Solicitation - FA524022R0006.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On: 19 Apr 2022, 12:59 AM Central Standard Time

Section A - Solicitation/Contract Form

UH & CQ Facility Maintenance

Proposal Identifier: FA524022R0006 Date: 19 Apr 2022

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Qty Unit Unit Price

Amount

PHASE-IN MOBILIZATION

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

1 Months

BASE YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform Level of Service (LOS) 1 for Contingency Quarters (CQ) facilities in accordance with Performance Work Statement (PWS) Specification (Spec) Item number 1.2.1.

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

11 Months

000201

BASE YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform Emergency Direct Scheduled Work (DSW) in accordance with PWS Spec Item numbers 1.2.1.1 and 1.2.2.

000202

BASE YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform Preventative Maintenance (PM) in accordance with PWS Spec Item numbers 1.9 - 1.9.14.2 (excluding 1.9.13).

BASE YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform the Level of Service (LOS) 3 for Unaccompanied Housing (UH) Dormitories in accordance with PWS Spec Item number 1.2.1.

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

11 Months

000301

BASE YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform DSW in accordance with PWS Spec Item numbers 1.2.2 - 1.2.3.

000302

BASE YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform PM in accordance with PWS Spec Item numbers 1.9 - 1.9.14.2 (excluding 1.9.13).

000303

BASE YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform Pest Management in accordance with PWS Spec Item number 1.9.13.

BASE YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform Change of Occupancy (COM) for UH Dormitories in accordance with PWS Spec Item numbers 1.6.

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

100 Each

Option Line Item

FIRST OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform LOS 1 for CQ facilities in accordance with PWS Spec Item number 1.2.1.

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

12 Months

000501

FIRST OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform Emergency DSW in accordance with PWS Spec Item numbers 1.2.1.1 and 1.2.2.

000502

FIRST OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform PM in accordance with PWS Spec Item numbers 1.9 - 1.9.14.2 (excluding 1.9.13).

FIRST OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, Option Line Item supplies, materials, equipment, vehicles and services necessary to perform LOS 3 for UH Dorms in accordance with PWS Spec Item number 1.2.1.

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

12 Months

000601

FIRST OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform DSW in accordance with PWS Spec Item numbers 1.2.2 - 1.2.3.

000602

FIRST OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform PM in accordance with PWS Spec Item numbers 1.9 - 1.9.14.2 (excluding 1.9.13).

000603

FIRST OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform Pest Management in accordance with PWS Spec Item number 1.9.13.

Option Line Item

FIRST OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform COM for UH dormitories in accordance with PWS Spec Item number 1.6.

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

100 Each

Option Line Item

SECOND OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform LOS 1 for CQ facilities in accordance with PWS Spec Item number 1.2.1.

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

12 Months

000801

SECOND OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform

Emergency DSW in accordance with PWS Spec Item numbers 1.2.1.1 and 1.2.2.

000802

SECOND OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform PM in accordance with PWS Spec Item numbers 1.9 - 1.9.14.2 (excluding 1.9.13).

Option Line Item

SECOND OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform LOS 3 for UH Dormitories in accordance with PWS Spec Item number 1.2.1.

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

12 Months

000901

SECOND OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform DSW in accordance with PWS Spec Item numbers 1.2.2 - 1.2.3.

000902

SECOND OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform PM in accordance with PWS Spec Item numbers 1.9 - 1.9.14.2 (excluding 1.9.13).

000903

SECOND OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform Pest Management in accordance with PWS Spec Item number 1.9.13.

Option Line Item

SECOND OPTION YEAR RECURRING SERVICES

The Contractor shall provide all management, supervision, personnel, supplies, materials, equipment, vehicles and services necessary to perform COM for UH Dormitories in accordance with PWS Spec Item number 1.6.

Product Service Code: Z1JZ Basic Contract Line Item Number: 0001 Date: 23 Mar 2022 Pricing Arrangement: Firm Fixed Price

100 Each

Section C - Description/Specifications/Statement of Work

Requirements Preventative maintenance (PM) and repair services to support 5 UH dormitories, 4 CQ dormitories, and 82 CQ housing units in accordance with Performance Work Statement (PWS) provided as Attachment 1.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. Aug 1996

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: N/A

DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil

Section F - Deliveries or Performance

Overall Contract Delivery Period

Line Item Delivery Schedule QTY Address and POC

Delivery Period From 01 Jul 2022 to 31 Jul 2022

Period of Performance From 01 Jul 2022 To 31 Jul 2022

1 Months Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Delivery Period From 01 Aug 2022 to 30 Jun 2023

Period of Performance From 01 Aug 2022 To 30 Jun 2023

11 Months Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Delivery Period From 01 Aug 2022 to 30 Jun 2023

11 Months Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher

Period of Performance From 01 Aug 2022 To 30 Jun 2023

Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Delivery Period From 01 Aug 2022 to 30 Jun 2023

Period of Performance From 01 Aug 2022 To 30 Jun 2023

100 Each Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Delivery Period From 01 Jul 2023 to 30 Jun 2024

Period of Performance From 01 Jul 2023 To 30 Jun 2024

12 Months Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Delivery Period From 01 Jul 2023 to 30 Jun 2024

12 Months Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil

Period of Performance From 01 Jul 2023 To 30 Jun 2024

Option Line Item

Delivery Period From 01 Jul 2023 to 30 Jun 2024

Period of Performance From 01 Jul 2023 To 30 Jun 2024

100 Each Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Delivery Period From 01 Jul 2024 to 30 Jun 2025

Period of Performance From 01 Jul 2024 To 30 Jun 2025

12 Months Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

Option Line Item

Delivery Period From 01 Jul 2024 to 30 Jun 2025

Period of Performance From 01 Jul 2024

12 Months Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil

To 30 Jun 2025

Option Line Item

Delivery Period From 01 Jul 2024 to 30 Jun 2025

Period of Performance From 01 Jul 2024 To 30 Jun 2025

100 Each Place of Performance DoDAAC: FA5240 CountryCode: USA

FA5240 36 CONS LGC

UNIT 14040

APO AP 96543-4040

APO

AP 96543-4040

UNITED STATES

Kevin Schumacher Email: kevin.schumacher.1@us.af.mil Telephone: 671-366-1869

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. Feb 2019

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) As used in this clause- Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.

S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

TOTAL ____ ____ ____

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA5240 Admin DoDAAC FA5240 Inspect By DoDAAC FA5240 Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) FA5240 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Contracting Officer or Contract Specialist

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

Section I - Contract Clauses

Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-41 Service Contract Labor Standards. Aug 2018

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

Aug 2018

52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services. Nov 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-36 Payment by Third Party. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-1 Alternate I Disputes. - (Alternate I) May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) Aug 1987 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2022 52.246-25 Limitation of Liability-Services. Feb 1997 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-8 Default (Fixed-Price Supply and Service). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Dec 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.203-7003 Agency Office of the Inspector General. Aug 2019

252.203-7004 Display of Hotline Posters. Aug 2019 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2021

252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Dec 2010 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7001 Buy American and Balance of Payments Program. Dec 2017 252.225-7002 Qualifying Country Sources as Subcontractors. Dec 2017 252.225-7005 Identification of Expenditures in the United States . Jun 2005 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015 252.225-7048 Export-Controlled Items. Jun 2013

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Apr 2019

252.232-7010 Levies on Contract Payments. Dec 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations. May 2013

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Apr 2020

252.233-7001 Choice of Law (Overseas). Jun 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items. Oct 2020

FAR Clauses Incorporated by Full Text

52.217-8 Option to Extend Services. Nov 1999

As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. 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 60.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. Mar 2000

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years(months) (years).

(End of clause)

52.219-14 Limitations on Subcontracting. Sep 2021

As prescribed in 19.507(e), insert the following clause:

Limitations on Subcontracting (Sep 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to-

(1)Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2)Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4)Orders expected to exceed the simplified acquisition threshold and that are-

(i)Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii)Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5)Orders, regardless of dollar value, that are-

(i)Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);

or

(ii)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6)Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-

(1)Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2)Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3)General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4)Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-

[X] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ ] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g)A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires. May 2014

As prescribed in , insert the following clause:22.1006(b)

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause 29 CFR Part 4 identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

52.232-1 Payments. Apr 1984

As prescribed in , insert the following clause, appropriately modified with respect to payment due date in accordance with agency 32.111(a)(1) regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:

PAYMENTS (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

The amount due on the deliveries warrants it; or(a)

The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.(b)

(End of clause)

52.232-8 Discounts for Prompt Payment. Feb 2002

As prescribed in , insert the following clause:32.111(b)(1)

DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the (a) award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not (b) placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

52.232-11 Extras. Apr 1984

As prescribed in , insert the following clause, appropriately modified with respect to payment due dates in accordance with agency 32.111(c)(2) regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:

EXTRAS (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year. Apr 1984

As prescribed in , insert the following clause:32.706-1(b)

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond . The Government's the contract completion date of the base period obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the

, until funds are made available to the Contracting Officer for performance and until the Contractor contract completion date of the base period receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.232-25 Prompt Payment. Jan 2017

As prescribed in , insert the following clause:32.908(c)

PROMPT PAYMENT (JAN 2017)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT).

Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments- (a) Due date.(1) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments (i) by the designated payment office is the later of the following two events:

The 30 thday after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(A) (1)(ii) of this clause).

The 30 thday after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment (B) amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment (ii) due date is the 30 thday after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

Certain food products and other payments. (2) Due dates on Contractor invoices for meat, meat food products, or fish; perishable (i) agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-

For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of1921 (7 U.S.C.182(3)), and as (A) further defined in Pub.L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7 thday after product delivery.

For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of1986 (16 U.S.C.4003(3)), as close (B) as possible to, but not later than, the 7 thday after product delivery.

For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of1930 (7 U.S.(C) C.499a(4)), as close as possible to, but not later than, the 10 thday after product delivery, unless another date is specified in the contract.

For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of1983 (7 U.S.C.4502(e)), edible fats or (D) oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10 thday after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification.