AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE3S1 7. ADMINISTERED BY (If other than Item 6) CODE SPE3S1

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

WORNICK COMPANY, THE 

4700 CREEK RD 

CINCINNATI OH 45242-2808 

USA

CODE 9Y162 FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

SPE3S1-22-D-Z147

2021 NOV 02

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended. 

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE 

PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this 

amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this 

amendment, and is received prior to the opening hour and date specified.

copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. 

 IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES ( such as changes in paying office, appropriation

date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 (b).

FAR 52.245-2 GOVERNMENT PROPERTY

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070 

Previous edition unusable

STANDARD FORM 30 (REV. 10-83) 

Prescribed by GSA FAR (48 CFR) 53.243

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer) (Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

 Initiator: Katherine Knecht 

 PHPHBB5 Tel: 215-737-7391 FAX: 215-737-4719 Email: katherine.knecht@dla.mil

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

 15C. DATE SIGNED

Katherine Knecht

2022 JAN 26

16C. DATE SIGNED

X

X

D. OTHER (Specify type of modification and authority)

See Blk. 16C

3. EFFECTIVE DATE

See Continuation Sheet

J

1. CONTRACT ID CODE

P00003

 2. AMENDMENT/MODIFICATION NO. 

(X)

 CHECK ONE

9A. AMENDMENT OF SOLICITATION NO. 

9B. DATED (SEE ITEM 11)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, 

 IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

PAGE 1 OF 28

Katherine Knecht
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SPE3S1-22-D-Z147 / P00003

All terms and conditions of the subject contract remain the same except for the following: 
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SPE3S1-22-D-Z147 / P00003

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

THIS AGREEMENT, made and entered into this ___ day of _________ 2022, by and between the United States 

Government through its agency, the Defense Logistics Agency Troop Support Philadelphia (DLA Troop Support), an 

operational component of the Defense Logistics Agency (DLA), by its authorized agent, the Procurement Contracting 

Officer (PCO) (hereinafter referred to as the “Government”) and The Wornick Company (hereinafter called the 

contractor.) 

 

WITNESSETH THAT, 

 

1. The Government and the Contractor hereby agree to the following terms and conditions hereinafter set forth, for 

the use of the personal property listed in paragraph 2 hereof. 

 

2. ASSETS. 

 

This agreement authorizes the Contractor to take possession of and retain on the premises described below 

(the approved premises) the Multivac R530 Horizontal Form Fill and Seal Machines, serial number 636 (the 

equipment or the property) for the period specified in paragraph 9 below. The approved premises shall be 

the Contractor's plant located at: The Wornick Company, 4700 Creek Rd, Cincinnati, OH 45242-2808. 

 

3. INSTALLATION: 

 

If installation is needed, the Contractor shall be responsible for all costs to install the equipment and prepare 

for its operation. 

 

4. Upon commencement of the term of this agreement, the Contractor shall retain 

possession of the equipment “as is” without warranty, express or implied, on the part of the Government as to 

condition or fitness for any purpose. Accountability of the property shall be established by execution of this 

agreement. Spares support of the machinery shall be in accordance with Paragraph 7 of this agreement. 

 

5. USAGE. 

 

a. Government Use. Approval for the use of the equipment on Government contracts will be freely 

granted, but the Procurement Contracting Officer (PCO) must authorize such use in any supply 

contract on which the equipment will be used (See FAR 45.402). Unless the use of the equipment is 

authorized by a clause in the supply contract, the contractor desiring to use the equipment must 

request written authorization by the contracting officer cognizant of the equipment (the equipment 

contracting officer). If authorization is granted, it will be implemented by a modification to the supply 

contract. 

 

 

 

 

 

 

 

 

 

 

 
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

b. Commercial Use Up To 25%. 

 

Commercial use is also encouraged and is hereby authorized, but for a total period of use not to 

exceed thirteen weeks (25%) of the contractor's normal work schedule in any fiscal year (See FAR 

45.301). That is, for a contractor running five eight-hour shifts per week, the use here authorized 

should not exceed sixty-five eight-hour shifts in a fiscal year (Any portion of a shift shall be counted as 

a whole shift for the purpose of calculating this limitation. A fiscal year is 365 days from the inception 

of the agreement, including day one (or 366 days if the fiscal year includes a February 29th). The 

contractor shall keep an accurate record of all use. Any questions about the computation of the 25% 

limitation should be directed to the equipment Contracting Officer either before the commencement of 

this agreement or as soon as possible thereafter. 

 

c. Commercial Use Exceeding 25%. 

 

DLA Troop Support has been delegated the approval for commercial use. DLA Troop Support must 

approve commercial use exceeding 25% of the time available for use, as determined in accordance 

with FAR 45.301. A contractor desiring to exceed that limit should therefore request from the PCO 

permission to do so, and such requests should comply with the requirements of FAR 45.301, should 

specify the duration of use exceeding 25% requested and should be submitted at least six weeks 

before the projected use. 

 

6. RESTRICTIONS. 

 

a. The property shall be restricted to the limitations of the applicable Multivac R530 Technical 

Manuals and applicable FDA and USDA regulations. 

 

b. Qualified operators and technicians shall be the only persons permitted to operate or make repairs 

on this property. 

 

c. The Contractor is not authorized to effect any nonstandard modifications to the property without the 

written consent of the Contracting Officer. 

 

7. SPARES AND SUPPORT EQUIPMENT. 

 

The contract by which the Government purchased this property includes spare parts to maintain this property. 

In the event a manufacturer furnished spare part is either damaged or consumed during this agreement; the 

Contractor shall repair or replace that item at no cost to the Government. Attachment 1 lists the parts 

furnished by the Government or the equipment manufacturer and delivered to the contractor. The Contractor 

shall provide a list of all spare parts being returned to the Government upon the return of such property. 

 

 

 

 

 

 

8. RIGHT OF PREEMPTIVE USE. 

 

The equipment's primary purpose is to augment the surge capacity available to the Government. Since the 

government expects to authorize use of the equipment for commercial contracts, the Government reserves 

the right to preempt such use whenever, in the judgment of the Contracting Officer, exigent circumstances 

require that the equipment be reserved solely for Government contracts. In such instances, the Contracting 
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

Officer will provide two weeks written notice to the Contractor that the Government is exercising its right of 

preemptive use. At the end of that two-week period, use of the equipment for commercial contracts shall 

cease and it may be used only as directed by the Contracting Officer. The Contractor should consider this 

right of preemptive use and must provide for it in any commercial contract for which it intends to use the 

equipment. A shared production agreement or some similar arrangement is recommended. 

 

9. PERIOD OF AGREEMENT. 

 

This agreement shall be for a term of one year from its effective date, which shall be the date the Contractor's 

offer (this document signed by the Contractor) is executed by the PCO, which shall be not more than 30 days 

after the offer is submitted to the Government. The agreement shall be terminable at any time during the 

year by either party giving to the other two weeks (fourteen calendar days) written notice of termination. The 

notice period will begin when it is received; day one will be the day after receipt; and the agreement will 

expire at the end of the fourteenth calendar day after receipt. In the absence of such notice, the agreement 

shall renew for an additional period of one year, and so on from year to year, until either party shall give the 

other two weeks written notice of termination. This agreement constitutes general authorization for the 

contractor to have possession of the equipment on the approved premises. Authorization for use must be 

specifically requested and granted as provided in paragraph 5, Usage, above, except to the extent 

authorization is specifically granted in that paragraph. 

 

10. RENTAL CHARGES. 

 

a. The Contractor shall pay the Government a rental fee (rent) based on the use of the equipment in any nongovernment work. The usage fee shall be $195.00 for any 8-hour shift or part thereof, or $243.75 for 

any 10-hour shift or part thereof. The rental fee shall be calculated as follows: 

 

Monthly Rent: Number of 8 hour shifts X $195.00 = Rental Fee. 

 Number of 10 hour shifts X $243.75 = Rental Fee. 

 

b. The Contractor shall be responsible for maintaining usage records and providing such records, which are 

certified by the resident USDA Inspector or designated DCMC official, to the PCO (Attn: Katherine 

Knecht) with a statement describing the rental fee due, and a certified check in accordance with 

Paragraph 10 f. This documentation and payment shall be provided to the Government on or before 

the 10th day after each calendar month. For any month in which the contractor has no nongovernment use, the contractor shall forward a statement of non-usage no later than the 10th day after 

each such month. 

 

c. This rental assessment does not limit the Government's right to reassess a higher rental fee if subsequent 

information demonstrates that a higher rental fee was due in accordance with calculation in Paragraph 

10.a. 

 

d. The rental accrued at the expiration, termination or revocation of this agreement, shall be paid to the 

Government on or before the 10th day thereafter. 

 

e. Failure of the Contractor to provide the information required by paragraph b, above, to the PCO (Attn: 

Katherine Knecht) by the 10th of each succeeding month shall result in a rental charge for the month 

not reported on, of $3,750.00, which equals 1% of the purchase price. 

 

f. Payment of rent for the equipment and spare parts will be made by check in the following manner: 

 

(i). For the Multivac R530 use cost under paragraph 5 above submit to: 
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

 

THRU DLA Troop Support (FTRC) 

 700 Robbins Avenue, Building 6B, 

 Attn: Ms. Katherine Knecht 

 Philadelphia, PA 19111-5092 

 

 TO DFAS Columbus Center 

 Gulf Coast C&A Division 

 P.O. Box 182231 

 Columbus, OH 43218-2231 

 

(ii). Payment shall be annotated to indicate the Agreement Number (contract & modification number). 

The payment should indicate any offsets authorized in the agreement. 

 

11. VALUE OF THE PROPERTY. 

 

In the event of loss of the Multivac R530, the indemnification value to the U.S. Government shall be 

$375,000.00. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12. MAINTENANCE OF GOVERNMENT PROPERTY. 

 

The Contractor shall maintain the property in accordance with the appropriate Multivac Technical Manuals. 

The Contractor shall not cause any loss of coverage under the manufacturer's warranty. Should coverage 

under the warranty be lost, the Contractor shall be responsible for replacing any part that would be otherwise 

covered under the warranty. If replacement of a Multivac R530 component is required to maintain the 

Multivac R530 in usable condition, the warranty provisions from the manufacturer will be used to effect 

replacement. In the event that the warranty has expired or does not cover the damaged part and the damage 

is not caused by the negligence of the Contractor or his agents or employees, the Contractor is authorized to 

purchase the required part and deduct the amount of that part from the above monthly rate once the part has 

been delivered. If there are no commercial charges for that month, the Contractor shall carry over the 

amount until there is a month that has commercial charges. The replacement cost may be used as a credit 

only to offset rental costs. In no case will the spare part replacement be reimbursable. The Government will 

not provide replacement components. The determination as to the cause of the part's damage or failure is 

the responsibility of the Contracting Officer or designee. 

 

13. CONDITIONS FOR RETURN OF MULTIVAC R530 TO THE U.S. GOVERNMENT. 
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

 

Any repair or maintenance work required to be performed before returning property to the Government is a 

contractor's cost. The equipment shall be inspected by a Government representative designated by the 

Contracting Officer and returned to the U.S. Government via DD Form 1149. 

 

14. The Contractor will provide operators, additional parts and maintenance at no cost to the Government. 

 

15. The Contractor, at his own expense, shall store and maintain the equipment in good condition and repair and 

make all necessary replacement of components and parts during the term of the agreement. The Contractor 

shall furnish all lubricants, maintenance and shop usage items. The Contractor shall assume all charges for 

the use or maintenance of this equipment during the term of this agreement. Maintenance shall be in 

accordance with good manufacturing practices and paragraph 18. Contractor shall, during the term of this 

agreement, make no changes or alterations in the equipment, except with written consent of the Contracting 

Officer. 

 

16. The Contractor shall not mortgage, pledge, assign, transfer, sublet or part with possession of the equipment in 

any manner to any third party either directly or indirectly, except that this provision shall not preclude the 

Contractor from permitting the use of the equipment by a third party with the prior written approval of the 

Contracting Office, and the Contractor shall not do or suffer anything whereby any of the equipment shall or 

may be encumbered, seized, taken in execution, attached, destroyed or injured. 

 

17. After taking possession as provided in clause 4, the Contractor shall be solely responsible for the equipment until 

it is returned to the Government as provided for in this agreement. The equipment shall be returned in as 

good a condition as when received, reasonable wear and tear excepted. If the Contractor fails to return the 

equipment, the Contractor shall pay to the government the amount specified in paragraph 11 above, as the 

value of the equipment less the amount determined by the Contracting Officer to represent reasonable wear 

and tear for the period during which the equipment was usable. If the Contractor returns the equipment in 

other than as good a condition as when received, reasonable wear and tear excepted, the Contractor shall 

pay to the government the amount specified in paragraph 11 as the value of the equipment less both the 

amount determined by the Contracting Officer to represent reasonable wear and tear for the period during 

which the equipment was usable and the scrap value of the equipment. 

 

18. The Contractor shall take all steps necessary to protect the interests of the Government in the equipment, and 

the Contracting Officer may require the Contractor, at its own expense, to take reasonable measures, 

including but not limited to the procurement of insurance as may be necessary to protect such interest. 

 

19. On or before the last day of the term of this agreement or, in the event of earlier termination, as soon after 

termination as possible, the Contractor shall return the equipment to the location designated by the 

Contracting Officer. The Contractor shall be responsible and pay for all costs, including packaging, handling 

and transportation charges, to deliver the equipment to the designated location, except that the Contractor's 

responsibility for return transportation charges shall not exceed the amount required to return the property to 

DLA Troop Support, Philadelphia, PA. In the event the Government incurs any packaging, handling or 

transportation costs in the return of the property, the Contractor shall promptly reimburse the Government 

upon presentation of a statement thereof. In the event a return location is not provided by the Contracting 

Officer before the completion or revocation of this agreement, the Contractor agrees to continue to store, 

maintain, prepare for shipment and assume full responsibility and liability for the property, at no cost to the 

Government, for a period up to 60 days after expiration or revocation of this agreement. 

 

20. The property is provided without operators. Any operators deemed incompetent 

 by the Contracting Officer shall be barred from using the equipment. 

 
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

21. In addition to the requirements set forth in any other part of this Agreement, the Contractor shall submit reports 

and records as required by FAR 52.245-2 Government Property (Fixed Price Contracts). These records shall 

be submitted in duplicate to the Administrative Contracting Officer (ACO) or his/her designee. The ACO shall 

provide a copy to Tiendung Nguyen, DLA Troop Support, Philadelphia, Attn: DLA Troop Support -FTRC, 700 

Robbins Avenue, Building 6B, Philadelphia, PA 19111-5092. 

 

22. Upon request of the Contractor, the Contracting Officer shall furnish without charge, copies of drawings, 

specifications, or instructions as the Contractor may require for the operation of repair of the equipment and 

as, in the discretion of the Contracting Officer, may be reasonably available. 

 

23. INDEMNIFICATION. 

 

The Contractor shall indemnify and hold the Government harmless against claims (including reasonable 

expenses of litigation and/or settlement) for damages to the equipment of the Contractor or claims by third 

persons (including officers, agents, servants or employees of the Contractor) for death, personal injury, loss 

of or damage to equipment arising from Contractor's authorized or unauthorized use of the equipment and 

occurring during the term of the agreement. The Contractor shall assume all risk of loss, damage or 

destruction to the equipment. Nothing contained in this paragraph shall be deemed to affect liability of the 

government to its own employees. In the event of a claim or notice of legal action arising under this 

agreement, the party (Government or Contractor) first receiving notice of the action shall notify the other as 

soon as possible after receipt of said claim or notice. 

 

24. At all times, the Contracting Officer (or authorized designee) shall have access to the job site whereon any of the 

equipment is situated for the purposes of inspecting or inventorying the same, or for the purpose of removing 

the same in the event of the termination of the agreement. 

 

25. CONTROL AND MAINTENANCE OF GOVERNMENT PROPERTY. 

 

The contractor shall be solely responsible for the storage and maintenance of the equipment at no cost to the 

Government. The provisions of Subpart 45.5 of the Federal Acquisition Regulations (FAR) and the DOD FAR 

Supplement that set forth requirements for establishing and maintaining control over Government equipment 

are incorporated by reference and made part hereof. 

 

26. ADJUSTMENT OF RENTALS - STATE OR LOCAL TAXATION. 

 

Except as may be otherwise provided, the rental rates established in this agreement do not include any State 

or local tax on the equipment herein. If and to the extent that the State and local government hereinafter 

make such equipment taxable by Act of Congress, then in such event the agreement shall be renegotiated. 

 

27. Except as otherwise specified in this agreement, all notices to either of the parties to this agreement shall be 

sufficient if mailed in a sealed postpaid envelope addressed as follows: 

To the Contractor The Wornick Company 

 4700 Creek Rd 

 Cincinnati OH 45242-2808 

 ________________________ 

 

To the Government TO Mr. Tiendung Nguyen 

 DLA Troop Support Philadelphia 

 Attn: Operational Rations-FTRC 

 700 Robbins Avenue, Building 6B 

 Philadelphia, PA 19111-5092 
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

 

 COPY DCMA Dayton 

 Building 30 Area A 

 1725 Van Patton Dr 

 Wright Patterson AFB OH 45433-5302 

 

28. DEFINITIONS. 

 

As used throughout this agreement, the following terms shall have the meanings set forth below. 

 

a. The term “Contracting Officer” means the person executing this agreement on behalf of the Government, 

and any other officer or civilian employee who is properly designated Contracting Officer, and the term 

includes, except as otherwise provided, the authorized representative of the Contracting Officer acting 

within the limits of his authority. 

 

b. The term “Administrative Contracting Officer” refers to the Contracting Officer who is responsible for 

administering this agreement. 

 

29. PURPOSE. 

 

The specific purpose of this agreement is to provide the Defense Logistics Agency / DLA Troop Support with 

surge capability in the event of a contingency, and for the Contractor to develop a commercial business base 

thereby reducing the Contractor's dependency on the Government, which would strengthen the retort pouch 

industrial base and reducing costs in the Government. 

 

30. UNAUTHORIZED TO COMMIT U.S. GOVERNMENT. 

 

The Contractor is not authorized to commit the U.S. Government to any transactions. Requests for sale of 

defense articles will be subject to established review procedures and applicable statutes and regulations. 

 

31. APPROVAL. 

 

This agreement shall be subject to the written approval of the Director of Contracting or his duly authorized 

representative and shall not be binding until approved. 

 

32. ALTERATIONS. 

 

The following changes were made in this agreement before the parties signed it hereto: 

 

 NONE 

 

 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this day and year first above 

written. 

 

 

 UNITED STATES OF AMERICA The Wornick Company 

 

 

 

BY __________________________ BY _____________________ 

 CONTRACTING OFFICER TITLE: 
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

 

 

 

 

 

ATTACHMENT 1 

 

MULTIVAC R530 PARTS LIST 

 

Spare parts accompanying the Multivac machine: 

 

 One (1) sealbar 

 One (1) set of calrod heaters for the sealbar 

 One (1) sealing die gasket 

 One (1) set of sealbar activating membranes 

 One (1) small parts kit of items as detailed below 

 

Contents of the Multivac spare parts kit with each machine 

 

 PART STOCK

QUANTITY DESCRIPTION DIMENSION NUMBER NUMBER 

 

02 O-RING ID12X2 78.301.0122.00 880328 

10 O-RING ID26X2MM 78.301.0262.00 886811 

05 O-RING ID28X2 78.301.0182.00 880412 

10 O-RING ID40X2 78.301.0402.00 883688 

10 O-RING ID58X2MM 78.301.0582.00 886810 

05 O-RING ID70X2MM 78.301.0702.00 886591 

20 O-RING ID10X3MM 78.301.0103.00 883117 

20 O-RING ID14X3MM 78.301.0143.00 883929 

20 O-RING ID22X3 78.301.0223.00 886600 

20 O-RING ID30X3 78.301.0303.00 883468 

20 O-RING ID44X3MM 78.301.0443.00 886631 

10 O-RING ID55X3 78.301.0553.00 880415 

02 O-RING ID75X2.5 78.301.0752.00 886618 

02 O-RING ID95X2.5MM 78.301.0952.50 886611 

10 K-RING D24/14X8MM 78.310.0142.40 886809 

10 SHAFT SEAL 55/45X7MM 78.310.0455.50 886808 

06 K-RING 40.9/50.9/3.5 80.209.4010.00 880320 

06 K-RING 40MM OD 80.209.4010.10 884177 

02 K-RING 60MM OD 80.209.4010.30 883410 

02 SPRING D39.8 L61 19.781.3840.00 880321 

02 SPRING D49.5X90X4.25 19.781.4249.00 886534 

02 TENSION SPRING AD24.8 L150 19.784.4024.10 880153 

01 KIT --GASKET SET SPG/92154 FOR 80.209.4082.18 886901 

01 KIT --GASKET SET FOR 80203305102 80.209.4082.19 886902 

02 BRAKE PIN D20X12MM 11.531.8410.01 886481 

02 PISTON CUP D39X23 S/P 16513/39 80.275.1113.09 883072 

01 TOOTHED BELT W21 L520 79.632.2104.00 887532 

01 AIR ROLLER VALVE SPG/92485 1/8” 80.255.2112.21 885639 

01 KIT --GASKET SET F/AIR SWITCH 80.260.4780.32 886716 

01 WABCO VALVE 24 VT STANDARD TYPE 80.260.4805.00 883670 

01 RELAY (SOLID STATE) 85.631.5126.00 888503 

01 TOOTHED BELT 16X375 AT5 79.633.2075.41 886543 
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

01 TOOTHED BELT 16X660 AT5 79.633.2132.41 886545 

01 PRESSURE SWITCH W/1.5M CABLE 11.486.1105.03 886270 

01 TOOTHED BELT 11X545MM 79.633.2109.11 886547 

 

 

ATTACHMENT 1 

 

 PART STOCK

QUANTITY DESCRIPTION DIMENSION NUMBER NUMBER 

 

02 PROXIMITY SWITCH NT5 30VDC R530 85.463.1025.13 886846 

02 PROXIMITY SWITCH QM/134/2M F.CYL 85.463.1012.00 887062 

01 PROXIMITY SWITCH NI10-G19-AP9 85.463.1015.50 882285 

10 G-CARTRIDGE FUSE M 0.2A C 250V 85.411.1100.38 884812 

10 FUSE 2 AMP 250V 85.411.1100.48 880145 

10 FUSE 6.3 AMP 250V 85.411.1100.53 881746 

02 RELAY (SCHRACK) 24VDC STANDARD 85.631.5125.10 880621 

01 RELAY (KACO) 24V RB51002L703 85.631.5125.50 884843 

01 RELAY (KACO) RD19420L701 85.631.5125.51 886140 

20 FORMING GASKET 3.2MM SILICONE 81.861.1210.32 880302 

01 TOOTHED BELT Z50 50X1000 AT20 79.633.3050.61 886655 

01 TOOTHED BELT 16X780 AT5 Z156 79.633.2156.41 887560 

01 TOOTHED BELT AT5 16X750 79.633.2150.41 887848 

THIS AGREEMENT, made and entered into this ___ day of _________ 2022, by and between the United States 

Government through its agency, the Defense Logistics Agency Troop Support Philadelphia (DLA Troop Support), an 

operational component of the Defense Logistics Agency (DLA), by its authorized agent, the Procurement Contracting 

Officer (PCO) (hereinafter referred to as the “Government”) and The Wornick Company (hereinafter called the 

contractor.) 

 

WITNESSETH THAT, 

 

1. The Government and the Contractor hereby agree to the following terms and conditions hereinafter set forth, 

for the use of the personal property listed in paragraph 2 hereof. 

 

2. ASSETS. 

 

This agreement authorizes the Contractor to take possession of and retain on the premises described below 

(the approved premises) the Multivac R530 Horizontal Form Fill and Seal Machines, serial number 636 (the 

equipment or the property) for the period specified in paragraph 9 below. The approved premises shall be 

the Contractor's plant located at: The Wornick Company, 4700 Creek Rd, Cincinnati, OH 45242-2808. 

 

3. INSTALLATION: 

 

If installation is needed, the Contractor shall be responsible for all costs to install the equipment and prepare 

for its operation. 

 

4. Upon commencement of the term of this agreement, the Contractor shall retain 

possession of the equipment “as is” without warranty, express or implied, on the part of the Government as to 

condition or fitness for any purpose. Accountability of the property shall be established by execution of this 

agreement. Spares support of the machinery shall be in accordance with Paragraph 7 of this agreement. 

 

5. USAGE. 

 
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a. Government Use. Approval for the use of the equipment on Government contracts will be 

freely granted, but the Procurement Contracting Officer (PCO) must authorize such use in any supply 

contract on which the equipment will be used (See FAR 45.402). Unless the use of the equipment is 

authorized by a clause in the supply contract, the contractor desiring to use the equipment must 

request written authorization by the contracting officer cognizant of the equipment (the equipment 

contracting officer). If authorization is granted, it will be implemented by a modification to the supply 

contract. 

 

 

 

 

 

 

 

 

 

 

 

b. Commercial Use Up To 25%. 

 

Commercial use is also encouraged and is hereby authorized, but for a total period of use not to 

exceed thirteen weeks (25%) of the contractor's normal work schedule in any fiscal year (See FAR 

45.301). That is, for a contractor running five eight-hour shifts per week, the use here authorized 

should not exceed sixty-five eight-hour shifts in a fiscal year (Any portion of a shift shall be counted as 

a whole shift for the purpose of calculating this limitation. A fiscal year is 365 days from the inception 

of the agreement, including day one (or 366 days if the fiscal year includes a February 29th). The 

contractor shall keep an accurate record of all use. Any questions about the computation of the 25% 

limitation should be directed to the equipment Contracting Officer either before the commencement of 

this agreement or as soon as possible thereafter. 

 

c. Commercial Use Exceeding 25%. 

 

DLA Troop Support has been delegated the approval for commercial use. DLA Troop Support must 

approve commercial use exceeding 25% of the time available for use, as determined in accordance 

with FAR 45.301. A contractor desiring to exceed that limit should therefore request from the PCO 

permission to do so, and such requests should comply with the requirements of FAR 45.301, should 

specify the duration of use exceeding 25% requested and should be submitted at least six weeks 

before the projected use. 

 

6. RESTRICTIONS. 

 

a. The property shall be restricted to the limitations of the applicable Multivac 

R530 Technical Manuals and applicable FDA and USDA regulations. 

 

b. Qualified operators and technicians shall be the only persons permitted to 

operate or make repairs on this property. 

 

c. The Contractor is not authorized to effect any nonstandard modifications to the 

property without the written consent of the Contracting Officer. 

 

7. SPARES AND SUPPORT EQUIPMENT. 
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The contract by which the Government purchased this property includes spare parts to maintain this property. 

In the event a manufacturer furnished spare part is either damaged or consumed during this agreement; the 

Contractor shall repair or replace that item at no cost to the Government. Attachment 1 lists the parts 

furnished by the Government or the equipment manufacturer and delivered to the contractor. The Contractor 

shall provide a list of all spare parts being returned to the Government upon the return of such property. 

 

 

 

 

 

 

8. RIGHT OF PREEMPTIVE USE. 

 

The equipment's primary purpose is to augment the surge capacity available to the Government. Since the 

government expects to authorize use of the equipment for commercial contracts, the Government reserves 

the right to preempt such use whenever, in the judgment of the Contracting Officer, exigent circumstances 

require that the equipment be reserved solely for Government contracts. In such instances, the Contracting 

Officer will provide two weeks written notice to the Contractor that the Government is exercising its right of 

preemptive use. At the end of that two-week period, use of the equipment for commercial contracts shall 

cease and it may be used only as directed by the Contracting Officer. The Contractor should consider this 

right of preemptive use and must provide for it in any commercial contract for which it intends to use the 

equipment. A shared production agreement or some similar arrangement is recommended. 

 

9. PERIOD OF AGREEMENT. 

 

This agreement shall be for a term of one year from its effective date, which shall be the date the Contractor's 

offer (this document signed by the Contractor) is executed by the PCO, which shall be not more than 30 days 

after the offer is submitted to the Government. The agreement shall be terminable at any time during the 

year by either party giving to the other two weeks (fourteen calendar days) written notice of termination. The 

notice period will begin when it is received; day one will be the day after receipt; and the agreement will 

expire at the end of the fourteenth calendar day after receipt. In the absence of such notice, the agreement 

shall renew for an additional period of one year, and so on from year to year, until either party shall give the 

other two weeks written notice of termination. This agreement constitutes general authorization for the 

contractor to have possession of the equipment on the approved premises. Authorization for use must be 

specifically requested and granted as provided in paragraph 5, Usage, above, except to the extent 

authorization is specifically granted in that paragraph. 

 

10. RENTAL CHARGES. 

 

a. The Contractor shall pay the Government a rental fee (rent) based on the use of the 

equipment in any non-government work. The usage fee shall be $195.00 for any 8-hour shift or part 

thereof, or $243.75 for any 10-hour shift or part thereof. The rental fee shall be calculated as follows: 

 

Monthly Rent: Number of 8 hour shifts X $195.00 = Rental Fee. 

Number of 10 hour shifts X $243.75 = Rental Fee. 

 

b. The Contractor shall be responsible for maintaining usage records and providing such records, 

which are certified by the resident USDA Inspector or designated DCMC official, to the PCO (Attn: 

Katherine Knecht) with a statement describing the rental fee due, and a certified check in accordance 

with Paragraph 10 f. This documentation and payment shall be provided to the Government on or 
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before the 10th day after each calendar month. For any month in which the contractor has no nongovernment use, the contractor shall forward a statement of non-usage no later than the 10th day after 

each such month. 

 

c. This rental assessment does not limit the Government's right to reassess a higher rental fee if 

subsequent information demonstrates that a higher rental fee was due in accordance with calculation 

in Paragraph 10.a. 

 

d. The rental accrued at the expiration, termination or revocation of this agreement, shall be paid 

to the Government on or before the 10th day thereafter. 

 

e. Failure of the Contractor to provide the information required by paragraph b, above, to the 

PCO (Attn: Katherine Knecht) by the 10th of each succeeding month shall result in a rental charge for 

the month not reported on, of $3,750.00, which equals 1% of the purchase price. 

 

f. Payment of rent for the equipment and spare parts will be made by check in the following 

manner: 

 

(i). For the Multivac R530 use cost under paragraph 5 above submit to: 

 

THRU DLA Troop Support (FTRC) 

700 Robbins Avenue, Building 6B, 

Attn: Ms. Katherine Knecht 

Philadelphia, PA 19111-5092 

 

TO DFAS Columbus Center 

Gulf Coast C&A Division 

P.O. Box 182231 

Columbus, OH 43218-2231 

 

(ii). Payment shall be annotated to indicate the Agreement Number (contract & modification 

number). The payment should indicate any offsets authorized in the agreement. 

 

11. VALUE OF THE PROPERTY. 

 

In the event of loss of the Multivac R530, the indemnification value to the U.S. Government shall be 

$375,000.00. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
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12. MAINTENANCE OF GOVERNMENT PROPERTY. 

 

The Contractor shall maintain the property in accordance with the appropriate Multivac Technical Manuals. 

The Contractor shall not cause any loss of coverage under the manufacturer's warranty. Should coverage 

under the warranty be lost, the Contractor shall be responsible for replacing any part that would be otherwise 

covered under the warranty. If replacement of a Multivac R530 component is required to maintain the 

Multivac R530 in usable condition, the warranty provisions from the manufacturer will be used to effect 

replacement. In the event that the warranty has expired or does not cover the damaged part and the damage 

is not caused by the negligence of the Contractor or his agents or employees, the Contractor is authorized to 

purchase the required part and deduct the amount of that part from the above monthly rate once the part has 

been delivered. If there are no commercial charges for that month, the Contractor shall carry over the 

amount until there is a month that has commercial charges. The replacement cost may be used as a credit 

only to offset rental costs. In no case will the spare part replacement be reimbursable. The Government will 

not provide replacement components. The determination as to the cause of the part's damage or failure is 

the responsibility of the Contracting Officer or designee. 

 

13. CONDITIONS FOR RETURN OF MULTIVAC R530 TO THE U.S. GOVERNMENT. 

 

Any repair or maintenance work required to be performed before returning property to the Government is a 

contractor's cost. The equipment shall be inspected by a Government representative designated by the 

Contracting Officer and returned to the U.S. Government via DD Form 1149. 

 

14. The Contractor will provide operators, additional parts and maintenance at no cost to the Government. 

 

15. The Contractor, at his own expense, shall store and maintain the equipment in good condition and repair and 

make all necessary replacement of components and parts during the term of the agreement. The Contractor 

shall furnish all lubricants, maintenance and shop usage items. The Contractor shall assume all charges for 

the use or maintenance of this equipment during the term of this agreement. Maintenance shall be in 

accordance with good manufacturing practices and paragraph 18. Contractor shall, during the term of this 

agreement, make no changes or alterations in the equipment, except with written consent of the Contracting 

Officer. 

 

16. The Contractor shall not mortgage, pledge, assign, transfer, sublet or part with possession of the equipment 

in any manner to any third party either directly or indirectly, except that this provision shall not preclude the 

Contractor from permitting the use of the equipment by a third party with the prior written approval of the 

Contracting Office, and the Contractor shall not do or suffer anything whereby any of the equipment shall or 

may be encumbered, seized, taken in execution, attached, destroyed or injured. 

 

17. After taking possession as provided in clause 4, the Contractor shall be solely responsible for the equipment 

until it is returned to the Government as provided for in this agreement. The equipment shall be returned in 

as good a condition as when received, reasonable wear and tear excepted. If the Contractor fails to return 

the equipment, the Contractor shall pay to the government the amount specified in paragraph 11 above, as 

the value of the equipment less the amount determined by the Contracting Officer to represent reasonable 

wear and tear for the period during which the equipment was usable. If the Contractor returns the equipment 

in other than as good a condition as when received, reasonable wear and tear excepted, the Contractor shall 

pay to the government the amount specified in paragraph 11 as the value of the equipment less both the 

amount determined by the Contracting Officer to represent reasonable wear and tear for the period during 

which the equipment was usable and the scrap value of the equipment. 

 
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18. The Contractor shall take all steps necessary to protect the interests of the Government in the equipment, 

and the Contracting Officer may require the Contractor, at its own expense, to take reasonable measures, 

including but not limited to the procurement of insurance as may be necessary to protect such interest. 

 

19. On or before the last day of the term of this agreement or, in the event of earlier termination, as soon after 

termination as possible, the Contractor shall return the equipment to the location designated by the 

Contracting Officer. The Contractor shall be responsible and pay for all costs, including packaging, handling 

and transportation charges, to deliver the equipment to the designated location, except that the Contractor's 

responsibility for return transportation charges shall not exceed the amount required to return the property to 

DLA Troop Support, Philadelphia, PA. In the event the Government incurs any packaging, handling or 

transportation costs in the return of the property, the Contractor shall promptly reimburse the Government 

upon presentation of a statement thereof. In the event a return location is not provided by the Contracting 

Officer before the completion or revocation of this agreement, the Contractor agrees to continue to store, 

maintain, prepare for shipment and assume full responsibility and liability for the property, at no cost to the 

Government, for a period up to 60 days after expiration or revocation of this agreement. 

 

20. The property is provided without operators. Any operators deemed incompetent 

by the Contracting Officer shall be barred from using the equipment. 

 

21. In addition to the requirements set forth in any other part of this Agreement, the Contractor shall submit 

reports and records as required by FAR 52.245-2 Government Property (Fixed Price Contracts). These 

records shall be submitted in duplicate to the Administrative Contracting Officer (ACO) or his/her designee. 

The ACO shall provide a copy to Tiendung Nguyen, DLA Troop Support, Philadelphia, Attn: DLA Troop 

Support -FTRC, 700 Robbins Avenue, Building 6B, Philadelphia, PA 19111-5092. 

 

22. Upon request of the Contractor, the Contracting Officer shall furnish without charge, copies of drawings, 

specifications, or instructions as the Contractor may require for the operation of repair of the equipment and 

as, in the discretion of the Contracting Officer, may be reasonably available. 

 

23. INDEMNIFICATION. 

 

The Contractor shall indemnify and hold the Government harmless against claims (including reasonable 

expenses of litigation and/or settlement) for damages to the equipment of the Contractor or claims by third 

persons (including officers, agents, servants or employees of the Contractor) for death, personal injury, loss 

of or damage to equipment arising from Contractor's authorized or unauthorized use of the equipment and 

occurring during the term of the agreement. The Contractor shall assume all risk of loss, damage or 

destruction to the equipment. Nothing contained in this paragraph shall be deemed to affect liability of the 

government to its own employees. In the event of a claim or notice of legal action arising under this 

agreement, the party (Government or Contractor) first receiving notice of the action shall notify the other as 

soon as possible after receipt of said claim or notice. 

 

24. At all times, the Contracting Officer (or authorized designee) shall have access to the job site whereon any of 

the equipment is situated for the purposes of inspecting or inventorying the same, or for the purpose of 

removing the same in the event of the termination of the agreement. 

 

25. CONTROL AND MAINTENANCE OF GOVERNMENT PROPERTY. 

 

The contractor shall be solely responsible for the storage and maintenance of the equipment at no cost to the 

Government. The provisions of Subpart 45.5 of the Federal Acquisition Regulations (FAR) and the DOD FAR 

Supplement that set forth requirements for establishing and maintaining control over Government equipment 

are incorporated by reference and made part hereof. 
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26. ADJUSTMENT OF RENTALS - STATE OR LOCAL TAXATION. 

 

Except as may be otherwise provided, the rental rates established in this agreement do not include any State 

or local tax on the equipment herein. If and to the extent that the State and local government hereinafter 

make such equipment taxable by Act of Congress, then in such event the agreement shall be renegotiated. 

 

27. Except as otherwise specified in this agreement, all notices to either of the parties to this agreement shall be 

sufficient if mailed in a sealed postpaid envelope addressed as follows: 

To the Contractor The Wornick Company 

4700 Creek Rd 

Cincinnati OH 45242-2808 

________________________ 

 

To the Government TO Mr. Tiendung Nguyen 

DLA Troop Support Philadelphia 

Attn: Operational Rations-FTRC 

700 Robbins Avenue, Building 6B 

Philadelphia, PA 19111-5092 

 

COPY DCMA Dayton 

Building 30 Area A 

1725 Van Patton Dr 

Wright Patterson AFB OH 45433-5302 

 

28. DEFINITIONS. 

 

As used throughout this agreement, the following terms shall have the meanings set forth below. 

 

a. The term “Contracting Officer” means the person executing this agreement on behalf of the 

Government, and any other officer or civilian employee who is properly designated Contracting 

Officer, and the term includes, except as otherwise provided, the authorized representative of the 

Contracting Officer acting within the limits of his authority. 

 

b. The term “Administrative Contracting Officer” refers to the Contracting Officer who is responsible for 

administering this agreement. 

 

29. PURPOSE. 

 

The specific purpose of this agreement is to provide the Defense Logistics Agency / DLA Troop Support with 

surge capability in the event of a contingency, and for the Contractor to develop a commercial business base 

thereby reducing the Contractor's dependency on the Government, which would strengthen the retort pouch 

industrial base and reducing costs in the Government. 

 

30. UNAUTHORIZED TO COMMIT U.S. GOVERNMENT. 

 

The Contractor is not authorized to commit the U.S. Government to any transactions. Requests for sale of 

defense articles will be subject to established review procedures and applicable statutes and regulations. 

 

31. APPROVAL. 

 
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This agreement shall be subject to the written approval of the Director of Contracting or his duly authorized 

representative and shall not be binding until approved. 

 

32. ALTERATIONS. 

 

The following changes were made in this agreement before the parties signed it hereto: 

 

NONE 

 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this day and year first 

above written. 

 

 

UNITED STATES OF AMERICA The Wornick Company 

 

 

BY __________________________ BY _____________________ 

CONTRACTING OFFICER TITLE: 

 

 

 

 

 

ATTACHMENT 1 

 

MULTIVAC R530 PARTS LIST 

 

Spare parts accompanying the Multivac machine: 

 

One (1) sealbar 

One (1) set of calrod heaters for the sealbar 

One (1) sealing die gasket 

One (1) set of sealbar activating membranes 

One (1) small parts kit of items as detailed below 

 

Contents of the Multivac spare parts kit with each machine 

 

PART STOCK

QUANTITY DESCRIPTION DIMENSION NUMBER NUMBER 

 

02 O-RING ID12X2 78.301.0122.00 880328 

10 O-RING ID26X2MM 78.301.0262.00 886811 

05 O-RING ID28X2 78.301.0182.00 880412 

10 O-RING ID40X2 78.301.0402.00 883688 

10 O-RING ID58X2MM 78.301.0582.00 886810 

05 O-RING ID70X2MM 78.301.0702.00 886591 

20 O-RING ID10X3MM 78.301.0103.00 883117 

20 O-RING ID14X3MM 78.301.0143.00 883929 

20 O-RING ID22X3 78.301.0223.00 886600 

20 O-RING ID30X3 78.301.0303.00 883468 

20 O-RING ID44X3MM 78.301.0443.00 886631 
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10 O-RING ID55X3 78.301.0553.00 880415 

02 O-RING ID75X2.5 78.301.0752.00 886618 

02 O-RING ID95X2.5MM 78.301.0952.50 886611 

10 K-RING D24/14X8MM 78.310.0142.40 886809 

10 SHAFT SEAL 55/45X7MM 78.310.0455.50 886808 

06 K-RING 40.9/50.9/3.5 80.209.4010.00 880320 

06 K-RING 40MM OD 80.209.4010.10 884177 

02 K-RING 60MM OD 80.209.4010.30 883410 

02 SPRING D39.8 L61 19.781.3840.00 880321 

02 SPRING D49.5X90X4.25 19.781.4249.00 886534 

02 TENSION SPRING AD24.8 L150 19.784.4024.10 880153 

01 KIT --GASKET SET SPG/92154 FOR 80.209.4082.18 886901 

01 KIT --GASKET SET FOR 80203305102 80.209.4082.19 886902 

02 BRAKE PIN D20X12MM 11.531.8410.01 886481 

02 PISTON CUP D39X23 S/P 16513/39 80.275.1113.09 883072 

01 TOOTHED BELT W21 L520 79.632.2104.00 887532 

01 AIR ROLLER VALVE SPG/92485 1/8” 80.255.2112.21 885639 

01 KIT --GASKET SET F/AIR SWITCH 80.260.4780.32 886716 

01 WABCO VALVE 24 VT STANDARD TYPE 80.260.4805.00 883670 

01 RELAY (SOLID STATE) 85.631.5126.00 888503 

01 TOOTHED BELT 16X375 AT5 79.633.2075.41 886543 

01 TOOTHED BELT 16X660 AT5 79.633.2132.41 886545 

01 PRESSURE SWITCH W/1.5M CABLE 11.486.1105.03 886270 

01 TOOTHED BELT 11X545MM 79.633.2109.11 886547 

 

 

ATTACHMENT 1 

 

PART STOCK

QUANTITY DESCRIPTION DIMENSION NUMBER NUMBER 

 

02 PROXIMITY SWITCH NT5 30VDC R530 85.463.1025.13 886846 

02 PROXIMITY SWITCH QM/134/2M F.CYL 85.463.1012.00 887062 

01 PROXIMITY SWITCH NI10-G19-AP9 85.463.1015.50 882285 

10 G-CARTRIDGE FUSE M 0.2A C 250V 85.411.1100.38 884812 

10 FUSE 2 AMP 250V 85.411.1100.48 880145 

10 FUSE 6.3 AMP 250V 85.411.1100.53 881746 

02 RELAY (SCHRACK) 24VDC STANDARD 85.631.5125.10 880621 

01 RELAY (KACO) 24V RB51002L703 85.631.5125.50 884843 

01 RELAY (KACO) RD19420L701 85.631.5125.51 886140 

20 FORMING GASKET 3.2MM SILICONE 81.861.1210.32 880302 

01 TOOTHED BELT Z50 50X1000 AT20 79.633.3050.61 886655 

01 TOOTHED BELT 16X780 AT5 Z156 79.633.2156.41 887560 

01 TOOTHED BELT AT5 16X750 79.633.2150.41 887848

THIS AGREEMENT, made and entered into this ___ day of _________ 2022, by and between the United States 

Government through its agency, the Defense Logistics Agency Troop Support Philadelphia (DLA Troop Support), an 

operational component of the Defense Logistics Agency (DLA), by its authorized agent, the Procurement Contracting 

Officer (PCO) (hereinafter referred to as the “Government”) and The Wornick Company (hereinafter called the 

contractor.) 

 

WITNESSETH THAT, 

 

1. The Government and the Contractor hereby agree to the following terms and conditions hereinafter set forth, 

for the use of the personal property listed in paragraph 2 hereof. 

 
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2. ASSETS. 

 

This agreement authorizes the Contractor to take possession of and retain on the premises described below 

(the approved premises) the Multivac R530 Horizontal Form Fill and Seal Machines, serial number 636 (the 

equipment or the property) for the period specified in paragraph 9 below. The approved premises shall be 

the Contractor's plant located at: The Wornick Company, 4700 Creek Rd, Cincinnati, OH 45242-2808. 

 

3. INSTALLATION: 

 

If installation is needed, the Contractor shall be responsible for all costs to install the equipment and prepare 

for its operation. 

 

4. Upon commencement of the term of this agreement, the Contractor shall retain 

possession of the equipment “as is” without warranty, express or implied, on the part of the Government as to 

condition or fitness for any purpose. Accountability of the property shall be established by execution of this 

agreement. Spares support of the machinery shall be in accordance with Paragraph 7 of this agreement. 

 

5. USAGE. 

 

a. Government Use. Approval for the use of the equipment on Government contracts will be 

freely granted, but the Procurement Contracting Officer (PCO) must authorize such use in any supply 

contract on which the equipment will be used (See FAR 45.402). Unless the use of the equipment is 

authorized by a clause in the supply contract, the contractor desiring to use the equipment must 

request written authorization by the contracting officer cognizant of the equipment (the equipment 

contracting officer). If authorization is granted, it will be implemented by a modification to the supply 

contract. 

 

 

 

 

 

 

 

 

 

 

 

b. Commercial Use Up To 25%. 

 

Commercial use is also encouraged and is hereby authorized, but for a total period of use not to 

exceed thirteen weeks (25%) of the contractor's normal work schedule in any fiscal year (See FAR 

45.301). That is, for a contractor running five eight-hour shifts per week, the use here authorized 

should not exceed sixty-five eight-hour shifts in a fiscal year (Any portion of a shift shall be counted as 

a whole shift for the purpose of calculating this limitation. A fiscal year is 365 days from the inception 

of the agreement, including day one (or 366 days if the fiscal year includes a February 29th). The 

contractor shall keep an accurate record of all use. Any questions about the computation of the 25% 

limitation should be directed to the equipment Contracting Officer either before the commencement of 

this agreement or as soon as possible thereafter. 

 

c. Commercial Use Exceeding 25%. 

 
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DLA Troop Support has been delegated the approval for commercial use. DLA Troop Support must 

approve commercial use exceeding 25% of the time available for use, as determined in accordance 

with FAR 45.301. A contractor desiring to exceed that limit should therefore request from the PCO 

permission to do so, and such requests should comply with the requirements of FAR 45.301, should 

specify the duration of use exceeding 25% requested and should be submitted at least six weeks 

before the projected use. 

 

6. RESTRICTIONS. 

 

a. The property shall be restricted to the limitations of the applicable Multivac 

R530 Technical Manuals and applicable FDA and USDA regulations. 

 

b. Qualified operators and technicians shall be the only persons permitted to 

operate or make repairs on this property. 

 

c. The Contractor is not authorized to effect any nonstandard modifications to the 

property without the written consent of the Contracting Officer. 

 

7. SPARES AND SUPPORT EQUIPMENT. 

 

The contract by which the Government purchased this property includes spare parts to maintain this property. 

In the event a manufacturer furnished spare part is either damaged or consumed during this agreement; the 

Contractor shall repair or replace that item at no cost to the Government. Attachment 1 lists the parts 

furnished by the Government or the equipment manufacturer and delivered to the contractor. The Contractor 

shall provide a list of all spare parts being returned to the Government upon the return of such property. 

 

 

 

 

 

 

8. RIGHT OF PREEMPTIVE USE. 

 

The equipment's primary purpose is to augment the surge capacity available to the Government. Since the 

government expects to authorize use of the equipment for commercial contracts, the Government reserves 

the right to preempt such use whenever, in the judgment of the Contracting Officer, exigent circumstances 

require that the equipment be reserved solely for Government contracts. In such instances, the Contracting 

Officer will provide two weeks written notice to the Contractor that the Government is exercising its right of 

preemptive use. At the end of that two-week period, use of the equipment for commercial contracts shall 

cease and it may be used only as directed by the Contracting Officer. The Contractor should consider this 

right of preemptive use and must provide for it in any commercial contract for which it intends to use the 

equipment. A shared production agreement or some similar arrangement is recommended. 

 

9. PERIOD OF AGREEMENT. 

 

This agreement shall be for a term of one year from its effective date, which shall be the date the Contractor's 

offer (this document signed by the Contractor) is executed by the PCO, which shall be not more than 30 days 

after the offer is submitted to the Government. The agreement shall be terminable at any time during the 

year by either party giving to the other two weeks (fourteen calendar days) written notice of termination. The 

notice period will begin when it is received; day one will be the day after receipt; and the agreement will 

expire at the end of the fourteenth calendar day after receipt. In the absence of such notice, the agreement 
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shall renew for an additional period of one year, and so on from year to year, until either party shall give the 

other two weeks written notice of termination. This agreement constitutes general authorization for the 

contractor to have possession of the equipment on the approved premises. Authorization for use must be 

specifically requested and granted as provided in paragraph 5, Usage, above, except to the extent 

authorization is specifically granted in that paragraph. 

 

10. RENTAL CHARGES. 

 

a. The Contractor shall pay the Government a rental fee (rent) based on the use of the 

equipment in any non-government work. The usage fee shall be $195.00 for any 8-hour shift or part 

thereof, or $243.75 for any 10-hour shift or part thereof. The rental fee shall be calculated as follows: 

 

Monthly Rent: Number of 8 hour shifts X $195.00 = Rental Fee. 

Number of 10 hour shifts X $243.75 = Rental Fee. 

 

b. The Contractor shall be responsible for maintaining usage records and providing such records, 

which are certified by the resident USDA Inspector or designated DCMC official, to the PCO (Attn: 

Katherine Knecht) with a statement describing the rental fee due, and a certified check in accordance 

with Paragraph 10 f. This documentation and payment shall be provided to the Government on or 

before the 10th day after each calendar month. For any month in which the contractor has no nongovernment use, the contractor shall forward a statement of non-usage no later than the 10th day after 

each such month. 

 

c. This rental assessment does not limit the Government's right to reassess a higher rental fee if 

subsequent information demonstrates that a higher rental fee was due in accordance with calculation 

in Paragraph 10.a. 

 

d. The rental accrued at the expiration, termination or revocation of this agreement, shall be paid 

to the Government on or before the 10th day thereafter. 

 

e. Failure of the Contractor to provide the information required by paragraph b, above, to the 

PCO (Attn: Katherine Knecht) by the 10th of each succeeding month shall result in a rental charge for 

the month not reported on, of $3,750.00, which equals 1% of the purchase price. 

 

f. Payment of rent for the equipment and spare parts will be made by check in the following 

manner: 

 

(i). For the Multivac R530 use cost under paragraph 5 above submit to: 

 

THRU DLA Troop Support (FTRC) 

700 Robbins Avenue, Building 6B, 

Attn: Ms. Katherine Knecht 

Philadelphia, PA 19111-5092 

 

TO DFAS Columbus Center 

Gulf Coast C&A Division 

P.O. Box 182231 

Columbus, OH 43218-2231 

 

(ii). Payment shall be annotated to indicate the Agreement Number (contract & modification 

number). The payment should indicate any offsets authorized in the agreement. 
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11. VALUE OF THE PROPERTY. 

 

In the event of loss of the Multivac R530, the indemnification value to the U.S. Government shall be 

$375,000.00. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12. MAINTENANCE OF GOVERNMENT PROPERTY. 

 

The Contractor shall maintain the property in accordance with the appropriate Multivac Technical Manuals. 

The Contractor shall not cause any loss of coverage under the manufacturer's warranty. Should coverage 

under the warranty be lost, the Contractor shall be responsible for replacing any part that would be otherwise 

covered under the warranty. If replacement of a Multivac R530 component is required to maintain the 

Multivac R530 in usable condition, the warranty provisions from the manufacturer will be used to effect 

replacement. In the event that the warranty has expired or does not cover the damaged part and the damage 

is not caused by the negligence of the Contractor or his agents or employees, the Contractor is authorized to 

purchase the required part and deduct the amount of that part from the above monthly rate once the part has 

been delivered. If there are no commercial charges for that month, the Contractor shall carry over the 

amount until there is a month that has commercial charges. The replacement cost may be used as a credit 

only to offset rental costs. In no case will the spare part replacement be reimbursable. The Government will 

not provide replacement components. The determination as to the cause of the part's damage or failure is 

the responsibility of the Contracting Officer or designee. 

 

13. CONDITIONS FOR RETURN OF MULTIVAC R530 TO THE U.S. GOVERNMENT. 

 

Any repair or maintenance work required to be performed before returning property to the Government is a 

contractor's cost. The equipment shall be inspected by a Government representative designated by the 

Contracting Officer and returned to the U.S. Government via DD Form 1149. 

 

14. The Contractor will provide operators, additional parts and maintenance at no cost to the Government. 

 

15. The Contractor, at his own expense, shall store and maintain the equipment in good condition and repair and 

make all necessary replacement of components and parts during the term of the agreement. The Contractor 

shall furnish all lubricants, maintenance and shop usage items. The Contractor shall assume all charges for 

the use or maintenance of this equipment during the term of this agreement. Maintenance shall be in 

accordance with good manufacturing practices and paragraph 18. Contractor shall, during the term of this 

agreement, make no changes or alterations in the equipment, except with written consent of the Contracting 
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Officer. 

 

16. The Contractor shall not mortgage, pledge, assign, transfer, sublet or part with possession of the equipment 

in any manner to any third party either directly or indirectly, except that this provision shall not preclude the 

Contractor from permitting the use of the equipment by a third party with the prior written approval of the 

Contracting Office, and the Contractor shall not do or suffer anything whereby any of the equipment shall or 

may be encumbered, seized, taken in execution, attached, destroyed or injured. 

 

17. After taking possession as provided in clause 4, the Contractor shall be solely responsible for the equipment 

until it is returned to the Government as provided for in this agreement. The equipment shall be returned in 

as good a condition as when received, reasonable wear and tear excepted. If the Contractor fails to return 

the equipment, the Contractor shall pay to the government the amount specified in paragraph 11 above, as 

the value of the equipment less the amount determined by the Contracting Officer to represent reasonable 

wear and tear for the period during which the equipment was usable. If the Contractor returns the equipment 

in other than as good a condition as when received, reasonable wear and tear excepted, the Contractor shall 

pay to the government the amount specified in paragraph 11 as the value of the equipment less both the 

amount determined by the Contracting Officer to represent reasonable wear and tear for the period during 

which the equipment was usable and the scrap value of the equipment. 

 

18. The Contractor shall take all steps necessary to protect the interests of the Government in the equipment, 

and the Contracting Officer may require the Contractor, at its own expense, to take reasonable measures, 

including but not limited to the procurement of insurance as may be necessary to protect such interest. 

 

19. On or before the last day of the term of this agreement or, in the event of earlier termination, as soon after 

termination as possible, the Contractor shall return the equipment to the location designated by the 

Contracting Officer. The Contractor shall be responsible and pay for all costs, including packaging, handling 

and transportation charges, to deliver the equipment to the designated location, except that the Contractor's 

responsibility for return transportation charges shall not exceed the amount required to return the property to 

DLA Troop Support, Philadelphia, PA. In the event the Government incurs any packaging, handling or 

transportation costs in the return of the property, the Contractor shall promptly reimburse the Government 

upon presentation of a statement thereof. In the event a return location is not provided by the Contracting 

Officer before the completion or revocation of this agreement, the Contractor agrees to continue to store, 

maintain, prepare for shipment and assume full responsibility and liability for the property, at no cost to the 

Government, for a period up to 60 days after expiration or revocation of this agreement. 

 

20. The property is provided without operators. Any operators deemed incompetent 

by the Contracting Officer shall be barred from using the equipment. 

 

21. In addition to the requirements set forth in any other part of this Agreement, the Contractor shall submit 

reports and records as required by FAR 52.245-2 Government Property (Fixed Price Contracts). These 

records shall be submitted in duplicate to the Administrative Contracting Officer (ACO) or his/her designee. 

The ACO shall provide a copy to Tiendung Nguyen, DLA Troop Support, Philadelphia, Attn: DLA Troop 

Support -FTRC, 700 Robbins Avenue, Building 6B, Philadelphia, PA 19111-5092. 

 

22. Upon request of the Contractor, the Contracting Officer shall furnish without charge, copies of drawings, 

specifications, or instructions as the Contractor may require for the operation of repair of the equipment and 

as, in the discretion of the Contracting Officer, may be reasonably available. 

 

23. INDEMNIFICATION. 

 

The Contractor shall indemnify and hold the Government harmless against claims (including reasonable 
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expenses of litigation and/or settlement) for damages to the equipment of the Contractor or claims by third 

persons (including officers, agents, servants or employees of the Contractor) for death, personal injury, loss 

of or damage to equipment arising from Contractor's authorized or unauthorized use of the equipment and 

occurring during the term of the agreement. The Contractor shall assume all risk of loss, damage or 

destruction to the equipment. Nothing contained in this paragraph shall be deemed to affect liability of the 

government to its own employees. In the event of a claim or notice of legal action arising under this 

agreement, the party (Government or Contractor) first receiving notice of the action shall notify the other as 

soon as possible after receipt of said claim or notice. 

 

24. At all times, the Contracting Officer (or authorized designee) shall have access to the job site whereon any of 

the equipment is situated for the purposes of inspecting or inventorying the same, or for the purpose of 

removing the same in the event of the termination of the agreement. 

 

25. CONTROL AND MAINTENANCE OF GOVERNMENT PROPERTY. 

 

The contractor shall be solely responsible for the storage and maintenance of the equipment at no cost to the 

Government. The provisions of Subpart 45.5 of the Federal Acquisition Regulations (FAR) and the DOD FAR 

Supplement that set forth requirements for establishing and maintaining control over Government equipment 

are incorporated by reference and made part hereof. 

 

26. ADJUSTMENT OF RENTALS - STATE OR LOCAL TAXATION. 

 

Except as may be otherwise provided, the rental rates established in this agreement do not include any State 

or local tax on the equipment herein. If and to the extent that the State and local government hereinafter 

make such equipment taxable by Act of Congress, then in such event the agreement shall be renegotiated. 

 

27. Except as otherwise specified in this agreement, all notices to either of the parties to this agreement shall be 

sufficient if mailed in a sealed postpaid envelope addressed as follows: 

To the Contractor The Wornick Company 

4700 Creek Rd 

Cincinnati OH 45242-2808 

________________________ 

 

To the Government TO Mr. Tiendung Nguyen 

DLA Troop Support Philadelphia 

Attn: Operational Rations-FTRC 

700 Robbins Avenue, Building 6B 

Philadelphia, PA 19111-5092 

 

COPY DCMA Dayton 

Building 30 Area A 

1725 Van Patton Dr 

Wright Patterson AFB OH 45433-5302 

 

28. DEFINITIONS. 

 

As used throughout this agreement, the following terms shall have the meanings set forth below. 

 

a. The term “Contracting Officer” means the person executing this agreement on behalf of the 

Government, and any other officer or civilian employee who is properly designated Contracting 

Officer, and the term includes, except as otherwise provided, the authorized representative of the 
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Contracting Officer acting within the limits of his authority. 

 

b. The term “Administrative Contracting Officer” refers to the Contracting Officer who is responsible for 

administering this agreement. 

 

29. PURPOSE. 

 

The specific purpose of this agreement is to provide the Defense Logistics Agency / DLA Troop Support with 

surge capability in the event of a contingency, and for the Contractor to develop a commercial business base 

thereby reducing the Contractor's dependency on the Government, which would strengthen the retort pouch 

industrial base and reducing costs in the Government. 

 

30. UNAUTHORIZED TO COMMIT U.S. GOVERNMENT. 

 

The Contractor is not authorized to commit the U.S. Government to any transactions. Requests for sale of 

defense articles will be subject to established review procedures and applicable statutes and regulations. 

 

31. APPROVAL. 

 

This agreement shall be subject to the written approval of the Director of Contracting or his duly authorized 

representative and shall not be binding until approved. 

 

32. ALTERATIONS. 

 

The following changes were made in this agreement before the parties signed it hereto: 

 

NONE 

 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this day and year first 

above written. 

 

 

UNITED STATES OF AMERICA The Wornick Company 

 

 

BY __________________________ BY _____________________ 

CONTRACTING OFFICER TITLE: 

 

 

 

 

 

ATTACHMENT 1 

 

MULTIVAC R530 PARTS LIST 

 

Spare parts accompanying the Multivac machine: 

 

One (1) sealbar 

One (1) set of calrod heaters for the sealbar 
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One (1) sealing die gasket 

One (1) set of sealbar activating membranes 

One (1) small parts kit of items as detailed below 

 

Contents of the Multivac spare parts kit with each machine 

 

PART STOCK

QUANTITY DESCRIPTION DIMENSION NUMBER NUMBER 

 

02 O-RING ID12X2 78.301.0122.00 880328 

10 O-RING ID26X2MM 78.301.0262.00 886811 

05 O-RING ID28X2 78.301.0182.00 880412 

10 O-RING ID40X2 78.301.0402.00 883688 

10 O-RING ID58X2MM 78.301.0582.00 886810 

05 O-RING ID70X2MM 78.301.0702.00 886591 

20 O-RING ID10X3MM 78.301.0103.00 883117 

20 O-RING ID14X3MM 78.301.0143.00 883929 

20 O-RING ID22X3 78.301.0223.00 886600 

20 O-RING ID30X3 78.301.0303.00 883468 

20 O-RING ID44X3MM 78.301.0443.00 886631 

10 O-RING ID55X3 78.301.0553.00 880415 

02 O-RING ID75X2.5 78.301.0752.00 886618 

02 O-RING ID95X2.5MM 78.301.0952.50 886611 

10 K-RING D24/14X8MM 78.310.0142.40 886809 

10 SHAFT SEAL 55/45X7MM 78.310.0455.50 886808 

06 K-RING 40.9/50.9/3.5 80.209.4010.00 880320 

06 K-RING 40MM OD 80.209.4010.10 884177 

02 K-RING 60MM OD 80.209.4010.30 883410 

02 SPRING D39.8 L61 19.781.3840.00 880321 

02 SPRING D49.5X90X4.25 19.781.4249.00 886534 

02 TENSION SPRING AD24.8 L150 19.784.4024.10 880153 

01 KIT --GASKET SET SPG/92154 FOR 80.209.4082.18 886901 

01 KIT --GASKET SET FOR 80203305102 80.209.4082.19 886902 

02 BRAKE PIN D20X12MM 11.531.8410.01 886481 

02 PISTON CUP D39X23 S/P 16513/39 80.275.1113.09 883072 

01 TOOTHED BELT W21 L520 79.632.2104.00 887532 

01 AIR ROLLER VALVE SPG/92485 1/8” 80.255.2112.21 885639 

01 KIT --GASKET SET F/AIR SWITCH 80.260.4780.32 886716 

01 WABCO VALVE 24 VT STANDARD TYPE 80.260.4805.00 883670 

01 RELAY (SOLID STATE) 85.631.5126.00 888503 

01 TOOTHED BELT 16X375 AT5 79.633.2075.41 886543 

01 TOOTHED BELT 16X660 AT5 79.633.2132.41 886545 

01 PRESSURE SWITCH W/1.5M CABLE 11.486.1105.03 886270 

01 TOOTHED BELT 11X545MM 79.633.2109.11 886547 

 

 

ATTACHMENT 1 

 

PART STOCK

QUANTITY DESCRIPTION DIMENSION NUMBER NUMBER 

 

02 PROXIMITY SWITCH NT5 30VDC R530 85.463.1025.13 886846 

02 PROXIMITY SWITCH QM/134/2M F.CYL 85.463.1012.00 887062 

01 PROXIMITY SWITCH NI10-G19-AP9 85.463.1015.50 882285 

10 G-CARTRIDGE FUSE M 0.2A C 250V 85.411.1100.38 884812 

10 FUSE 2 AMP 250V 85.411.1100.48 880145 
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

10 FUSE 6.3 AMP 250V 85.411.1100.53 881746 

02 RELAY (SCHRACK) 24VDC STANDARD 85.631.5125.10 880621 

01 RELAY (KACO) 24V RB51002L703 85.631.5125.50 884843 

01 RELAY (KACO) RD19420L701 85.631.5125.51 886140 

20 FORMING GASKET 3.2MM SILICONE 81.861.1210.32 880302 

01 TOOTHED BELT Z50 50X1000 AT20 79.633.3050.61 886655 

01 TOOTHED BELT 16X780 AT5 Z156 79.633.2156.41 887560 

01 TOOTHED BELT AT5 16X750 79.633.2150.41 887848

 

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name

ATTACH_Rental_Agreeme

nt_Multivac_636_Signed

Rental Agreement -

Multivac 636 Dated 

1-26-2022 Signed.pdf

ATTACH_Page_1_Signed Rental Agreement -

Multivac 636 Page 1 

Signed.pdf