SF-30 amendment 5.pdf

Standard Form 30, Continuation Page, Amendment 5 Solicitation AG-INTP-S-11-9984

Section A.1, Solicitation/Contract Form, Block 8 currently reads, in part:

“Attn: AG-INTP-S-10-9984”

Is now amended to read:

“Attn: AG-INTP-S-11-9984”

Section H.3, 4K52.225-2, U.S. Origin Product – Ingredient Waivers is amended to add the following component as a waived ingredient:

Pea Protein Isolate

Section C.1.1.1.G, Shelf Life currently reads, in part:

“A-20 paste shall not be more than 45 days old on the date of shipment . . .”

“A-20 paste shall not be more than 90 days old on the date of shipment . . .”

Section C.1.1.2.H, Shelf Life currently reads, in part:

“A-28 rice bar shall not be more than 45 days old on the date of shipment . . .”

“A-28 rice bar shall not be more than 90 days old on the date of shipment . . .”

Section C.1.1.3.H, Shelf Life currently reads, in part:

“A-29 wheat bars shall not be more than 45 days old on the date of shipment . . .”

“A-29 wheat bars shall not be more than 90 days old on the date of shipment . . .”

Section E3, 52.246-16, Responsibility for Supplies, currently reads:

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies when the goods have been placed alongside the vessel on the quay or in lighters at the named port of shipment, if transportation is f.a.s. (named port of shipment). If the named port of shipment has warehouse/berth/terminal/transload facilities available and contractor’s shipment(s) is unloaded into such a facility as named by the ocean carrier rather than placed alongside vessel on the quay or in lighters, then risk of loss of or damage to supplies shall pass from the contractor at the point where the supplies come to rest in the warehouse/berth/terminal/transload facility designated by the ocean carrier;

(2) Delivery of the supplies when placed on board the conveyance at named point of origin, if transportation is Intermodal Plant;

(3) Delivery of the supplies to the carrier on rail cars, trucks, or carrier-supplied conveyance at the named bridge point, if transportation is Intermodal Bridge;

(4) Delivery of the supplies to the carrier on rail cars, trucks, or carrier-supplied conveyance at the named Great Lakes bridge-port point, if transportation is Intermodal Bridge-Port for the Great Lakes; or

(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon—

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

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

Section F19, 452.247-70, Delivery Location, currently reads:

Shipment of deliverable items, other than reports, shall be to one or more of the following locations:

1. F.O.B. Origin, Contractor’s Facility

2. F.O.B. Destination:

Jacinto Port International LP 16398 Jacintoport Boulevard Houston, TX 77015-6586

3. F.O.B. Destination:

USAID/OFDA Warehouse Crowley Logistics 9950 N.W. 17th Street Miami, Florida 33147

4. F.O.B. Destination (Destination point and delivery terms to be specified in the delivery or task order).

5. The Government may have need for the Contractor to deliver supplies to other, presently unknown, U.S.

domestic locations than those listed in F.19, 1 through 3 above. These locations may include, but are not limited to, U.S. military bases, air terminals, carrier freight stations, and/or U.S. loadports. These deliveries to other U.S.

domestic locations will use one of the delivery bases listed at F.12 or F.14 through F.17. The Government has the right to stipulate the mode of transportation used, such as rail or truck.

In the event the contractor is ordered to deliver commodities to a destination point other than as provided in F.19, 1 through 3 above, the appropriate delivery terms will be designated by the Government (See F.12 and F.14 through

F.17 above) in the delivery order. Reimbursement for transport and handling service expenses to locations other than F.19, 1 through 3 above shall be reimbursed by the Government upon presentation of a paid freight invoice, for those sub-contract transport and handling services actually provided. The Government shall review submitted delivery service invoices to determine reasonableness of actual expenses.

(End of Clause)

Shipment of deliverable items, other than reports, shall be:

1. F.O.B. Origin, Contractor’s Facility

2. F.O.B. Destination (Destination point and delivery terms to be specified in the delivery or task order).

3. The Government may have need for the Contractor to deliver supplies to other, presently unknown, U.S.

domestic locations than as shown in F.19.1 above. These locations may include, but are not limited to, U.S. military bases, air terminals, carrier freight stations, and/or U.S. loadports. These deliveries to other U.S. domestic locations will use one of the delivery bases listed at F.12 or F.14 through F.17. The Government has the right to stipulate the mode of transportation used, such as rail or truck.

In the event the contractor is ordered to deliver commodities to a destination point other than as provided in F.19.1 above, the appropriate delivery terms will be designated by the Government (See F.12 and F.14 through F.17 above) in the delivery order. Reimbursement for transport and handling service expenses to locations other than F.19.1 shall be reimbursed by the Government upon presentation of a paid freight invoice, for those sub-contract transport and handling services actually provided. The Government shall review submitted delivery service invoices to determine reasonableness of actual expenses.

(End of Clause)

Section L, Exhibit 1, Price Proposal, is amended to remove specific f.o.b. destination delivery points and to provide for option year pricing. The amended Exhibit 1 follows:

Solicitation No. AG-INTP-S-11-9984 Section L – Exhibit 1 Page 134 of 141

Exhibit 1 – Price Proposal Solicitation # AG-INTP-S-11-9984

Offeror: ___________________________________________________________________________ Company Name DUNS Number

Plant: _____________________________________________________________________________ Street Address City State Zip code

Price per Unit Delivered FOB Origin Contractor’s Facility

BASE YEAR

Price per Unit Delivered FOB Origin Contractor’s Facility

OPTION YEAR 1

Price per Unit Delivered FOB Origin Contractor’s Facility

OPTION YEAR 2 CLIN

0001 Ready-To-Eat Paste (A-20) per Unit (50 gram pouch) per Unit (50 gram pouch) per Unit (50 gram pouch)

Price for Surge Quantities in Excess of Production Schedule (Surge Price) per Unit (50 gram pouch) per Unit (50 gram pouch) per Unit (50 gram pouch)

0002 Ready-To-Eat Rice Bar (A-28) per Unit (55.556 gram bar) per Unit (55.556 gram bar) per Unit (55.556 gram bar)

Price for Surge Quantities in Excess of Production Schedule (Surge Price) per Unit (55.556 gram bar) per Unit (55.556 gram bar) per Unit (55.556 gram bar)

0003 Ready-To-Eat Wheat Bar (A-29) per Unit (55.556 gram bar) per Unit (55.556 gram bar) per Unit (55.556 gram bar)

Price for Surge Quantities in Excess of Production Schedule (Surge Price) per Unit (55.556 gram bar) per Unit (55.556 gram bar) per Unit (55.556 gram bar)

Notes:

• Offeror may submit prices on one or more of the above CLINS.

• Offerors are cautioned that Contractors shall be subject to a Government Surge Clause. Please see Section F.21, 4K52.217-1, Surge Option. Offered rates of production should take into consideration this Surge Option.

• If the Surge Option clause is invoked, Contractors shall be paid the contracted surge price only for quantities ordered and delivered in excess of the production schedule quantities.

Enter the name, title, address, phone, and email of person authorized to sign the proposal. Must sign and date. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

Name Title

Address

Telephone Email

Signature Date