SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000048586

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-16-Q-0018

5. SOLICITATION NUMBER

2016 JUL 15

6. SOLICITATION ISSUE 

 DATE

Jasmine Brown PSPTRAB

a. NAME

Phone: 215-737-2937

b. TELEPHONE NUMBER (No Collect

 calls)

2016 JUL 29

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

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

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311613

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

12. DISCOUNT TERMS 

 

13a. THIS CONTRACT IS A 

RATED ORDER UNDER 

DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

See Schedule

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

 

DATED . YOUR OFFER ON SOLICITATION 

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

1

SEE SCHEDULE

7. FOR SOLICITATION 

INFORMATION CALL:

SEE SCHEDULE

PAGE 1 OF 43

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

19. 

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR 

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)
 

 CONTINUED ON NEXT PAGE

SUPPLIES/SERVICES: 8905-01-654-0614

ITEM DESCRIPTION:

See p. 9, para. "III"

IAW BASIC DRAWING NR 14153 RE-016540614

REVISION NR DTD 04/20/2016

PART PIECE NUMBER:

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

0001 8905-01-654-0614 57,600.000 EA $ ________________ $ ________________ 

 BACON,SLICED 

 ,PRECOO 

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 2% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 60 DAYS ADO

PREP FOR DELIVERY:

PKGING DATA - MIL-STD-2073-1D, 15 DEC 1999

PRES MTHD:ZZ CLNG/DRY: PRESV MAT:ZZ

WRAP MAT: CUSH/DUNN MAT: CUSH/DUNN THKNESS:

UNITCONT:

PACK CODE: PACKING LEVEL: B

MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.

SPECIAL MARKING CODE: -

PALLETIZATION SHALL BEIN ACCORDANCE WITH MD00100452 REV B DATED JULY 01, 2008

PARCEL POST ADDRESS:

FOR TRANSPORTATION ASSISTANCE SEE DLAD 52.247-9034. FOR FIRST DESTINATION TRANSPORTATION (FDT) AWARDS SEE 

DLAD 52.247-9059 AND 

CONTRACT INSTRUCTIONS INSTEAD.

FREIGHT SHIPPING ADDRESS:

FOR TRANSPORTATION ASSISTANCE SEE DLAD 52.247-9034. FOR FIRST DESTINATION TRANSPORTATION (FDT) AWARDS SEE 

DLAD 52.247-9059 AND 

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SPE3S1-16-Q-0018
 

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SUPPLY/SERVICE: 8905-01-654-0614 CONT'D

CONTRACT INSTRUCTIONS INSTEAD.

GOVT USE

 External External External Customer RDD/ 

ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 1000048586 0001 N/A N/A N/A N/A 

*****************************************************************************************

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 43 PAGES

SPE3S1-16-Q-0018
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Form

Continuation of Blocks from SF 1449

1. Block 8

 Offer Due Date/Local Time: July 28, 2016 / 3:00 PM EST 

2. Block 9

 › Emailed quotes are authorized for this solicitation. 

Please email quotes to Jasmine Brown at Jasmine.Brown@dla.mil or Thomas Haley at Thomas.Haley@dla.mil

OR 

 › Address and Submit “mailed” offers to:

DLA Troop Support

ATTN: Jasmine Brown

FTRA- WS 6B117

Philadelphia, PA 19111

 

OR 

 › Transmit “facsimile” offers to: (215) 737-4115, 9301, 9302 or 9303

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

3. Block 17a

 › Offeror’s assigned Data Universal Numbering System (DUNS) Number:_______________

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

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

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

4. Block 17b

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

 ________________________________

 ________________________________

 ________________________________

5. Blocks 19-22

Line No.: 0001

NSN: 8905-01-654-0614

Nomenclature: Bacon, Pork, Shelf stable

Quantities: Minimum: 57,600 Cans

Estimated: 57,600 Cans

Maximum: 288,000 Cans

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CAUTION NOTICE – CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

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

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

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

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

measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to 

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

contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of 

interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-

3733)

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

2015); the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due 

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

organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations 

found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is 

included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer 

upon request by the contracting officer.

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INTRODUCTION

1) DLA Troop Support intends to award an indefinite delivery purchase order (IDPO) from this solicitation. This 

acquisition is being processed under the authority of FAR Part 13 and will utilize simplified procedures for 

soliciting competition, evaluation, and award documentation and notification that comply with FAR 13.1.

2) The resulting award shall be a Fixed-Price Indefinite Delivery Purchase Order, in accordance with reference 

DGPA 13.390. The resulting award will be a 1 year contract. The effective period will be the date of award 

through 365 days. NOTE: Deliveries might fall outside of the effective period.

3) Contracting officer may request product samples prior to award. All offerors must provide product samples 

within 7 days after date of request. Failure to do so may result in an unsuccessful quote. All samples must 

receive an acceptable rating in order to be considered for award.

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

Defense Depot Tracy

W62G2T 

W1BG DLA DISTRIBUTION 

25600 S. CHRISMAN ROAD

WAREHOUSE No. 30, Section 2 – UGR

TRACY, CA 95376-5000 US

5) iRAPT (Formerly Wide Area Workflow (WAWF))

ALL SUPPLIERS ARE REQUIRED TO PROCESS INVOICES ELECTRONICALLY THROUGH THE DLA 

INVOICING, RECEIPT, ACCEPTANCE, AND PROPERTY TRANSFER (iRAPT) SYSTEM formerly known as 

WAWF. iRAPT is a secure web based system for electronic invoicing, receipt, acceptance, and property 

transfer. iRAPT allows government vendors to submit and track invoices and receipt/acceptance documents 

over the web and allows government personnel to process those invoices in a real-time, paperless 

environment. It is also the only application that will be used to capture the Unique Identification (UID) of 

Tangible Items information. iRapt is in accordance with the 2001 National Defense Authorization Act (DFARS 

252.232-7003/252.232.7003 Electronic Submission of Payment Requests and Receiving Reports) which 

requires claims for payment under a Department of Defense Contract to be submitted in electronic form. As of 

March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation 

supplement (DFARS) to require use of the iRAPT formerly Wide Area Workflow as the only acceptable 

electronic system for submitting requests for payment (invoices and receiving reports) under DOD contracts. 

For access to the iRAPT formerly WAWF system, please go to the following website: https://wawf.eb.mil/.

6) System for Award Management (Formerly Central Contractor Registration)

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

consolidates the capabilities in SAM/FedReg, ORCA, and EPLS. Future phases of SAM will add the 

capabilities of other systems used in Federal procurement and awards processes. ALL VENDORS MUST 

REGISTER OR UPDATE THEIR PROFILE IN THE “SYSTERM FOR AWARD MANAGEMENT” (SAM) 

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

and there must be at least one individual listed as the Electronic Business Point of Contact (EB POC) in SAM.

To register or update profile please go to the SAM website at: http://www.sam.gov

7) This solicitation is issued using Low Price Technically Acceptable (LPTA) Source Selection procedures. The 

Government intends to award to the responsible offeror that adheres to the solicitation requirements, provides 

a technically acceptable product demonstration model (if requested), and offers the lowest price.

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8) Quotes:

-Due to the time sensitive nature of this UGR Component, quotes received after closing will NOT be 

considered.

-Prices shall be formatted using no more than two decimal places. Ex: $XX.XX

9) Notice to Offerors:

Offerors should complete all required data within the solicitation and return ALL pages with their offer.

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TECHNICAL/QUALITY DATA

I. SECTION RESERVED

II. INSPECTION AND ACCEPTANCE REQUIREMENTS

A. For the purposes of Inspection/Acceptance and Shipment/Delivery, a manufacturer’s “lot” shall be considered no greater 

than a single shift’s production. 

Note: When product is being delivered to Tracy Depot in California, lot numbers will not be mixed on the same pallet.

B. OPTIONAL CONTRACTOR TESTING is provided by the alternate inspection requirements of DLAD 52.246-9024, 

Alternative Inspection Requirements for Selected Items.

III. ITEM DESCRIPTION

The below listed item descriptions include the required technical specification for this acquisition.

NSN: 8905-01-654-0614

Item Description: Bacon, Pork, Shelf stable, Precooked, sliced, smoky, salty, cured, cooked bacon odor and 

flavor; NAMP item 540 (18-22 slices per pound before cooking); no foreign odor or flavor; typical bacon color; 

skinless, fully cooked and placed layout style with edges abutting on sheets of parchment or commercial style 

food grade paper with ovenable, grease proof and wet-strength characteristics; minimum 36 month shelf life; 

commercially packaged, heat treated in #300 can; 9 ounces net weight. Product shall meet all general and 

detailed specs of the NAMP meat buyers guide. 

(For Unitized Group Ration Heat and Serve and Unitized Group Ration-B or M.)

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

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

Defense Logistics Agency

DLA Troop Support

Ms. Ramona Hemphill, Food Technologist

ATTN: FTSC

700 Robbins Avenue, Philadelphia, PA 19111-5092

Telephone: (215-737-2986)

e-mail: Ramona.Hemphill@dla.mil

IV. TRACEABILITY

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

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

permanent and legible.

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

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

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

containers and the contract data markings upon delivery. Package codes (to include time per case lot number shall be identified on the 

appropriate accompanying DD Form 250 upon delivery.

Additionally, the contractor shall ensure that traceability records include identifying ALL ingredients and ALL sources for those 

ingredients. This shall be accomplished for the each item, brand and component that is shipped to the Defense Depot (Assembler) for 

the Unitized Group Ration Programs.

This information shall be made available within 24 hours.

V. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

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

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

(APR 2014), and as clarified by the Armed Forces Food Risk Evaluation Committee, 31 JAN 1996, all Operational Ration Food 

Components will originate from sanitarily approved establishments. Acceptable sanitary approval is constituted by listing in the 

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"Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement," published by the U.S. Army Institute of Public 

Health (USAIPH), or an establishment inspected and approved by the U.S. Department of Agriculture (USDA) or the U.S. Department 

of Commerce (USDC) and possessing a USDA/USDC establishment number. This requirement applies to all GFM and CFM 

Operational Ration Food Components and to all Operational Ration types. Requests for inspection and "Directory" listing by USAIPH 

will be routed through DLA Troop Support-FTSC for coordination and action. Situations involving sole sources of supply, proprietary 

supply sources, and commercial Brand Name items will be evaluated directly by the Chief, DLA Troop Support-FTSC, in coordination 

with the Chief, Approved Sources Division, USAIPH.

SANITARY CONDITIONS

(a) Food establishments.

(1) All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are subject to sanitation 

approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the 

Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, 

processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such 

unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in 

an appropriate Government directory as a sanitarily approved establishment when required. Accordingly, the supplier agrees that, 

except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in establishments 

listed in the U.S. Army Institute of Public Health (USAIPH) Circular 40-1, Worldwide Directory of Sanitarily Approved Food 

Establishments for Armed Forces Procurement, (Worldwide Directory) (available at: 

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx). Compliance with the current edition of DoD 

Military Standard 3006A, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide 

Directory. Suppliers also agree to inform the Contracting Officer immediately upon notification that a facility is no longer sanitarily 

approved and/or removed from the Worldwide Directory and/or other Federal agency’s listing, as indicated in paragraph (2) below. 

Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

(2) Establishments furnishing the products listed below and appearing in the publications indicated need not be listed in the worldwide 

directory. Additional guidance on specific listing requirements for products/plants included in or exempt from listing is provided in 

Appendix A of the worldwide directory.

(i) Meat and meat products and poultry and poultry products may be supplied from establishments which are currently listed in the 

“Meat, Poultry and Egg Inspection Directory,] published by the United States Department of Agriculture, Food Safety and Inspection 

Service (USDA, FSIS), at http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory . The item, to be acceptable, shall, on 

delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield and applicable establishment number. 

USDA listed establishments processing products not subject to the Federal Meat and Poultry Products Inspection Acts must be listed in 

the Worldwide Directory for those items.

(ii) Intrastate commerce of meat and meat products and poultry and poultry products for direct delivery to military installations within the 

same state (intrastate) may be supplied when the items are processed in establishments under state inspection programs certified by 

the USDA as being “at least equal to” the Federal Meat and Poultry Products Inspection Acts. The item, to be acceptable, shall, on 

delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the inspection 

agency and applicable establishment number.

(iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and Egg Grading 

Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/poultry/grading.htm.

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

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

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

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

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

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

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

(USDC, NOAA) (available at: seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on delivery, bear on the product, its 

wrappers or shipping container, as applicable, the full name and address of the producing facility.

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

higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk 

Shippers” (IMS), published by the U.S. Department of Health and Human Services, Food and Drug Administration (USDHHS, FDA) at

http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm. These plants may serve as sources of 

pasteurized milk and milk products as defined in Section I of the “Grade ‘A’ Pasteurized Milk Ordinance” (PMO) published by the 

USDHHS, FDA at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htm.

(vii) Manufactured or processed dairy products only from plants listed in Section I of the “Dairy Plants Surveyed and Approved for 

USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: 

http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022 ) may serve as sources of manufactured or processed dairy 

products as listed by the specific USDA product/operation code. Plants producing products not specifically listed by USDA 

product/operation code must be Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not shredded cheddar; 

or, plant is coded for cubed cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and 

processing) must be Worldwide Directory listed.

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(viii) Oysters, clams and mussels from plants listed in the “Interstate Certified Shellfish Shippers Lists” (ICSSL), published by the 

USDHHS, FDA at http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm.

(3) Establishments exempt from Worldwide Directory listing. Refer to AR 40-657/NAVSUPINST 4355.4H/MCO P1010.31H, 

Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be exempt from 

Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 

22312 ; 1-888-584-8332 ; or download from web site: http://www.apd.army.mil/pdffiles/r40_657.pdf ) For the most current listing of 

exempt plants/products, see the Worldwide Directory (available at: 

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx).

(4) Subsistence items other than those exempt from listing in the Worldwide Directory, bearing labels reading “Distributed By”, 

“Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is indicated on the label or on 

accompanying shipment documentation.

(5) When the Military Medical Service or other Federal agency acceptable to the Military Medical Service determines the levels of food 

safety and food defense of the establishment or its products have or may lead to product contamination or adulteration, the Contracting 

Officer will suspend the work until such conditions are remedied to the satisfaction of the appropriate inspection agency. Suspension of 

the work shall not extend the life of the contract, nor shall it be considered sufficient cause for the Contractor to request an extension of 

any delivery date. In the event the Contractor fails to correct such objectionable conditions within the time specified by the Contracting 

Officer, the Government shall have the right to terminate the contract in accordance with the “Default” clause of the contract.

(b) Delivery conveyances.

The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and /or 

adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The delivery 

conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary conditions of the 

delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or the delivery 

conveyance is not equipped to maintain prescribed temperatures, or the transport results in product ‘unfit for intended purpose’, 

supplies tendered for acceptance may be rejected without further inspection.

VI. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS

All Shipping Containers and Unit Loads shall be clearly marked, in accordance with DLA Troop Support Form 3556 entitled “Marking 

Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semi-perishable Subsistence, dated April 2016, with the following 

information on two adjacent sides of the load with the largest characters possible as follows: 

Unitized Ration Component

National Stock Number

Item Name

Date of Pack and Lot Number

Number of Shipping Containers per Pallet

Contract Number

Contractor’s name and Address

Inspection Test Date (ITD)

Note: For the Inspection Test Date, the expected shelf life is found in the applicable solicitation/contract. To calculate the ITD, add the 

shelf life value to the month/year date of pack.

Example, if the Date of Pack is June 2007, and the shelf life is 36 months (3 years), then the ITD is computed as follows: 6/07 + 3 years 

= 6/10. If labels are used, they shall be permanently affixed with water-resistant adhesive tape.

Shipments without the appropriate Shipping Container and Unit Load Markings will be rejected and returned to origin, or at the 

Contracting Officers discretion, reworked at a labor rate determined by the destination activity (not DLA Troop Support).

VII. UNITIZATION

Unit loads shall have the shipping containers arranged on a 40 inch by 48 inch commercial wood or

plywood four-way entry pallet, or on a 48 inch by 40 inch Grocery Manufacturers of America wood four-way entry pallet. The load shall 

be bonded with non-metallic strapping, shrink or stretch film, or others means that comply with carrier rules and regulations applicable 

to the mode of transportation (adhesive bonding is not acceptable).

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

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

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

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

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

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NOTE: The unit load dimensions are 40 inches in length by 48 inches in width and 50 inches in height (Please note: In the 

height dimension, this includes the 1-3/8" slave board that the pallet and material are placed on).

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

VIII. QUALITY ASSURANCE PROVISIONS INSPECTION/ACCEPTANCE 

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

the finished product for compliance with contract requirements shall be in-plant 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).

IX. DATE OF PACK

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

of components/product from a producer to destination/assembly points shall not be older than 75 days at time of shipment.

X. REWORK OF NONCONFORMING PRODUCT PRE OR POST ACCEPTANCE

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

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

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

B. The Following Reworks Must Be Coordinated With the Supervisory GQAR and Approved By the Applicable DLA 

Troop Support-FTR Office.

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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 do not require a waiver request. However, foreign material discovered during in-house or 

GQAR/USDA end item inspection is cause for rejection of the lot. Rework request that result from foreign material identified during end 

item inspection of the in-house and/or GQAR/USDA requires prior approval from DLA Troop Support FTR. 

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.

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

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

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

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

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

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

100% primary container rework of the entire lot is conducted at source. 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”.

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

Nonconforming Supplies

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

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

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

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

for Rework for Residual Air for Apple Dessert)

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

b. Approval Required from DLA: Yes or No

c. Contractor Name/Address

d. Contract Number

e. Product Name

f. National Stock Number

g. Batch Number(s) (If Applicable)

h. Sublot(s) (If Applicable)

i. Lot Number(s)

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

k. Quantity

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

m. Sample Size; Defect; Accept/Reject

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

o. Inspection Failure (Summary of non-conformances)

p. Failure Identified: Processing, Packaging, End Item

q. Inspector: In-plant/Contractor or USDA

r. Date of Incident

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

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

incident)

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

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

why)

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

occurrence)

x. Estimated Cost

y. Effect on Delivery

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

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

information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. After any lot’s 

failure or rework, if the lot is reinspected, it will be both Contractor and Government inspected at the next higher sample size.

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.

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

 A. INTEGRATED PEST MANAGEMENT

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

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

initiation of production of Government product. The IPM plan and the associated pesticide labels and MSDS documents are not to be 

submitted to DLA Troop Support. The contractor shall have those documents available for on-site review during a Quality Systems 

Management Visit (QSMV) or Quality Systems Compliance Audit. In addition, evidence of an insect or rodent infestation, or 

contamination involving any end item will be cause for rejection of the involved lot. IPM program requirements can be found on the DLA 

Troop Support website at: http://www.troopsupport.dla.mil/subs/support/quality/ipm-cpaf.pdf

 B. FOOD DEFENSE PLAN

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

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

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

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

include preventive steps taken to safeguard product from intentional tampering/contamination during all stages of receipt, production, 

storage, assembly, delivery, and shipment. Areas of concern listed in this checklist must be addressed in the plan. The Food Defense 

Plan will be received, reviewed, rated, and kept on record in the Quality Audits & Product Protection Branch (DTA Troop SupportFTSB). Note: Points will be deducted for not responding to a question with a YES, NO, N/A or for not providing the information 

requested (e.g., establishment registration information). To download a copy of the DLA Troop Support Food Defense Checklist go to 

http://www.troopsupport.dla.mil/subs/fs_check.pdf or contact the applicable DLA Troop Support Contracting Officer or the Quality Audits 

& Product Protection Branch (DLA Troop Support-FTSB). 

(End of Tech/Quality Data)

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) FAR

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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 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, contract line item number and, if applicable, the order number; 

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

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(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. 

(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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—

Other Than Central Contractor Registration), 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 contract 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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. 

(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 32.608-2 of the Federal 

Acquisition Regulation in effect on the date of this contract. 

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(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. 

(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. 3701, 

et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts 

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) Central Contractor Registration (CCR). 

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of 

any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the 

Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the 

Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information 

in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and 

conditions of this contract and is not a substitute for a properly executed contractual document. 

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the 

contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding 

novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a 

minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the 

requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. 

The Contractor must provide with the notification sufficient documentation to support the legally changed name. 

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at 

paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR 

information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect 

information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. 

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to 

reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately 

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registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by 

EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the 

“Suspension of payment” paragraph of the EFT clause of this contract. 

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through 

https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. 

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

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

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

intermediate assemblies, end products, and supply lots. FAR 52.246-2 provides a basis for the Government’s right to perform Product 

Verification Testing (PVT), which is a requirement on any resulting contract(s). PVT is addressed in DLAD clause 52.246-9004. Each 

clause is contained in full text elsewhere in the solicitation.

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

 (c) Changes.

 

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

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

(i) Method of shipment or packing;

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

 

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

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

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

 the contract.

 

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

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

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

 before final payment of the contract.

 

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

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

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

52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) 

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

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

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

resolving the dispute. 

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

documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) 

clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation 

with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions 

with the Contracting Officer before determining ADR to be inappropriate. 

 I. The offeror should check here to opt out of this clause: [ ] Alternate wording may be negotiated with the Contracting Officer.

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

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

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

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

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

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

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

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

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

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

following which the Government repurchases the terminated supplies or services together with any incidental or consequential 

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

such termination shall be deemed a termination for convenience.

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

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

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

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

of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 

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

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

 Add the following paragraph:

 (a) Definitions.

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

required for the conduct of business with the Government.

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

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

entity; or

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

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

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

to identify unique business entities.

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

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

assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds 

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

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

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

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

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

sections of the registration in the SAM database; 

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

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

part of the SAM registration process; and

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

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - 

COMMERCIAL ITEMS (MAR 2016) FAR

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

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

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

items:

[Contracting Officer check as appropriate.]

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_X__ 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 

4704 and 10 U.S.C. 2402).

_X__ 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

_X__ 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).

___ 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 

6101 note).

___ [Reserved]

___ 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, 

section 743 of Div. C).

_X__ 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or 

Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). 

_X__ 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ [Reserved]

___ (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_X__ (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror 

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

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ [Reserved]

___ (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

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___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

___ 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small 

Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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

Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

_X__ 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__X_ 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X__ 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

__X_ (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X__ 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of 

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

___ (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.)

___ (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.

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

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (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__ 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 

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

109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by 

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

___ 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as 

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

___ 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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

___ 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 

3332).

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

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

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

U.S.C. 2631).

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

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

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

acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

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

Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

206 and 41 U.S.C. chapter 67).

___ 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).

___ 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).

___ 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, 

Audit and Records -- Negotiation.

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

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

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

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

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

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

settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or 

relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) 

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that 

offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) 

exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in 

lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance 

with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xii) 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.)

(xiii) 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)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 

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

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow 

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

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

and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.213-9010 INDEFINITE DELIVERY PURCHASE ORDER (IDPO) EVALUATION (SEP 2012) DLAD

 

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CLAUSES ADDED TO PART 12 BY ADDENDUM

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

 

252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS (OCT 2015) DFARS

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 

internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully 

reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or 

agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered 

by this clause are no longer in effect. 

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, 

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

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any 

other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title 

VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government 

determines that the Contractor is not in compliance with the provisions of this clause. 

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the 

terms and conditions of the contract as a result of Government action under this clause. 

(End of clause)

52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR

 

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR

 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

 

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS

 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2015) 

DFARS

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, 

misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in 

which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of 

information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or 

indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility 

locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other 

commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on 

the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical 

information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD 

Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully 

publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and 

that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support 

of the performance of the contract; and

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(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security 

process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan 

and act effectively so as to guarantee failure or unacceptable consequences for friendly mission 

accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or 

other information whose export could reasonably be expected to adversely affect the United States national 

security and nonproliferation objectives. To include dual use items; items identified in export administration 

regulations, international traffic in arms regulations and munitions list; license applications; and sensitive 

nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or 

dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., 

privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or 

potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes 

in a manner that maintains the integrity of the data.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have 

adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, 

Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic 

disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an 

information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, 

intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the 

Armed Forces in a contingency operation.

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS

252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this 

solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and 

associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item 

identifications, data sets, studies and analyses and related information, and computer software executable code and source 

code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all 

covered contractor information systems that support the performance of work under this contract. To provide 

adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems 

including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology 

(IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the security requirements 

specified in the clause 252.239-7010, Cloud Computing Services, of this 

contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall 

be subject to the security requirements specified elsewhere in this contract; or

(ii) For covered contractor information systems that are not part of an IT service or system 

operated on behalf of the Government and therefore are not subject to the security 

requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology 

(NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified 

Information in Nonfederal Information Systems and Organizations,” 

http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the 

solicitation is issued or as authorized by the Contracting Officer, as soon as 

practical, but not later than December 31, 2017. The Contractor shall notify the 

DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of 

any security requirements specified by NIST SP 800-171 not implemented at the 

time of contract award; or

(B) Alternative but equally effective security measures used to compensate for 

the inability to satisfy a particular requirement and achieve equivalent protection 

accepted in writing by an authorized representative of the DoD CIO; and

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(2) Apply other information systems security measures when the Contractor easonably determines that 

information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may 

be required to provide adequate security in a dynamic environment based on an assessed risk or 

vulnerability.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or 

the covered defense information residing therein, or that affects the contractor’s ability to perform the 

requirements of the contract that are designated as operationally critical support, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, 

including, but not limited to, identifying compromised computers, servers, specific data, 

and user accounts. This review shall also include analyzing covered contractor information 

system(s) that were part of the cyber incident, as well as other information systems on the 

Contractor’s network(s), that may have been accessed as a result of the incident in order 

to identify compromised covered defense information, or that affect the Contractor’s ability 

to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and 

shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor 

or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information 

on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection 

with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the 

Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor 

shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this 

clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident 

report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the 

Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a 

forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting 

Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with 

paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect 

against the unauthorized use or release of information obtained from the contractor (or derived from information 

obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including 

such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor 

shall identify and mark attributional/proprietary information. In making an authorized release of such information, the 

Government will implement appropriate procedures to minimize the contractor attributional/proprietary information 

that is included in such authorized release, seeking to include only that information that is necessary for the 

authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is 

obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not 

created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including 

with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a 

contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party 

Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is 

obtained from the contractor (or derived from information obtained from the contractor) under this clause that is 

created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to 

be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for 

any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based 

restrictions on the Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the 

interception, monitoring, access, use, and disclosure of electronic communications and data.

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(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this 

clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting 

pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a 

result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for 

operationally critical support, or for which subcontract performance will involve a covered contractor 

information system, including subcontracts for commercial items, without alteration, except to identify the 

parties; and

(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents 

directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report 

number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon 

as practicable.

(End of clause)

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

 

(b) The permissible variation shall be limited to: 

2 Percent increase 

0 Percent decrease 

This increase or decrease shall apply to The total item quantity for each destination .

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

 

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS

** **

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site 

specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI 

processes in lieu of military or Federal specifications or standards:

(Offeror insert information for each SPI process)

SPI Process: 

__________________________________________________ 

Facility: 

__________________________________________________ 

Military or Federal Specification or Standard: 

__________________________________________________ 

Affected Contract Line Item Number, Subline Item Number, Component, or Element: 

_________________________________________________

 

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 5,000 Cans, 

the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 100,000 Cans ; 

(2) Any order for a combination of items in excess of ; or 

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph 

(b)(1) or (2) of this section. 

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition 

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement 

exceeds the maximum-order limitations in paragraph (b) of this section. 

(d ) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order 

limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written 

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notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the 

Government may acquire the supplies or services from another source. 

(End of clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The 

quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. 

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor 

shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity 

designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in 

the Schedule as the “minimum.” 

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders 

that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. 

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the 

Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations 

with respect to that order to the same extent as if the order were completed during the contract’s effective period ; provided, that the 

Contractor shall not be required to make any deliveries under this contract after 1/1/2018 

(End of clause)

252.216-7006 ORDERING (MAY 2011) DFARS

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the 

individuals or activities designated in the contract schedule. Such orders may be issued from date of award through final expiration 

date [insert dates].

** **

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

 

52.246-9039 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES (NOV 2011) DLAD

(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, symbol, or other 

representation that the end item or any part of it has been produced or manufactured for the United States Government. Removal or 

obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. The Contractor, in making disposition 

in commercial channels of rejected supplies, is responsible for compliance with requirements of the Federal Trade Commission Act (15 

United States Code (U.S.C.) 45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal 

or State laws and regulations promulgated pursuant thereto.

(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration of government 

identifications within 72 hours of rejection of nonconforming supplies including supplies manufactured for the Government but not 

offered or supplies transferred from the Government's account to the cold storage Contractor's account at origin or destination. (For 

product rejected at destination and returned to the Contractor's plant, the 72 hour period starts with the time of Contractor receipt of 

returned product). After removal or obliteration is accomplished and prior to disposition, the Contractor must notify the Government 

inspector.

(End of Clause)

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

 

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (DEC 1989) FAR

(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged 

separately. This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish 

sufficient data in paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will 

be based on the shipping characteristics submitted by the offeror whose offer produces the highest transportation costs or in the 

absence thereof, by the Contracting Officer’s best estimate of the actual transportation costs. If the item shipping costs, based on the 

actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the contract 

price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which 

would have been incurred if the evaluated shipping characteristics had been accurate. 

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(1) To be completed by the offeror: 

(i) Type of container: 

Wood Box [ ], Fiber Box [ ], Barrel [ ], Reel [ ], 

Drum [ ], 

Other (specify) 

_________________________________________________; 

(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], 

Nested [ ], 

Other (specify)

_________________________________________________; 

(iii) Size of container: 

_____” (Length),  ́ _____” (Width),  ́ _____” (Height) = 

_____ Cubic Ft; 

(iv) Number of items per container ________________ each; 

(v) Gross weight of container and contents __________ Lbs; 

(vi) Palletized/skidded [ ] Yes [ ] No; 

(vii) Number of containers per pallet/skid _______________; 

(viii) Weight of empty pallet bottom/skid and sides 

_____________________________________________ Lbs; 

(ix) Size of pallet/skid and contents 

________________________________________________

Lbs Cube ________________________________________; 

(x) Number of containers or pallets/skids per railcar _____ * 

(A) Size of railcar __________________________________ 

(B) Type of railcar _________________________________

(xi) Number of containers or pallets/skids per trailer _____* 

(A) Size of trailer _________________________________ Ft 

(B) Type of trailer _________________________________ 

* Number of complete units (contract line item) to be shipped in carrier's equipment. 

(2) To be completed by the Government after evaluation but before contract award: 

(i) Rate used in evaluation: ; 

(ii) Tender/Tariff: ; 

(iii) Item: .

(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation 

requirements, which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the 

purpose of evaluating offers and establishing any liability of the successful offeror for increased transportation costs resulting from 

actual shipping characteristics which differ from those used for evaluation in accordance with paragraph (a) of this clause. 

(End of clause)

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA (APR 2014) DFARS

 

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD

 

52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

 

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon 

request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at 

this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ . 

(End of Clause)

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) FAR

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation 

is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (DFARS) (48 CFR Chapter 2) clause with an authorized 

deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

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252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations 

(EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term 

includes:

(1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense 

services, and related technical data, and further defined in the ITAR, 22 CFR Part 120.

(2) “Items,” defined in the EAR as “commodities”, “software”, and “technology,” terms that are also defined in the 

EAR, 15 CFR 772.1.

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not 

limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor 

shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with 

the Department of Commerce regarding any questions relating to compliance with the EAR.

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists 

independent of, and is not established or limited by, the information provided by this clause.

(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal 

laws, Executive orders, and regulations, including but not limited to—

(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);

(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);

(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);

(4) The Export Administration Regulations (15 CFR Parts 730-774); 

(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and

(6) Executive Order 13222, as extended.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.

(End of clause)

52.246-9044 SANITARY CONDITIONS (APR 2014) DLAD

 

Part 12 Provisions

52.212-01 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (OCT 2015)

 

Addendum to 52.212-1:

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

 1. Paragraph (b), Submission of Offers.

 a. Delete the 1st sentence and substitute the following:

 Submit signed and dated offers as specified on page 3 of this solicitation at Block 9 on or before the exact due date/local time as specified 

on page 3 at Block 8. [ ] Facsimile offers are NOT authorized for this solicitation. [ X ] Facsimile offers are authorized for this solicitation. 

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

solicitations, may be excluded from consideration. Facsimile offers must contain the required signatures. The Government reserves the right to 

make award solely on the facsimile offer. However, if requested to do so by the Contracting Officer, the apparently successful offeror agrees to 

promptly submit the complete original signed proposal. The Government will not be responsible for any failure attributable to the transmission or

receipt of the facsimile offer.

 

 b. SUBMISSION REQUIREMENTS: Offerors are required to submit the completed solicitation, the pricing proposal and the past performance 

information. A cover letter may accompany the proposal to set forth any information you wish to bring to the attention of the solicitation SPE3S1-16-

Q-0018 to the Government. Offeror is required to submit one original proposal. 

1.0 Past Performance

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

contact address, telephone number, average dollar amount of the contract per annum, period of performance, and a description of the items provided. For 

government contracts, provide the government agency, point of contact, telephone number, contract number, dollar value, period of performance, and a 

sample listing of the items provided. 

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

etc) experienced in the past two years for the customers reported in response to commercial accounts listed above and for prior Government contracts, were 

handled and remedied. 

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

reserve the right to contact other contractor accounts, both commercial and Governmental, that are not provided in the proposal for the purpose of 

reviewing past performance.

 2. Paragraph (c), Period for acceptance of offers.

 Change “30 calendar days” to read “180 calendar days”.

 3. Paragraph (d), Product samples: Add the following:

Product samples are not required at time of submission of proposals, however the Government reserves the right to request product samples 

when needed to verify the product’s technical acceptability pertaining to, but not limited to, packaging, shelf life and organoleptic quality. All 

offerors are required to provide, in the technical and pricing proposal, the brand/label of all items offered.

When Product Samples are required, they shall be submitted at no expense to the Government. Product samples will become the property 

of the Government and will not be returned to the offeror. Failure to submit Product samples when requested may result in rejection of an offer. 

The Product Samples shall be submitted to:

a. Four Product Samples shall be sent to Natick: 

 Natick 

 RDNS-SEC-F 

 Bldg. 36, Rm E107

 ATTN: Jill M. Bates

 15 Kansas St.

 Natick, MA 01760-5056

b. Four Product Samples shall be sent to:

 DLA Troop Support

 Directorate of Subsistence, Building 6

 ATTN: FTRE, Ramona Hemphill, 6B113 for Sol# SPE3S1-16-Q-0018

700 Robbins Ave.

Philadelphia, PA 19111-5092

52.212-03 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (NOV 2015) FAR

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications 

electronically via https://www.acquistion.gov If an offeror has not completed the annual representations and certifications electronically 

at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. 

(a) Definitions. As used in this provision—

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

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

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

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

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

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

does not offer himself voluntarily; or 

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

penalties. 

“Inverted domestic corporation” as used in this section, but now is incorporated in a foreign country, or is a subsidiary whose parent 

corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C 395(b), applied in accordance with the rules 

and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted 

domestic corporation as defined by the Internal Revenue code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies; 

(3) FSG 88, Live Animals; 

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(4) FSG 89, Food and Related Consumables; 

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

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

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

(8) FSC 9610, Ores; 

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

(10) FSC 9630, Additive Metal Materials. 

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

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

place of reassembly is not the place of manufacture. 

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

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended. 

“Sensitive technology” –

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

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

size standards in this solicitation. 

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation. 

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

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

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

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

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

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

operations are controlled by one or more women. 

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

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

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

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

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

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

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

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

automatically change the representations and certifications posted on the Online Representations and Certifications Application 

(ORCA) website. 

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at 

https://www.acquistion.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the 

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

Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this

solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this 

offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. 

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

solicitation only, if any.

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

the date of this offer.

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

certifications posted on ORCA.] 

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

outlying areas. Check all that apply. 

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

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

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

business concern. 

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

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

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

paragraph (c)(1) of this provision.] 

The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as 

defined in 13 CFR 124.1002. 

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

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

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

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

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

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

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

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

venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small 

businesses that are in the joint venture: __________________________.] Each WOSB concern elibible under the WOSB Program 

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

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

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

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

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

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

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

name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: 

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

EDWOSB representation. 

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

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

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

a women-owned business concern. 

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

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

than 50 percent of the contract price:____________________________________

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small 

Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status 

and Reporting, and the offeror desires a benefit based on its disadvantaged status.] 

(i) General. The offeror represents that either—

(A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, 

on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search 

database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has 

occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net 

worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable 

exclusions set forth at 13 CFR 124.104(c)(2); or 

(B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be 

certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is 

pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. 

(ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as 

part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in 

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

[The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: 

______________________________.]

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) 

of this provision.] The offeror represents, as part of its offer, that—

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

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

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

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

paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. 

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

_______________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a

separate signed copy of the HUBZone representation. 

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

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

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

solicitation; and 

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

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

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action 

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

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

regulations of the Secretary of Labor. 

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

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

funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a 

Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection 

with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on 

behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, 

Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or 

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

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

Supplies, is included in this solicitation.) 

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

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

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

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

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

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

“Buy American Act—Supplies.” 

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary] 

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

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

American Act—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) 

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

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

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

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

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

of this solicitation entitled “Buy American Act—Free Trade Agreements–Israeli Trade Act.” 

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

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

American Act—Free Trade Agreements—Israeli Trade Act”: 

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

Products) or Israeli End Products:

Line Item No. Country of Origin

(List as necessary] 

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

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

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

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

Other Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

Canadian End Products:

Line Item No.

(List as necessary)

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

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

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

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

End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

Other End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

requirements of the solicitation. 

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

simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its 

principals—

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

any Federal agency; 

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

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

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

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

violating Federal criminal tax laws, or receiving stolen property; 

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

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

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

amount that exceeds $3,000 for which the liability remains unsatisfied. 

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

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

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

determined until all judicial appeal rights have been exhausted. 

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

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

(ii) Examples. 

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

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

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

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

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

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

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

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

all judicial appeal rights. 

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

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

payment. 

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

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

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

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

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

(1) Listed end products.

Listed End Product Listed Countries of Origin

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

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

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

manufactured in the corresponding country as listed for that product. 

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

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

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

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

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

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

response to this solicitation is predominantly—

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

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

(2) ( ) Outside the United States. 

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance 

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

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

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

not certify that—

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

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

of normal business operations; 

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

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

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

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

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

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

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

operations; 

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

(d)(2)(iii)); 

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

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

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

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

used for these employees and equivalent employees servicing commercial customers. 

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

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

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

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

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

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

information to a central contractor registration database to be eligible for award.) 

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

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

regulations issued by the Internal Revenue Service (IRS). 

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

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

4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN. 

(3) Taxpayer Identification Number (TIN). 

( ) TIN: ________________________________. 

( ) TIN has been applied for. 

( ) TIN is not required because: 

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

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

United States; 

( ) Offeror is an agency or instrumentality of a foreign government; 

( ) Offeror is an agency or instrumentality of the Federal Government. 

(4) Type of organization. 

( ) Sole proprietorship; 

( ) Partnership; 

( ) Corporate entity (not tax-exempt); 

( ) Corporate entity (tax-exempt); 

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

( ) Foreign government; 

( ) International organization per 26 CFR 1.6049-4; 

( ) Other ________________________________. 

(5) Common parent. 

( ) Offeror is not owned or controlled by a common parent; 

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( ) Name and TIN of common parent: 

Name ________________________________. 

TIN _________________________________. 

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

restricted business operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations. 

(1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted 

domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874.

(2) Representation. By submission of its offer, the offeror represents that –

(i) it is not an inverted domestic corporation; and

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

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

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

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

provision, by submission of its offer, the offeror—

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

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

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

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

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

exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property 

of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially 

Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). 

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

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

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

(End of provision) 

52.212-03 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (MAR 2015), ALT I (OCT 2014) 

FAR

As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: 

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(8) of this provision.) 

The offeror shall check the category in which its ownership falls: 

[ ] Black American. 

[ ] Hispanic American. 

[ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). 

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

Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), 

Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, 

Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). 

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

Maldives Islands, or Nepal). 

[ ] Individual/concern, other than one of the preceding.

PROVISIONS ADDED TO PART 12 BY ADDENDUM

 

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS

 

52.207-04 ECONOMIC PURCHASE QUANTITY - SUPPLIES (AUG 1987) FAR

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are 

requested in this solicitation is (are) economically advantageous to the Government. 

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________ 

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an

economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An 

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economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different 

quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

ITEM __________________________________________________________________________________________

QUANTITY______________________________________________________________________________________

PRICE QUOTATION ______________________________________________________________________________

TOTAL ________________________________________________________________________________________

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the 

Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or 

cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government’s 

requirements indicate that different quantities should be acquired. 

(End of provision) 

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL 

OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that 

Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or 

State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered 

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

the Government. 

(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or 

State law within the preceding 24 months.

(End of provision)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY 

CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the 

funds made available by that Act may be used to enter into a contract with any corporation that-

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

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

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

of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

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

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

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

(b) The Offeror represents that-

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

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

with the authority responsible for collecting the tax liability,

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

months.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE, EMERGENCY PREPAREDNESS, AND ENERGY 

USE PROGRAM (APR 2008) FAR

Any contract awarded as a result of this solicitation will be ( ) DX rated order; ( X ) DO rated order certified for national defense use 

under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the C ontractor will be required to follow all of the 

requirements of this regulation. [Contracting Officer check appropriate box.] 

52.211-9011 DELIVERY TERMS AND EVALUATION (APR 2014) DLAD

 

252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012) DFARS

 

52.215-9023 REVERSE AUCTIONS (OCT 2013) (DLAD)

The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price discussions under this solicitation. If the 

Contracting Officer does not conduct a reverse auction, award may be made on the basis of initial offers or following discussions not 

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using reverse auctioning as a pricing technique. If the Contracting Officer decides to use on-line reverse auctioning to conduct price 

negotiations, the Contracting Officer will notify offerors of this decision and the following provisions will apply.

(a) The award decision will be made in accordance with the evaluation factors as set forth in the solicitation. The reverse on-line auction 

will be used as a pricing technique during discussions to establish the final offered prices from each offeror. These prices will be used in 

conjunction with the evaluation factors stated elsewhere in the solicitation in order to make the award decision in accordance with the 

basis for award stated in the solicitation.

(b) Following the decision to conduct discussions using on-line reverse auctioning as a pricing technique, the Contracting Officer or 

his/her representative will provide offerors determined to be in the competitive range with information concerning the on-line auction 

process. The Government intends to use a commercial web-based product to conduct the reverse auction.

(c) Prior to or simultaneously with conducting the on-line reverse auction, the Contracting Officer may hold discussions with the offerors 

concerning matters appropriate for discussion, such as issues involving technical proposals or unbalanced pricing.

(d) The lowest offeror’s price(s) for each round of the reverse auction will be disclosed to other offerors and anyone else having 

authorized access to the on-line auction. This disclosure is anonymous, meaning that each offeror’s identity will be concealed from 

other offerors (although it will be known to the Government; only a generic identifier will be used for each offeror’s proposed pricing,

such as “Offeror A” or “lowest-priced offeror”). By submitting a proposal in response to the solicitation, offerors agree to participate in 

the reverse auction and that their prices may be disclosed, including to other offerors, during the reverse auction.

(e) The reverse auction system currently in use designates offers as "Lead," meaning the current low price in that auction, or "Not 

Lead," meaning not the current low price in that auction. In the event of a tie offer, the reverse auction provider's system designates the 

first offer of that price as "Lead" and the second or subsequent offer of that price as "Not Lead." Offerors shall not submit a tie offer, 

since this is inconsistent with the purpose of the reverse auction. If a tie offer is submitted, the "Not Lead" offeror that submitted the tie 

offer must offer a changed price; it will be ineligible for award if the final price in the auction is the tie offer price.

(f) An offeror's final auction price at the close of the reverse auction will be considered its final proposal revision. No price revisions will 

be accepted after the close of the reverse auction, unless the Contracting Officer decides that further discussions are needed and final 

proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307, or the Contracting Officer 

determines that it would be in the best interest of the Government to re-open the auction.

(g) The following information is provided regarding the procedures to be followed if a reverse auction is conducted.

(1) Each offeror identified by the Contracting Officer as a participant in the reverse auction will be contacted by Defense Logistic 

Agency’s commercial reverse auction service provider to advise the offeror of the event and to provide an explanation of the process.

(2) In order for an Offeror to participate in the reverse auction, such offeror must agree with terms and conditions of the entire 

solicitation, including this provision, and agree to the commercial reverse auction service provider’s terms and conditions for using its 

service. Information concerning the reverse auction process and the commercial service provider’s terms and conditions is embedded 

within the email notification sent by the on-line reverse auction pricing tool system administrator.

(3) Offerors shall secure the passwords and other confidential materials provided by the commercial reverse auction service provider or 

the Government and ensure they are used only for purposes of participation in the reverse auction. Offerors shall keep their own and 

other offerors’ pricing in confidence until after contract award.

(4) Any offeror unable to enter pricing through the commercial reverse auction service provider’s system during a reverse auction must 

notify the Contracting Officer or designated representative immediately. The Contracting Officer may, at his/her sole discretion, extend 

or re-open the reverse auction if the reason for the offeror’s inability to enter pricing is determined to be without fault on the part of the 

offeror and outside the offeror’s control.

(5) The reverse auction will be conducted using the commercial reverse auction service provider’s website as embedded in the email 

notification. Offerors shall be responsible for providing their own computer and internet connection.

(6) Training:

(i) The commercial reverse auction service provider and/or a Government representative will provide familiarization training to offerors’ 

employees; this training may be provided through written material, the commercial reverse auction service provider’s website, and/or 

other means.

(ii) An employee of an offeror who successfully completes the training shall be designated as a 'trained offeror.' Only trained offerors 

may participate in a reverse auction. The Contracting Officer reserves the right to request that offerors provide an alternate offeror 

employee to become a 'trained offeror.' The Contracting Officer also reserves the right to take away the 'trained offeror' designation 

from any trained offeror who fails to abide by the solicitation’s or commercial reverse auction service provider’s terms and conditions.

(End of Provision)

52.233-9000 AGENCY PROTESTS (NOV 2011) DLAD

 

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SPE3S1-16-Q-0018
52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) DLAD

****

(c) The offeror should check here to opt out of this clause: 

[ X ]. Alternate wording may be negotiated with the contracting officer. 

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (DEC 2015) DFARS

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in

clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber 

Incident Reporting, shall be implemented for all covered defense information on all covered contractor information 

systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology (IT) service or system 

operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements 

specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, 

“Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see 

http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 

that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror 

shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a 

written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to 

compensate for the inability to satisfy a particular requirement and achieve 

equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary 

from NIST SP 800-171 requirements in writing prior to contract award. Any accepted 

variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) - FAR

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full 

text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may 

include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those 

provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or 

offer. Also, the full text of a solicitation provision may be accessed electron ically at this/these address(es): 

http://www.dla.mil/Acquisition and http://farsite.hil.af.mil/ .

(End of Provision)

52.252-05 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) FAR

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is 

indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any DoD FAR Supplement (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is 

indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

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