As prescribed in 46.402-91 insert the following clause:
PREPARATION FOR DELIVERY AND INSPECTION OF FRESH FRUITS AND VEGETABLES (SEP 2007) - DLAD
(a) To the extent possible the government shall purchase product based on visual best value selection, i.e., that product which best meets customer needs after considering quality and price.
(b) For supplies to be delivered to DSCP cold storage sites in the continental United States, inspection shall be performed at origin by the government purchasing agent. Inspection at destination for identity, quality, condition, and quantity shall be performed by the government purchasing agent or by Veterinary/Medical Food Inspection Personnel Services. The contracting officer reserves the right to require that inspection be performed by the Agricultural Marketing Service, USDA, or by State Inspectors at the expense of the contractor.
(c) For supplies to be delivered directly to military posts, camps, stations, commissary stores or ports of embarkation for overseas customers, inspection shall be performed at origin by USDA or state inspectors at contractor’s expense. Inspection at destination for identity, quality, condition and quantity shall be performed by Veterinary/Medical Food Inspection Personnel Services.
(d) In preparing for delivery the contractor shall assure the following:
(1) Include with each shipment when available, a copy of DSCP Form 1930, signed by the contracting officer, stating whether USDA or State Inspection was accomplished at origin.
(2) Include a copy of the USDA or State Inspection Certificate with each shipment which receives such inspection. The certificate shall cite the rail car number or trailer license number. Any shipments received at destination without the required certificate will be inspected by the government at the expense of the contractor.
(e) In the event deliveries are rejected at destination, the contractor may request a reinspection from the contracting officer. The contracting officer may grant reinspections, if valid reasons exist. The reinspection will be conducted by the USDA. In the event results of reinspections confirm nonconformance with contract requirements, the cost of the reinspection shall be borne by the contractor. If results establish conformance with contract requirements, the cost shall be borne by the government.
(f) A representative portion of each contract line item may be check-weighed at destination to determine that the containers meet the specified minimum weight. No payment will be made for weights in excess of the minimum weight required by the contract. Except for supplies purchased for resale, contract requirements will be considered to be satisfied when the average weight per container meets the specified minimum weight. For supplies purchased for resale, each package must contain, at destination, no less than the marked net weight as shown on the container. (Except that lots in compliance with the USDA individual container weight allowance will be considered to meet contract requirements.)
(g) Fresh fruits and vegetables shall be packed in clean commercial type containers. Used containers are permissible if they are free of inappropriate markings. Containers shall be full, tightly packed, and properly closed or covered.
(h) When delivery is to be made to two or more destinations, the contractor shall separately brace each delivery segment at origin or otherwise provide for its protection while enroute to the other consignee(s).
(i) When seavans are loaded at origin for overseas shipment, copies of all papers including a copy of the inspection certificate and a consist document or equivalent document must be placed in the van. The consist document may be your own manifest provided the specified information is included and the copy placed in the van has the word “consist” written or typed on the top of the document.
The following information is to be written on the consist document:
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(1) Consignee’s Requisition Number
(2) Item Description
(3) Count
(4) Unit Price
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The consist document along with the inspection certificate, and phyto-sanitary certificate (if applicable) must be attached to one of the containers in the last row prior to sealing the van. (A copy of the phyto-sanitary certificate (if applicable) must also be attached to the outside of the van door). All papers must show the BPA number as well as other pertinent information as to the contents of the van. Vans will be loaded in accordance with guidance provided by the contracting officer.
(End of Clause)
