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)

THERMO PAC, LLC 

1609 STONE RIDGE DR 

STONE MOUNTAIN GA 30083-1109 

USA

CODE 0CBU1 FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

SPE3S1-21-D-Z131

2021 JUL 01

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.

X

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).

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

E. IMPORTANT: Contractor X is not, is required to sign this document and return 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: Michael Olsakowski 

 DMO0027 Tel: 2157377127 Email: Michael.Olsakowski@dla.mil

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

 15C. DATE SIGNED

Russell Manuel

2023 DEC 15

16C. DATE SIGNED

X

FAR 52.243-1

D. OTHER (Specify type of modification and authority)

See Blk. 16C

3. EFFECTIVE DATE

See Continuation Sheet

2

1. CONTRACT ID CODE

P00009

 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 6

Russell Manuel
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SPE3S1-21-D-Z131 / P00009

I. The following applies to contract SPE3S1-21-D-Z131. 

All other terms and conditions remain the same. 

THIS AGREEMENT, made and entered into this ___ day of ________ 2023, 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 ThermoPac, LLC (hereinafter called the contractor.) 

WITNESSETH THAT, the Government and the Contractor hereby agree to the following terms and conditions hereinafter set 

forth, for the use of the Government-furnished property listed in paragraph 1 hereof. 

1.ASSETS. 

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

approved premises) the Prodo-Pak Vertical Form Fill and Seal (VFFS) Machines, model PVSH 250 CSW10 serial number 1368 

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

Contractor's plant located at: 

 

ThermoPac, LLC 

1609 Stone Ridge Drive 

Stone Mountain, GA 30083. 

(b)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. 

2.INSTALLATION. 

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

its operation. 

3.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. 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. 

4.RESTRICTIONS. 

(a)The property shall be restricted to the limitations of the applicable Prodo-Pak VFFS 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. 

5.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. 

6.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 
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SPE3S1-21-D-Z131 / P00009

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 3, Usage, above, 

except to the extent authorization is specifically granted in that paragraph. 

7.RENTAL CHARGES. 

 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. 

(a)The Contractor shall be responsible for maintaining usage records and providing such records, which are certified 

by the resident USDA Inspector or designated Defense Contract Management Command (DCMC) official, to the PCO (Attn: 

Tiendung Nguyen; Tiendung.nguyen@dla.mil) with a statement describing the rental fee due, and a certified check in 

accordance with Paragraph 7(f) 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 non-government use, the contractor 

shall forward a statement of non-usage no later than the 10th day after each such month. 

(b)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 7(a) 

 

(c)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. 

(d)Failure of the Contractor to provide the information required by paragraph b, above, to the PCO (Attn: Tiendung 

Nguyen (Tiendung.nguyen@dla.mil) by the 10th of each succeeding month shall result in a rental charge for the month 

not reported on, of $7,295.00, which equals 1% of the purchase price. 

 

(e)Payment of rent for the equipment will be made by check in the following manner: 

 

(i). For the PVSH 250 CSW10 use cost under paragraph 5 above submit to: 

 DLA Troop Support (FTRC) 

 700 Robbins Avenue, Building 6B, 

 Attn: Tiendung Nguyen 

 Philadelphia, PA 19111-5092 

 

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

indicate any offsets authorized in the agreement. 

8.VALUE OF THE PROPERTY. 

In the event of loss of the PVSH 250 CSW10, the indemnification value to the U.S. Government shall be $729,440.00. 

 

9.MAINTENANCE AND MODIFICATION OF GOVERNMENT PROPERTY. 

(a)The Contractor shall maintain the property in accordance with the appropriate 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 PVSH 250 CSW10 component is required to maintain the PVSH 250 CSW10 in usable condition, the warranty 

provisions from the manufacturer will be used to effect replacement. The Government will not provide replacement 

components. 

(b)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 or repair of the equipment and as, in 

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

(c)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. 

(d)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 9. Contractor shall, during the term of this agreement, make no changes or alterations in the equipment, 

unless the exceptions in FAR 52.245-1(c)(2) apply or with written consent of the Contracting Officer. 

(e)The Contractor is not authorized to effect any nonstandard modifications to the property without the written 

consent of the Contracting Officer, except as authorized below. 

(i)Contractor is authorized to repair, modify, and/or alter the Vertical Form Fill & Seal Machine, Model PVSH250 CSW10 

in order to get it in usable condition and to modify the equipment from a single roll Vertical Form Fill & Seal 
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SPE3S1-21-D-Z131 / P00009

Machine to a double roll Vertical Form Fill & Seal Machine, and Contractor is liable for all costs affiliated with 

these repairs, modifications, or alterations. The Government is not liable for any prior or future costs the 

Contractor has incurred or may incur for such Contractor repairs, modifications, or alterations to the Vertical Form 

Fill & Seal Machine. Any other modifications or alterations of the Vertical Form Fill & Seal Machine for any other 

purposes not listed here are prohibited, unless the exceptions in FAR 52.245-1(c)(2) apply. 

(f)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. 

10.OPERATORS. 

The property is provided without operators. The Contractor will provide operators, additional parts and maintenance at 

no cost to the Government. Any operators deemed incompetent by the Contracting Officer shall be barred from using the 

equipment. 

11.CONDITIONS FOR RETURN TO THE U.S. GOVERNMENT. 

(a)After taking possession, 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 8 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 8 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. 

(b)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. 

(c)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 toa 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. 

12.THIRD PARTY USE. 

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. 

13.REPORTS AND RECORDS. 

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 52.245-1(f) Government Property (Fixed Price Contracts). These records shall be submitted 

to the Administrative Contracting Officer (ACO) or his/her designee. The ACO shall provide a copy to Tiendung Nguyen, 

DLA Troop Support, Philadelphia, Tiendung.nguyen@dla.mil 

 

14.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. 

15.ACCESS TO JOB SITE. 

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. 

16.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. 

 

17.NOTICES. 

Except as otherwise specified in this agreement, all notices to either of the parties to this agreement shall be 
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SPE3S1-21-D-Z131 / P00009

sufficient if emailed to the parties at the email addresses below or mailed in a sealed postpaid envelope addressed as 

follows: 

To the Contractor: 

 

ThermoPac, LLC Email: Llis@AMERIQUAL.com 

1609 Stone Ridge Drive 

Stone Mountain, GA 30083 

 ________________________ 

To the Government: 

Mr. Tiendung Nguyen Email: Tiendung.nguyen@dla.mil 

DLA Troop Support Philadelphia 

Attn: Operational Rations-FTRC 

700 Robbins Avenue, Building 6B 

Philadelphia, PA 19111-509 

18.ADDITIONAL CLAUSE 

The following clauses to the contract: 

FAR 52.245-1 Government Property 

FAR 52.245-9 Use and Charges 

DFARS 252.211-7007 

DFARS 252.245-7001 

DFARS 252.245-7002 

DFARS 252.245-7003 

DFARS 252.245-7004 

 

19.DEFINITIONS. 

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

(a) “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) “Administrative Contracting Officer” refers to the Contracting Officer who is responsible for administering this 

agreement. 

20.PURPOSE. 

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

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. 

 

21.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. 

 

22.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. 

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

UNITED STATES OF AMERICA ThermoPac, LLC 

 

BY __________________________ BY _____________________ 

 CONTRACTING OFFICER TITLE: 
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SPE3S1-21-D-Z131 / P00009

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name

ATTACH__ Government Furnished 

Equipment - Memorandum 

for Record for Contract 

SPE3S1-22-D-Z148 and 

SPE3S1-21-D-Z131 -