SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
2. CONTRACT NO.
DECA02-01-D-0001-P00023
7. FOR SOLICITATION
INFORMATION CALL:
9. ISSUED BY
DEFENSE COMMISSARY AGENCY
RESALE CONTRACTING DIVISION PSMC
1300 E AVENUE
FORT LEE VA 23801-1800
3. AWARD/EFFECTIVE DATE
01-Dec-2000 a. NAME
THERESA C ASTRAN
CODE
HDEC02
4. ORDER NUMBER
1. REQUISITION NUMBER
HQCWGQ0157EGGS
10. THIS ACQUISITION IS
UNRESTRICTED
8(A)
5. SOLICITATION NUMBER
DECA02-00-R-0020 b. TELEPHONE NUMBER (No Collect Calls)
(804) 734-9897
11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
X SET ASIDE: 10 % FOR
X SMALL BUSINESS
SMALL DISADV. BUSINESS
SEE SCHEDULE
PAGE 1 OF 33
6. SOLICITATION ISSUE DATE
29-Aug-2000
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 29 Sep 2000
12. DISCOUNT TERMS
NET 7 DAYS
13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
13b. RATING
SIC: 0252
TEL: 14. METHOD OF SOLICITATION
SIZE STANDARD: $9.0M
FAX: RFQ IFB X RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a.CONTRACTOR/ OFFEROR CODE 44719 18a. PAY MENT WILL BE MADE BY CODE HQ0104
NEST BEST EGG COMPANY
BOB DOMINIC
P O BOX 45743
SAN FRANCISCO CA 94145-0743
DEFENSE FINANCE & ACCOUNTING SVC "EFT:
COLUMBUS CENTER
ATTN: DFAS-BVDV/CC
P O BOX 182047
COLUMBUS OH 43218-2047
TEL. (503) 981-8194
FACILITY
CODE
44719
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
SUCH ADDRESS IN OFFER
19. ITEM NO.
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
BELOW IS CHECKED X SEE ADDENDUM
20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
SEE SCHEDULE
25. ACCOUNTING AND APPROPRIATION DATA
See Schedule
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
26. TOTAL AWARD AMOUNT
$1,266,318.64 EST
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 HEREIN.
30a. SIGNATURE OF OFFEROR/CONTRACTOR
29. AWARD OF CONTRACT: REFERENCE DECA02-00-R-0020
X
OFFER DATED 29-Sep-2000 . Y OUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE
31a.UNITED STATES OF AMERICA
(SIGNATURE OF CONTRACTING OFFICER)
31c. DATE SIGNED
25-Oct-2000
30b. NAME AND TITLE OF SIGNER
(TYPE OR PRINT)
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
30c. DATE SIGNED
ACCEPTED, AND CONFORMS TO THE
CONTRACT, EXCEPT AS NOTED
32b. SIGNATURE OF AUTHORIZED GOVT.
REPRESENTATIVE
32c. DATE
31b. NAME OF CONTRACTING OFFICER
SHEILA NORFUS / CONTRACTING OFFICER
TEL: 804-734-8889
(TYPE OR PRINT)
EMAIL: sheila.norfus@deca.mil
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT
41b. SIGNATURE AND TITLE OF
CERTIFYING OFFICER
41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD)
39. S/R VOUCHER NUMBER
42d. TOTAL CONTAINERS
40. PAID BY
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)
Prescribed by GSA
FAR (48 CFR) 53.212

DECA02-01-D-0001
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Page 2 of 33
Section SF 30 - BLOCK 14 CONTINUATION PAGE
52.217-4500 OPTION TO EXTEND C
1. Change the following to :
52.217-4500 Option to Extend Contract Delivery (Nov 1999)
The Government may require continued performance of delivery of any supplies within the limits and at the prices specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.
The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.
2. Extend performance to December 31, 2004.
NEST BEST TABLE
Nest Best Extra Large 1 Dozen
Broadview Extra Large 1 Dozen
Nest Best Large 1 Dozen
Broadview Large 1 Dozen
0-71469-11141-5
0-75121-01240-9
0-71469-11143-9
0-75121-01260-7
Broadview Large Pulp 1 Dozen
Nest Best Large 1.5 Dozen
0-75121-01241-6
0-71469-11123-1
Broadview Large 1.5 Dozen 0-75121-01247-8
Broadview Large Pulp 1.5 Dozen 0-75121-01246-1
Horizon Organics 1 Dozen 7-42365-02411-5
Large Brown
(.08)
(.08)
(.08)
(.08)
(.08)
(.08)
(.08)
(.08)
$2.39
Firm fixed
Price
(.05)
(.05)
(.05)
(.05)
(.05)
(.05)
(.05)
(.05)
$2.42
Proposed Firm
Fixed Price
.03
.03
.03
.03
.03
.03
.03
.03
.03
SMBUS DELEGATION a.
Incorporated Annual Commerical Small Business Subcontracting Plan for January 1, 2008 - December 31,
2008 in accordance with FAR 19.705-5 (a) (5). b.
Delegated contract administration of the Small Business Subcontracting Plan to the Defense Contract
Management Agency’s Small Business Center, 3009 112 th, NE, Suite 200, Bellevue, WA 98004.
c. All other terms and conditions remain unchanged.
CLAUSES INCORPORATED BY FULL TEXT

DECA02-01-D-0001
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Page 3 of 33
52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES
(DEC 2004)
(a) Definition. As used in this clause--
United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American
Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).
Notice to Employees
Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.
If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.
For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:
National Labor Relations Board
Division of Information
1099 14th Street, N.W.
Washington, DC 20570
1-866-667-6572
1-866-316-6572 (TTY)
To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.
(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.
(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or
(g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470,
Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.
(e) The requirement to post the employee notice in paragraph (b) does not apply to--
(1) Contractors and subcontractors that employ fewer than 15 persons;

DECA02-01-D-0001
P00023
Page 4 of 33
(2) Contractor establishments or construction work sites where no union has been formally recognized by the
Contractor or certified as the exclusive bargaining representative of the Contractor's employees;
(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the
United States in which the law of that jurisdiction forbids enforcement of union-security agreements;
(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant
Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the
Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--
(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and
(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or
(5) Work outside the United States that does not involve the recruitment or employment of workers within the United
States.
(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--
(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-
Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC
20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal
Contract Compliance Programs;
(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or
(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.
(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of
Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations,
Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United
States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of clause)

Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES
0001
GROUP I:
MAX
QUANTITY
UNDEFINED
FFP
BANGOR WA
BREMERTON WA
FT LEWIS WA
MCCHORD WA
SMOKEY POINT WA
WHIDBEY ISLAND WA
UNIT UNIT PRICE
$0.00
OPTION YEAR TWO PERFORMANCE PERIOD: DECEMBER 1, 2002
THROUGH NOVEMBER 30, 2003.
FOB: Destination
PURCHASE REQUEST NUMBER: HQCWGQ0157EGGS
MAX
NET AMT
DECA02-01-D-0001
P00023
Page 5 of 33
MAX AMOUNT
UNDEFINED
UNDEFINED

ITEM NO
0001AA
SUPPLIES/SERVICES MAX
QUANTITY
584,780
EGGS, FRESH, SHELL-PROTECTED
FFP
UNIT
Carton
US CONSUMER GRADE A
WHITE EXTRA LARGE 1 DOZEN CARTON
ESTIMATED CARTONS:
BANGOR WA 17,280
FT LEWIS WA 181,500
MCCHORD WA 286,000
SMOKEY POINT WA 100,000
SPECIAL FACTOR:
OPTION YEAR (2) $ -.08
UPC: 071469-11141
FOB: Destination
PURCHASE REQUEST NUMBER: HQCWGQ0157EGGS
UNIT PRICE
$0.86
MAX
NET AMT
ACRN AA
DECA02-01-D-0001
P00023
Page 6 of 33
MAX AMOUNT
$502,910.80 EST
$502,910.80 (EST.)
$502,910.80

ITEM NO
0001AB
SUPPLIES/SERVICES MAX
QUANTITY
244,976
EGGS, FRESH, SHELL-PROTECTED
FFP
US CONSUMER GRADE A
WHITE LARGE 1 1/2 DOZEN CARTON
ESTIMATED CARTONS:
BANGOR WA 30,240
SMOKEY POINT WA 50,000
WHIDBEY ISLAND WA 164,736
UNIT
Carton
SPECIAL FACTOR:
OPTION YEAR (2) $ -.08
UPC: 071469-11123
FOB: Destination
PURCHASE REQUEST NUMBER: HQCWGQ0157EGGS
UNIT PRICE
$1.24
MAX
NET AMT
ACRN AA
DECA02-01-D-0001
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Page 7 of 33
MAX AMOUNT
$303,770.24 EST
$303,770.24 (EST.)
$303,770.24

ITEM NO
0001AC
SUPPLIES/SERVICES MAX
QUANTITY
570,312
EGGS, FRESH, SHELL-PROTECTED
FFP
US CONSUMER GRADE A
WHITE LARGE 1 DOZEN CARTON
ESTIMATED CARTONS:
BANGOR WA 21,600
BREMERTON WA 56,160
FT LEWIS WA 154,000
MCCHORD WA 130,000
UNIT
Carton
SMOKEY POINT WA 85,000
WHIDBEY ISLAND WA 123,552
SPECIAL FACTOR:
OPTION YEAR (2) $ -.08
UPC: 071469-11143
FOB: Destination
PURCHASE REQUEST NUMBER: HQCWGQ0157EGGS
UNIT PRICE
$0.80
MAX
NET AMT
ACRN AA
DECA02-01-D-0001
P00023
Page 8 of 33
MAX AMOUNT
$456,249.60 EST
$456,249.60 (EST.)
$456,249.60

DECA02-01-D-0001
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Page 9 of 33
MAX AMOUNT ITEM NO
0001AD
SUPPLIES/SERVICES MAX
QUANTITY
1,400
EGGS, FRESH, SHELL-PROTECTED
FFP
FOB: Destination
UNIT
Carton
UNIT PRICE
US CONSUMER GRADE A
BROWN, ORGANIC, HORIZON LARGE, 1 DOZEN CARTON
(FIRM FIXED PRICE)
ESTIMATED CARTONS:
FT LEWIS WA 1,400 DZ PER YR
UPC: 7-42365-02411
$2.42
MAX
NET AMT
$3,388.00
$3,388.00
CLIN
0001
0001AB
MINIMUM
QUANTITY
0001AD
0001AA
0001AC
$
$
$
$
MINIMUM
AMOUNT
$
MAXIMUM
QUANTITY
$
$
$
$
MAXIMUM
AMOUNT
$

DECA02-01-D-0001
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Page 10 of 33
CLIN INSPECT AT
0001 N/A
0001AA Destination
0001AB Destination
0001AC Destination
0001AD N/A
INSPECT BY ACCEPT AT
N/A
Government
N/A
Destination
Government
Government
N/A
Destination
Destination
N/A
CLIN DELIVERY DATE
0001 POP 01-DEC-2000 TO
30-JUN-2008
0001AA POP 01-DEC-2000 TO
30-JUN-2008
0001AB N/A
0001AC N/A
0001AD N/A
QUANTITY
N/A
N/A
N/A
N/A
N/A
AA: 97x4930 4k00 0 4646074 P1710000.00 033150
AMOUNT: $1,262,930.64
CLAUSES INCORPORATED BY REFERENCE
52.219-6
52.219-16
Notice Of Total Small Business Set-Aside
Liquidated Damages-Subcontracting Plan
CLAUSES INCORPORATED BY FULL TEXT
SHIP TO ADDRESS
N/A
FOB: Destination
N/A
FOB: Destination
N/A
N/A
N/A
JUN 2003
JAN 1999
ACCEPT BY
N/A
Government
Government
Government
N/A
UIC
N/A
N/A
N/A

DECA02-01-D-0001
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Page 11 of 33
52.211-16 VARIATION IN QUANTITY (APR 1984)
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.
(b) The permissible variation shall be limited to:
Percent increase
Percent decrease
This increase or decrease shall apply to .
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2007)
(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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(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.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995)
(41 U.S.C. 253g and 10 U.S.C. 2402).
___ (2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).
___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (4) [Removed].
___ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-6.
___ (iii) Alternate II (MAR 2004) of 52.219-6.
___ (6)(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.

DECA02-01-D-0001
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___ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).
___ (8)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2007) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (OCT 2001) of 52.219-9
___(iii) Alternate II (OCT 2001) of 52.219-9.
___ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
__ (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP
2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (JUNE 2003) of 52.219-23.
___ (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting
(OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)
(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)
(U.S.C. 657 f).
___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C.
632(a)(2)).
___ (16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
___ (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2007) (E.O. 13126).
___ (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
___ (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
___ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other
Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
___ (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29
U.S.C. 793).
___ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
___ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)
(E.O. 13201).
___(24)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).
___ (ii) Alternate I (AUG 2007) of 52.222-50.

DECA02-01-D-0001
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___ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG
2000) (42 U.S.C. 6962(c)(3)(A)(ii)).
___ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)).
___ (26) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).
___ (27)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-
10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).
___ (ii) Alternate I (JAN 2004) of 52.225-3.
___ (iii) Alternate II (JAN 2004) of 52.225-3.
___ (28) 52.225-5, Trade Agreements (AUG 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (29) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).
___ (30) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (AUG 2006) (42 U.S.C. 5150).
___ (31) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (AUG 2006) (42 U.S.C.
5150).
___ (32) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10
U.S.C. 2307(f)).
___ (33) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
___ (34) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31
U.S.C. 3332).
___ (35) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY
1999) (31 U.S.C. 3332).
___ (36) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).
___ (37) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
___ (38)(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.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
____ (1) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005) (41 U.S.C. 351, et seq.).
____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).

DECA02-01-D-0001
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____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and
Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29
U.S.C. 206 and 41 U.S.C. 351, et seq.).
____ (5) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007)(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 paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (SEP 2006) (38 U.S.C. 4212).
(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).
(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O.
13201).
(vi) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).
(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

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(viii) 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)
52.212-4503 COMMERCIAL ITEMS PROVISION AND CLAUSE EFFECTIVE DATES (JUN 29, 2001)
The undated provisions and clauses in this document are those in effect through the following:
Publication:
Federal Acquisition Circular (FAC)
DFARS Change Notice
Defense Commissary Agency
Acquisition Regulation
Supplement (DeCAARS)
Defense Commissary Agency
Number:
97-27
01-03
20001213
Change 1
Date:
Apr 25, 2001
Dec 13, 2001
Apr 30, 1999
Feb 27, 2001
Acquisition Letter (DeCAAL)
52.215-6 PLACE OF PERFORMANCE (OCT 1997)
(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, ( ) intends, ( ) does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.
(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:
Place of Performance(Street Address, City, State, County, Zip Code)
Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent
(End of provision)
52.216-18 ORDERING. (OCT 1995)
(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 Schedule. Such orders may be issued from through
[insert dates].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

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(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
(End of clause)
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than (insert dollar figure or quantity), 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 ( insert dollar figure or quantity);
(2) Any order for a combination of items in excess of (insert dollar figure or quantity); or
(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(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) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(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

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(End of clause)
52.216-4512 RESPONSIBILITY FOR ISSUANCE AND ADMINISTRATION OF ORDERS (MAY 1998)
Orders may be placed against this contract by the Contracting Officer or authorized ordering officers located within the commissaries. Orders may be placed orally, electronically or in writing. Orders issued against this contract will be administered by the person who placed the order. Ordering Officers are authorized to modify orders and perform all administrative functions pertaining to such orders, including termination of orders due to late deliveries and other product nonconformances. However, administration of the contract and all terms and conditions therein, is the responsibility of the Contracting Officer.
52.216-4513 BASE PRICE AND SPECIAL FACTOR (EGGS) (DEC 03)
The Unit Price for each item shall be comprised of two parts: the Base Price (market price using the Urner Barry
Index) and the Special Factor set forth in the contract.
(a) The Base Price shall be established using the Tuesday edition of the (published prior to delivery) that is published weekly by . If the quotation lists a range of prices, the Base Price shall be the lowest figure of the range. If only one price is listed instead of a range of prices, that price shall apply. In the event quotations are not published, the Base Price shall be established using the previous Tuesday publication.
(b) The size of the eggs shall determine the price quotation used as the Base Price, e.g., the extra large quotation shall be the Base Price for extra large eggs. The applicable size egg quotation on the shall be used for white eggs and the applicable size egg quotation on the shall be used for brown eggs. Calculation of the Base Price for other than a dozen shall be determined as follows:
(1) The Base Price for 6 count eggs shall be determined by multiplying the quotation for the applicable size eggs (12 count) by .5.
(2) The Base Price for 18 count eggs shall be determined by the quotation for the applicable size eggs (12 count) by 1.5.
For payment purposes the Base Price shall be calculated prior to applying the special factor.
(c) The Special Factor shall be established as the amount designated by the Contract to be added to or subtracted from the Base Price as defined in (a) and (b) above. The Special Factor is a fixed amount, per line item, that is not subject to change. The Special Factor is the Contractor's estimated costs, to include profit, and delivery of the specified end product. The Special Factor shall be expressed in terms of whole cents per 6 count, 12 count or 18 count rather than a percentage and can be annotated as either a plus (+), minus (-) or a zero “.00.”
(d) APPLICABLE FOR SUBMISSION OF OFFERS. Contractors shall determine the Special Factor and shall be specified as either a plus (+), minus (-) or zero “.00.” The Special Factor shall be expressed in terms of cents not to exceed two decimal places. The Special Factor shall represent the amount to be added to, subtracted from, or zero to the Base Price to determine the unit price for each specified end product. If the Contractor’s offer is the Base
Price (market price), the Contractor shall indicate this by annotating a “.00” as the special factor. In this case, the
Base Price will constitute the Contractor’s Unit Price.
(e) FOR EVALUATION PURPOSES. The Base Price from the edition of the publications referenced in
(a) and (b) above and the Special Factors offered by the Contractor and accepted by the Government, as specified in the contract itself, will constitute the unit price that will be used for the base year and all option years.

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52.217-4500 OPTION TO EXTEND CONTRACT DELIVERY (AUG 2004)
The Government may require continued delivery of any supplies within the limits and at the prices specified in the contract. This option provision may be exercised more than once, but the total extension of the delivery period hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor prior to expiration of the contract delivery period.
(End of Clause)
52.217-4501 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (JUL 2003) a. The Government may extend the term of this contract by written notice to the Contractor at least prior to expiration of the current contract period; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension. b. If the Government exercises this option, the extended contract shall be considered to include this option provision. c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed .
52.228-4500 LIABILITY TO THIRD PERSONS (APR 1997)
The contractor shall be responsible for and hold the Government harmless from all claims on the part of persons not a party to this contract for personal injury, death, and property loss or damage caused in whole or in part by the fault or negligence of the contractor, his officers, agents, or employees in the performance of work under this contract.
52.232-4500 DELIVERY TICKET INVOICE (DTI) PROCEDURES (APR 2000)
(a) As an alternative to submission of invoices to the designated paying office, the Contractor may elect to use the delivery ticket furnished at the time of delivery as its invoice. If the Contractor elects the delivery ticket method of invoicing, the following procedures shall apply:
(1) The delivery ticket/invoice (DTI) shall be furnished at the time of delivery to the specified delivery location
(e.g., commissary, central distribution center). Two copies (original and one copy) of the DTI shall be furnished.
(2) The delivery ticket shall serve as both the receipt and the invoice for bill paying purposes.
(3) A separate invoice shall not be submitted to the designated paying office/Service Center.
(4) The Contractor's DTI must comply with paragraphs (g) and (i) of FAR 52.212-4, Contract Terms and
Conditions--Commercial Items. Failure to comply with the requirements of these paragraphs may result in rejection of the supplier's DTI and delay payment.
(5) Each DTI will cover a single delivery (i.e., multiple deliveries may not be rolled up into a single DTI).

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(6) When billing periods (rollups) apply, the DTIs provided with each delivery will be accumulated by the
Government, and a consolidated payment will be made for all deliveries received and accepted during each billing/rollup period.
(b) The contractor / / does / / does not elect to use the DTI method of invoicing.
(c) Contractors electing to use DTI procedures shall furnish the following information:
Remittance Address:
________________________________________________________________
________________________________________________________________
________________________________________________________________
(The remittance address must match the remittance address on each delivery ticket.)
__________________________________________ Point of Contact:
Telephone Number: __________________________________________
52.232-4502 REQUIRED SUBMISSION OF ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION
(MAR 2001)
(a) Reference FAR 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration, which is incorporated by reference in FAR 52.212-5.
(b) In addition to the requirement for registration in the Central Contractor Registration (CCR) (see DFARS
252.204-7004), the Contractor shall provide EFT information in accordance with 52.232-34(j), to the office in paragraph (e) of this clause, not later than 15 days prior to submission of the first request for payment.
(c) With submission of the EFT information, the Contractor shall also provide to the office in paragraph (e), the information provided to CCR at the time of registration and the applicable contract number or other procurement identification number, such as vendor code.
(d) In the event that EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database, as well as the designated office in paragraph (e) of this clause.
(e) Designated Office:
Defense Finance and Accounting Service (DFAS) Columbus Center
ATTN: DFAS-CO-ADQR
P O Box 369019
Columbus, OH 43236-9019
Telephone Number: 1-800-756-4571
Fax Numbers: (614) 693-5078 or (614) 693-6540

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52.232-4503 REMIT TO ADDRESS (OCT 1995)
Remit to address (if other than Contractor/Offeror address on the face of this contract):
Address:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Point of Contact for invoice inquiries: ____________________________________
Telephone Number: ___________________________________________________
52.242-4500 ADMINISTRATION OF CONTRACT (OCT 1995)
All contract administration will be effected by the Defense Commissary Agency, . No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting
Officer.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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):
[www.com]
(End of clause)
252.204-7004 CENTRAL CONTRACTOR REGISTRATION (52.204-7) ALTERNATE A (SEP 2007)
(a) Definitions. As used in this clause--
“Central Contractor Registration (CCR) 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--

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(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 Numbering 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 4character 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 CCR 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 CCR database” means that--
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;
(2) The Contractor's CAGE code is in the CCR database; and
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue Service, and has marked the records ``Active.'' The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
"DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number-
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and Zip Code.
(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

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(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible 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.
(g)
(1)
(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 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 of the FAR; 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 (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or changeof-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.
(2) 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 FAR Subpart 32.8, Assignment of
Claims). Assignees shall be separately 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.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.
(End of clause)

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252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (APR 2007)
(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.
___ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).
(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR
Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items or components.
(1) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.
2416).
(2) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).
(3) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (APR 2007) (15 U.S.C. 637 note).
(4) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a-10d, E.O.
10582).
(5) ___ 252.225-7012, Preference for Certain Domestic Commodities (JAN 2007) (10 U.S.C. 2533a).
(6) ___ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).
(7) ___ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.
2533a).
(8) ___ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public
Law 107-117 and the same restriction in subsequent DoD appropriations acts).
(9) ___ 252.225-7021, Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
(10) ___ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.
2779).
(11) ___ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.
2755).
(12)(i) ___ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (MAR
2007) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (OCT 2006) of 252.225-7036.
(13) ___ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.
2534(a)(3)).
(14) ___ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native
Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent
DoD appropriations acts).

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(15) ___ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).
(16) ___ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).
(17) ___ 252.232-7003, Electronic Submission of Payment Requests (MAR 2007) (10 U.S.C. 2227).
(18) ___ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of
Public Law 108-375).
(19) ___ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).
(20)(i) ___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(ii) ___ Alternate I (MAR 2000) of 252.247-7023.
(iii) ___ Alternate II (MAR 2000) of 252.247-7023.
(iv) ___ Alternate III (MAY 2002) of 252.247-7023.
(21) ___ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).
(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public
Law 108-375).
(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(End of clause)
DOCUMENT TYPE DESCRIPTION PAGES DATE
DECA TECHNICAL DATA SHEET
DeCA TECHNICAL DATA SHEET FOR
U.S. CONSUMER GRADE A OR BETTER
RESALE FRESH OR PROTECTED SHELL EGGS
AUGUST 2000
1. REGULATORY REQUIREMENTS

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All delivered fresh/protected shell eggs must be classified to the grade and size outlined in the current edition of the
"Regulations Governing the Grading of Shell Eggs" and the "United States Standards, Grade, and Weight Classes for
Shell Eggs" (Title 7 of the Code of Federal Regulations, Part 56). Plant facilities, equipment, and all processing operations must comply with all USDA requirements.
2. PLANT APPROVAL
The Contractor warrants that the products to be delivered will be or have been produced in a plant which appears in the current USDA "List of Plants Operating Under USDA Poultry and Egg Grading Programs" or the "US Army
Veterinary Command Circular 40-1, Directory of Sanitarily Approved Food Establishments for Armed Forces
Procurement”.
3. PRODUCT DESCRIPTION
All shell eggs are to be fresh. All descriptions will include a Universal Product Code (UPC) for each item as designated by grade, size, and color. The Contractor will ensure that shell eggs are packed into containers destined for ultimate consumer use; be stored, transported, and displayed under refrigeration at ambient temperature of 45 degrees F (7.2 degrees C) or lower.
4. GRADE REQUIREMENTS/WEIGHT SPECIFICATION
Each lot of eggs will meet with origin requirements for US Consumer Grade and size specification as required in publications referenced in paragraph 1.
5. PACKING AND PACKAGING
Commercial packing made of pulp or foam is acceptable. Shell eggs must be in consumer size cartons holding 6,
12, 18, or 30 eggs. Cartons may be packed in standard commercial cases of the appropriate size and must be of sufficient strength and durability to keep breakage to a minimum
6. MARKING AND EXPIRATION DATE
Standard commercial markings are acceptable, except that each carton will be marked with a date of pack or sell by date ( i.e., MM-DD-YR ). Eggs will be delivered within 15 days of the date of pack.
7. OFFICIAL CERTIFICATION
A. When required, product shall be officially graded by a Poultry Division Representative of USDA prior to delivery. The contractor shall arrange and pay the necessary shell egg grading and certification services provided by the Poultry Programs of the USDA. Individual cartons carrying an official USDA grading shield may be accepted without a grading certificate.
B.
DeCA requires USDA Certified Eggs, however, when graders are not available non-USDA graded eggs are acceptable if purchased from an approved source and they are accompanied by a Certificate of
Conformance (COC) indicating that the eggs are equal to or better than U.S. Consumer Grade A Eggs.
8. INSPECTION AND ACCEPTANCE AT DESTINATION
A. Acceptance by the Government will be at destination, where the contractor will present the products delivered to the Medical Food Inspector (MFI) or a Commissary Officer's representative. To provide verification of compliance with sanitary, quality and wholesomeness standards as specified in the regulatory guidelines and the contract, Military Food Inspectors may inspect to determine acceptability using USDA's Destination Inspection
Level, when requested by the Ordering Officer.
B. Product must be transported in a clean enclosed vehicle. Vehicles shall be maintained in good sanitary condition. Product will be protected from cross-contamination at all times.
C.
The vendor, at no expense to the Government, will replace all damaged (i.e., checked, leaking or broken) eggs over the amount allowed by the USDA Requirements at Destination.

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D.
Date of pack must be stamped on each master container. The contractor must furnish the ordering officer key codes for all required marking prior to the first delivery. Any changes to the code must be provided, to the ordering officer before the changes are to take effect.
E.
Product that has been rejected by the ordering officer, based on the MFI results, may be re-inspected by the USDA Grading Service. The USDA re-inspection results will be sent to the Contracting Officer and Store Director and they will make the final determination of acceptance.
EXHIBITS AND ATTACHMENTS
EXHIBITS AND ATTACHMENTS
EXHIBIT NUMBER
A.
DELIVERY LOCATIONS/TIME FRAMES/DAYS
ATTACHMENT NUMBER
1.
2.
PAST PERFORMANCE SURVEY SHEET
SOLICITATION TABLE OF CONTENTS (SF 1449)
DELIVERY LOCATIONS/TIME/DAYS
EXHIBIT A
DELIVERY LOCATIONS/TIME FRAMES/DAYS
TIME FRAMES/FREQUENCY DAYS WESTERN-PACIFIC LOCATIONS
GROUP I:
(HQCWGM)
BANGOR NSB COMMISSARY
0600 TO 0900
TWO DAYS PER WEEK
TUESDAY AND FRIDAY
BLDG 2604
2604 OHIO STREET
SILVERDALE, WA 98315-2604
(360) 396-6050
(HQCWGN)
BREMERTON COMMISSARY
BLDG 990
0600 TO 1000
TWO DAYS PER WEEK
CODE 1325, PUGET SOUND NAVAL SHIPYARD
BREMERTON, WA 98314-5205
TUESDAY AND FRIDAY

(360) 405-1971/72/73
(HQCWGQ)
FORT LEWIS COMMISSARY
BLDG 5275
BOX 339500
FORT LEWIS, WA 98433-9500
(253) 967-3141/42
(HQCWGR)
577 LINCOLN BL VD
MCCHORD AFB COMMISSARY
BLDG 577
MCCHORD AFB, WA 98438-1316
(253) 984-2472
(HQCWJ3)
SMOKEY POINT COMMISSARY
BLDG 900
13900 45 TH AVENUE NE
MARYSVILLE, WA 98271
0600 TO 1000
0600 TO 0900
THREE DAYS PER WEEK
0500 TO 0800
TWO DAYS PER WEEK
THREE DAYS PER WEEK
(425) 304-3410
(HQCWGU) 0600 TO 0900
WHIDBEY ISLAND NAS COMMISSARY TWO DAYS PER WEEK
BLDG 2742
2090 N CORAL SEA AVENUE
OAK HARBOR, WA 98278-4600
(360) 257-3318
GROUP II:
(HQCWGP)
FAIRCHILD AFB COMMISSARY
BLDG 2464
0600 TO 0900
ONE DAY PER WEEK
105 EAST SPAATZ, SUITE 100
FAIRCHILD AFB, WA 99011-9045
(509) 244-5591, X-3028
(HQCWGL)
MALMSTROM AFB COMMISSARY
BLDG 1320
7228 4 TH AVENUE NORTH
MALMSTROM AFB, MT 59402-7510
(406) 452-6441/42
GROUP III:
(HQCKM7)
HILL AFB COMMISSARY
7451 6 TH STREET
HILL AFB, UT 84056-5704
0800 TO 1130
ONE DAY PER WEEK
0800 TO NOON
TWO DAYS PER WEEK
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MONDAY, WEDNESDAY,
AND FRIDAY
MONDAY, WEDNESDAY,
AND FRIDAY
TUESDAY AND FRIDAY
MONDAY AND THURSDAY
WESNESDAY
THURSDAY
MONDAY AND THURSDAY

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(801) 773-9770/71
ADDENDUM TO FAR 52.212-1
ADDENDUM TO FAR 52.212-1
INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS
This Addendum is provided to clarify and further elaborate on the terms and conditions of this solicitation and resultant contract(s). The Government intends to award on an ALL or NONE basis for each group. Offerors do not have to submit pricing for all groups; however, offerors MUST submit pricing for ALL line items in any group(s) which the offeror is seeking award. Further, offerors will be required to service ALL stores in the group(s) chosen for pricing. CLINS/GROUPS I and II are full and open competition, and CLIN/GROUP III is Small Business Set-
Aside.
1. All questions of a technical and/or contractual nature concerning this solicitation shall be submitted in writing so that they reach this office no later than 10 days prior to offer due date. A consolidated list of questions and answers, if applicable, may be provided to all prospective bidders as appropriate. Answers to questions will not alter the solicitation unless and until an amendment is made to the solicitation. Your questions may be addressed to
Defense Commissary Agency, Contract Management Business Unit, Subsistence Division/RAS, ATTN: Carol A.
Turner, 5258 Oaklawn Boulevard, Hopewell, VA 23860-7336.
2. To be considered for award of this contract, each offeror is required to submit the completed original, signed and dated offer to the office specified in this solicitation, at or before the exact time specified in this solicitation (see block 8, page 1 of the Standard Form (SF) 1449); to include any amendments that may be issued and other statements to offerors, along with three (3) copies of the technical proposal. All offered prices will be FOB-
Destination; offers for other than FOB-Destination may be rejected as unacceptable.
3. “CARTON” is the unit of issue; “UPC” indicates the Universal Product Code. The offeror must supply UPC codes for all line items selected in this solicitation.
4. TO SUBMIT AN OFFER: The required “fill-in” data is clarified herein as follows: a.
In block 17a of SF 1449, you are required to enter the ‘DUNS’ number that identifies offeror name/address exactly as stated in the offer. This information should also match information submitted for Central
Contracting Registration (CCR) and Electronic Funds Transfer (EFT) databases; these registrations are required for award eligibility (Registration information at DFARS 252.204-7004). b.
At Schedule of Supplies/Services, Group I through Group III, the offeror shall submit pricing on every SUB-CLIN within the selected CLIN group(s) for which offeror wishes to be considered for award. In all cases, “pricing” refers to the offeror’s “SPECIAL FACTOR”. Insert the special factor in the spaces marked
SPECIAL FACTOR directly below each line item description. Mark the special factor with a “+” (plus sign) or a
“-“ (minus sign) proceeding the intended numerical value that is to be calculated into the base price (market price); indicate a special factor for each option year, as well. The special factor will not exceed two (2) positions after the decimal. Enter a UPC in the space marked “UPC” at the end of each CLIN in the schedule for the group(s) chosen. c. Within the Provisions and Clauses section at 52.215-6, 252.212-7000, and 52.212-3 you are required to complete ALL Representations and Certifications, therein. d. At Remit To Address (52.232-4503) - if different from your Mail To Address – assure that

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The period of acceptance of offers is revised to 90 days.
5. EVALUATION FACTORS: Offerors must address the following evaluation factors in the proposal: a. TECHNICAL CAPABILITY: Each offeror must submit a written proposal that sufficiently addresses each specific factor listed below.
(1) EXPERIENCE: a. Provide information about your company; how many years you have been in business; whether you are a producer/manufacturer, or a distributor; describe your experience with perishable subsistence products with the Government and/or commercial supermarkets/grocery businesses. b. Describe your experience with producing/manufacturing, quality control, receiving, handling, processing, storing, packaging, preparing for shipment, and distributing (delivery) the same or similar items of the quantities required in this solicitation. c. Other information about your company: Any government contracts with commissaries, USDA,
Veterans Hospitals, Supermarkets, etc.; current business brochures or similar publications that provide the same or more information are acceptable in order to adequately evaluate your experience and capability in producing and/or supplying fresh, shell-protected eggs. d. Describe, if you are a distributor: What subcontractor will you utilize and the level of experience that this subcontractor has in providing this product to commercial supermarkets and/or governmental agencies. If you are a manufacturer, then answer in the above para 1 (a) (b) (c). e. Describe in detail, your plans to stay abreast of current technological advancements in this industry and how you will apply them to ongoing contracts.
(2) QUALITY CONTROL: a. Describe in detail, the quality control procedures you have in place that assures conforming items are being provided by your company and by all your subcontractors. b. Explain what credentials your quality control personnel have to implement your plan and the number of employees assigned to your quality control program. c. Describe the access to Management that your Quality Control personnel have when resolving disputes and the like. d. Is your facility an approved USDA source; if yes, for how long have you been approved? b. PAST PERFORMANCE:
1.
Each offeror must provide at least five (5) completed Past Performance Surveys from references with whom offeror has contracted business. Contracts should be active or performed within the last three (3) years.
Provide points of contact names, addresses, telephone and fax numbers, dollar value and description of contracts, for each reference. All Past Performance Surveys are subject to reference verification. References would provide information on the following:

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Quality History b.
Customer Satisfaction c.
Fill Rates d.
Timeliness of Deliveries
2.
Fill Rates: Provide your corporate “fill rates” in percentages for delivery of the same or similar products. Include data such as period covered, how the rate is calculated, and if the rate includes fills to a distributor, or to final destination. Percentages provided must be supported and data must be available in corporate records for future audit, if the Government deems necessary. Describe provisions for detecting and reducing situations that cause reduced quantities available for delivery, or cause an order not to be filled, or cause a delivery to be late. c. DISTRIBUTION/TRANSPORTATION PLAN: Describe the distribution system utilized to include how and where the products are warehoused/stored. Describe what type of transportation system you propose that will ensure the required products will be delivered in the time frames required to include the following: a.
Describe in detail your procedures used in determining what motor carrier(s) will be utilized and your relationship with the carrier(s) (i.e. length of time, dependability, competency, etc.). b.
Describe procedures on handling incidents involving breakdown of carrier(s) and how negative impact of a potentially late shipment or product spoliage will be minimized for the customer. present carrier(s). c.
Identify (if applicable) what types of agreements/contracts you have in place with d.
Provide flow charts, process charts, schematics or matrices that best describes your distribution system. e.
Provide in detail any plans you have in place for utilizing a subcontractor for distribution in transportation to assure delivery of quality goods. f.
Describe in detail what actions you have in place to ensure partial/short shipments are minimized. d. BACK-UP PLAN: a. Describe in detail what actions will be taken to minimize the negative impact of a potentially late shipment to the store(s). b. Describe in detail what your back-up plan is in the event the motor carrier cannot deliver or should a transportation problem occur.
6.
OFFEROR REPRESENTATIVES: The offeror will indicate those persons authorized to act on behalf of its company/firm as follows: a. AUTHORIZED SIGNATURES: The offeror represents the following person(s) as authorized to NEGOTIATE on its behalf with the Government in connection with this request for proposal:
NAME TITLE PHONE NUMBERS(S) FACSIMILE(S)
_____________________
_____________________
________________
________________
__________________
__________________
_______________
_______________

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_____________________ ________________ __________________ _______________ b. AUTHORIZED SIGNATURES: The offeror represents the following person(s) as authorized to SIGN the proposal on its behalf with the Government in connection with this request for proposal:
_____________________ _________________ __________________ ________________
_____________________
_____________________
ADDENDUM TO FAR 52.212-2
_________________
_________________
__________________
__________________
________________
________________
ADDENDUM TO FAR 52.212-2
EVALUATION - COMMERCIAL ITEMS
The Government will award contract(s) resulting from this solicitation, to the responsible offeror(s) whose offer conforms to the solicitation, that will be most advantageous to the Government; price and other factors considered.
The following factors will be used to evaluate offers: a.
Technical Capability (Experience and Quality Control) b.
Past Performance (Quality History, Customer Satisfaction, Fill Rates, and Timeliness of Deliveries) c.
Distribution and Transportation d.
Back-Up Plan
PRICE: Price reasonableness will be determined on each acceptable offer. The Contracting Officer will evaluate offerors’ prices by adding the total price for all line items per group. The total price will be determined on a per group basis.
RELATIVE IMPORTANCE OF EVALUATION FACTORS: a.
The evaluation factor of Technical Capability is slightly more important than Past Performance.
Within Technical Capability, the sub-factor Experience is equal to Quality Control in importance. b.
Past Performance is more important than Distribution and Transportation, and significantly more important than Back-Up Plan. Within Past Performance, the sub-factors Quality History, Customer
Satisfaction, and Fill Rates are equally important, but more important than Timeliness of Deliveries. c.
Price is as important as Technical Capability, Past Performance, Distribution and
Transportation, and Back-Up Plan, combined.
SOURCE SELECTION DECISION: The Best Value Tradeoff method of evaluation will be used to determine the contract awardee(s) under this solicitation per group. If the Contracting Officer considers a higher rated capability to be worth a higher price, then the more capable/higher priced offeror will be the better value and will be selected for award. If not, then a lower rated/lower priced offeror will be the better value and will be selected for award. Award will be made to a single supplier per group.

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SMALL BUSINESS SUBCONTRACTING PLAN: Do not submit a plan with your initial offer. If it is required by the Contracting Officer, you will receive notification. Small Business Subcontracting Plans are evaluated in accordance with FAR 19.704; evaluation occurs prior to contract award. Does not apply to CLIN/GROUP III.
NOTIFICATION: A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
EVALUATION OF OPTIONS: The Government will evaluate offers for award purposes by adding the total price for ALL options to the total price of the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
ADDENDUM TO FAR 52.212-4
ADDENDUM TO FAR 52.212-4
CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS
CONTRACT TYPE: Indefinite delivery/indefinite quantity, firm-fixed price with a special factor added to the weekly market price.
LOCATIONS/TIME/FREQUENCY OF DELIVERIES: The location, time and frequency, to which deliveries will be made are stated in Exhibit A. For unscheduled requirements, the Government requires delivery to be made within three (3) calendar days after date of order or on the next regular available commissary delivery date. For nonconforming products, the Government requires replacement products be delivered on the next day but not later than two (2) days after nonconformance(s) identified and reported. There will be no added expense to the
Government for nonconforming products/deliveries.
MINIMUM/MAXIMUM CONTRACT LIMITATIONS: The quantities in the solicitation schedule are annual estimates of the total quantities to be ordered throughout the delivery period. The minimum amount to be ordered against the contract resulting from the solicitation is twenty-five percent (25%) of the total estimated dollar value per year, including option years if exercised. The maximum contract limitation is the total quantity of items available under the contract that commissaries covered by the contract need to meet their requirements. Minimum and maximum amounts apply separately to the base year and option years.
INSPECTION/ACCEPTANCE OF NONCONFORMING SUPPLIES: Nonconforming supplies are supplies that are defective in material or workmanship, or are otherwise not in conformance with the contract requirements. a.
The Contracting Officer or Ordering Officer, in addition to the rights and remedies outlined in
52.212-4 (a) may, upon mutual agreement of an equitable price adjustment, accept the nonconforming supplies.
Failure to agree upon an equitable price reduction shall be a dispute. b.
The Contracting Officer may also charge the Contractor for any additional cost for inspection or test when prior rejection makes re-inspection or retest necessary.
BOSSY CARTS: The Contractor is required to provide bossy carts and/or pallets for commissaries which do not provide them. Stores that require contractor furnished bossy carts are listed below. Stores that require contractor

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The Contractor is required to load and unload the bossy carts and/or pallets at destination. The Contractor is not required to shelve the product at DeCA commissaries.
CONTRACTOR FURNISHED BOSSY CARTS AND/OR PALLETS
Group I - Bossy Carts: Bangor, Bremerton, Ft Lewis, McChord, Smokey Point, and Whidbey Island.
Group II - Pallets: Fairchild AFB. Contractor is required to stock from the pallets to store’s bossy carts.
- Pallets: Malmstrom AFB.