPE3S1-21-D-Z230

System security plan CAGE codes 

supported by this plan

Brief description of the 

plan architecture Date of assessment Total score Date score of 110 will achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each

system security plan assessed:

(i) The standard assessed (e.g., NIST SP 800 -171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity

Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171.

(e) Rebuttals.

(1) DoD will provide Medium and High Assessment summary level scores to the Contractor and offer the opportunity for rebuttal and

adjudication of assessment summary level scores prior to posting the summary level scores to SPRS (see SPRS User's Guide https://

www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf).

(2) Upon completion of each assessment, the contractor has 14 business days to provide additional information to demonstrate that they

meet any security requirements not observed by the assessment team or to rebut the findings that may be of question.

(f) Accessibility.

(1) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards

set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(2) Authorized representatives of the Contractor for which the assessment was conducted may access SPRS to view their own summary

level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/

SPRS_Awardee.pdf.

(3) A High NIST SP 800 -171 DoD Assessment may result in documentation in addition to that listed in this clause. DoD will retain and

protect any such documentation as ``Controlled Unclassified Information (CUI)'' and intended for internal DoD use only. The information will

be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of

Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged

or confidential).

(g) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts and other contractual

instruments, including subcontracts for the acquisition of commercial items (excluding COTS items).

(2) The Contractor shall not award a subcontract or other contractual instrument, that is subject to the implementation of NIST SP 800 -171

security requirements, in accordance with DFARS clause 252.204 -7012 of this contract, unless the subcontractor has completed, within the

last 3 years, at least a Basic NIST SP 800 -171 DoD Assessment, as described in https://www.acq.osd.mil/dpap/pdi/cyber/

strategically_assessing_contractor implementation_of_NIST_SP_800-171.html, for all covered contractor information systems relevant to

its offer that are not part of an information technology service or system operated on behalf of the Government.

(3) If a subcontractor does not have summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old

unless a lesser time is specified in the solicitation) posted in SPRS, the subcontractor may conduct and submit a Basic Assessment, in

accordance with the NIST SP 800 -171 DoD Assessment Methodology, to webptsmh@navy.mil for posting to SPRS along with the

information required by paragraph (d) of this clause.

(End of clause)

252.204-7021 CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL 

REQUIREMENT (NOV 2020) DFARS