12-1NTS-21-R-0005 VLO RFP.pdf

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Attached to: USDA-Vessel Loading Observation Services Federal contract opportunity
Solicitation number: 12-1NTS-21-R-0005
Issued by: Department of Agriculture Agricultural Marketing Service

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Solicitation #: 12-1NTS-21-R-0005

United States

Department of

Agriculture

USDA-Vessel Loading Observation Services at Various

Continental U.S. Locations

Request for Proposal (RFP)

DATE: February 25, 2021

1.0

1.1

Title:

Vessel Loading Observation Services at Various Continental US. Locations

Performance/Scope Requirements:

The Agricultural Marketing Service (AMS) procures staple foods for use in various international food aid programs administered by the U.S. Agency for International Development and the

USDA Foreign Agricultural Service. The purpose of the Vessel Loading Observation (VLO) service is to ensure that all cargo lots subject to VLO observation are loaded to vessels in a clean and wholesome condition, without insect or rodent infestation or contamination, and packaged in sound, clean containers. The VLO is intended to provide an added measure of security in the Government’s effort to provide clean, sound commodities to our overseas recipients. The objective of this contract is to minimize the quantity of damaged commodities loaded on vessels, enhance the perception of U.S. agricultural commodities overseas, and protect the integrity of the foreign food assistance programs. Cargo is handled with greater care under observation.

Damages occurring from the dock, port shed, truck, or rail car to the barge, container, or vessel hold are documented by the VLO Contractor and corrected or removed at the time of

Contractor’s observation.

Under certain circumstances, AMS may require that ancillary services be performed.

Examples of such services include commodity black lighting in port warehouses following discovery of rodent contamination, or a full load count of a containerized shipment for verification purposes. Additional examples of services to mitigate damages could include secondary observation of vessel loading and/or containerization.

1.1.1 Contract Type:

The Government is contemplating the award of an indefinite delivery/requirements contract.

1.1.2 Objective:

The Contractor shall:

1. Attend the loading of the vessel, barges, and/or containers, and document observations using the following forms and the Web Based Supply Chain Management

(WBSCM) application:

Method of Conveyance Observation Worksheet Certificate

Container/Barge KC-41 KC-44

Breakbulk Vessel KC-43 KC-44

WBSCM is utilized by the government for tracking shipments. VLO loss and damage data will be captured in WBSCM through data entry or by using an Excel template. Forms KC-41 Container Loading Observation Worksheet, KC-43 Breakbulk

Vessel Loading Observation Worksheet, and KC-44 Breakbulk Vessel Loading

Observation Certificate (as identified in the table above), and the WBSCM template are provided in Appendix 1 and 3 of this Statement of Work. The Contractor serves as the eyes and ears of the government at the location of loading and should work in conjunction with the port/terminal, the ocean carrier representative, and if present, the freight forwarder and/or representative of the cargo owner (the cooperating sponsor) to ensure that deficiencies are recognized and dealt with promptly.

2. State damage occurring during vessel/container/barge loading, on the KC-41 or KC-43, as appropriate. Provide details of damage/shortage occurring during loading and describe the probable cause(s) of any damage.

3. Advise the Project Officer within 2 hours by telephone, or E-mail in the event of detrimental or unsanitary conditions that will not be accepted for loading, including the barge interior. Examples of detrimental or unsanitary conditions include, but are not limited to, bags or cartons soiled with hydraulic fluid, water, paint, grease, rodent or bird excrement, dust/dirt, or obviously inferior packaging or packaging materials. In addition, notify the Project Officer within 2 hours by telephone or E-mail of any commingling of bags/cartons with different markings. Identification should be made by Commodity

Purchase Order number.

In the event that commodities are found to be contaminated with any form of rodent excrement, it may be necessary to perform black lighting of those commodities which have already been loaded and those remaining to be loaded to determine the extent of the contamination.

4. Issue a letter of protest to the ocean carrier at the direction of the Contracting Officer (CO) or Project Officer. Digital photographs that clearly document the discrepancy must be made available via E-mail within 2 hours to the CO or Project Officer, if the Contractor is directed to issue a letter of protest.

5. Provide certification that the Contractor was present and witnessed the entire vessel/barge loading process. The certification for vessel loading should be provided by signing and submitting the form KC-44 as shown in Appendix 1. False certification will result in termination of the contract and may result in suspension or debarment.

1.1.3 Observation Procedures

The Contractor shall:

1. Provide the following minimum number of observers for each type of conveyance listed:

Conveyance Minimum number of observers

Containers/Railcars/ Barge

1 observer for every container or railcar/barge being loaded

Breakbulk- Conventional Loaded

1 observer for each hold on the ship and 1 observer on the ground.

Breakbulk-Spiral-veyor

When loading vessel with spiral-veyor, one observer for each hold and one observer at the loading belt.

2. Upon arrival at the loading berth or terminal where containers are to be stuffed, notify the vessel and stevedoring representatives that the observer will observe the loading at the request of government. Locate the individual designated by the ocean carrier to address deficiencies. If the ocean carrier does not provide a representative to address deficiencies, contact the applicable freight forwarder and record this information on the worksheet.

3. Conduct a visual observation of the general condition of the cargo to be loaded, where it is at rest in the port warehouse, conveyance, or on the dock. Repeat this procedure each day before loading starts. Report any discrepancies in remarks section of the KC-41 or KC-43, as appropriate. Include any letter of protest and digital photos and send within 2 hours via E-mail to the Project Officer.

4. Observe the condition of the hold(s) or containers before, during, and after the loading.

Record observations on the worksheet and note any deficiencies.

5. Record deficiencies of all other government cargo previously loaded such as, but not limited to, leaking vegetable oil cans or spilled cargo that has not been removed.

6. Observe and document the loading of the commodity as follows:

a. Utilize form KC-41 or KC-43, and WBSCM as appropriate.

b. Verify correct container markings. Document the findings on the worksheet, if incorrect markings are found, immediately take digital pictures and report the same within 2 hours to the ocean carrier representative and Project Officer.

c. Report any deficiencies found to the ocean carrier representative within 2 hours. If the ocean carrier representative is not responsive to correcting deficiencies or is not readily available, report this to the applicable freight forwarder and the Project Officer within 2 hours. Document the situation on the worksheet.

d. If serious detrimental conditions are found, immediately take digital pictures, document the finding on the worksheet, and report the same within 2 hours to the ocean carrier representative and Project Officer. Issue a letter of protest to the ocean carrier as directed by the Project Officer. If such a letter is issued, provide a copy of the letter with the worksheet and certificate to the appropriate freight forwarder and the Project

Officer.

e. The ocean carrier may be required to apply desiccants to containers loaded with bagged beans and whole grain corn shipped to certain countries. If desiccants are to be applied, the Contractor shall observe and report the application of such desiccants on the KC-41. The Contractor shall inform the Project Officer by telephone or e-mail within 2 hours if the application of the desiccants does not conform to the protocol outlined the USAID Revised Notice to the Trade, dated August 3, 2012. The notice may be reviewed at:

https://procurement.usaid.gov/topic/revised-notice-trade-deletes-duplicate-reference-rwanda-%E2%80%93-container-loading-protocol-bagged-be

7. Include the following on the worksheet:

a. All uncorrected deficiencies and the number of units involved.

b. The ocean carrier representative’s/loading stevedore’s signature after each day’s loading to indicate concurrence with the number of bags/cartons not loaded, including damaged bags/cartons removed, and the total number of damaged packages loaded and not removed, if any.

Note: All efforts should be made to remove damaged commodities. Notify the Project

Officer within 2 hours if the ocean carrier is not removing damaged commodities from the conveyance.

c. The ocean carrier representative’s signature, after loading is completed.

d. The location of containers placed in barge.

8. If a vessel stops loading food-aid cargo to load other cargo and then returns to loading food-aid cargo, check the condition of the hold prior to the resumption of loading, and proceed according to the chart below:

IF... THEN...

https://procurement.usaid.gov/topic/revised-notice-trade-deletes-duplicate-reference-rwanda-%E2%80%93-container-loading-protocol-bagged-be https://procurement.usaid.gov/topic/revised-notice-trade-deletes-duplicate-reference-rwanda-%E2%80%93-container-loading-protocol-bagged-be

It appears that the subsequent loading may have damaged the cargo previously inspected, Include a statement on the report to that effect, include digital photos and send to the Project

Officer within 2 hours via E-mail

It is not possible to determine the effect the loading may have had on the quality of the previously loaded cargo, Include a statement on the report that cargo not requiring inspection

(specify type of cargo) was loaded on top of the previously inspected cargo.

It appears that there is no damage No action required.

9. Certify the observation results on the appropriate VLO Certificate, KC- 44. Use the information from the KC-41, or KC-43 to complete the Certificate.

10. Distribute forms KC-41, KC-43 and KC-44 within 24 hours of completion of loading as follows:

a. Original to the ocean carrier or its agent

b. Copy to the applicable freight forwarder

c. Upload the template into WBSCM, and attach forms, if applicable

11. Upon completion of VLOs for all applicable line items, forward the Task Order

Report/documentation to the Project Officer via E-mail and include the following corresponding information:

a. Certificate Number

b. Certificate Date

c. Inspection Date

d. Inspection Location

e. Units - Damaged and Not Loaded

f. Units - Loaded Damaged and Not Removed

g. Units - Damaged after Loading & Removed

h. Units - Repaired -Recouped

i. Total VLO Damage

j. Loading Stevedore

k. Vessel/Barge Net MT Containers

l. Cost Per Unit

m. Certificate Cost

n. Invoice Number

o. Commodity PO Number and Line Item Number

p. Containerization Confirmation

12. Mitigate damages as follows:

a. The observer shall witness and record that the steamship lines have handled damaged commodities in accordance with the guidance and procedures outlined in the Notice to the Trade EOD-110, which is available at https://www.ams.usda.gov/content/recoopering-packaged-commodities-food-aid-https://www.ams.usda.gov/content/recoopering-packaged-commodities-food-aid-programs-0 programs-0. (Recoopering Notice.docx) The Contractor shall not consider damaged commodities as recouped unless the Contractor has witnessed the recouping process and certifies that the recouping was accomplished in accordance with EOD-110.

In the event commodity is recouped without being witnessed by a VLO inspector, the commodity will be reported as damaged/not loaded on the appropriate KC-41/44.

b. As requested by the Project Officer, the observer shall obtain commodity/product samples using only the method prescribed by the Project Officer. The Contractor may be requested to submit samples for lab analysis and provide results to the Project

Officer.

c. The disposition of the samples shall be as directed by the Project Officer.

1.1.4 Applicable Documents

The following legal/regulatory documents are relevant to this acquisition:

• United States Carriage of Goods by Sea Act (COGSA);

• The Harter Act;

• 22 CFR 211-Transfer of Food Commodities for Food Use in Disaster Relief, Economic

Development and Other Assistance;

• 7 CFR 1499-Foreign Donation Programs, Liability For Loss, Damage, Or Improper

Distribution of Commodities—Claims And Procedures;

• 7 CFR 1599-McGovern-Dole International Food for Education and Child Nutrition

Program; and

• U.S. laws will govern in determining the conditions of this contract.

1.1.5 Requirements/Tasks

1. Government Contact Information:

Upon contract award, the Contractor will be advised of the individual serving as the Project

Officer for the contract and the individual serving as Project Officer for report submission under 1.1.5, including applicable phone number(s) and E-mail address(es).

2. Availability and Notification:

The Contractor shall be available on 24 hour notice of the shipments. Attendance may be required simultaneously at numerous locations.

3. Task Orders:

The Government intends to issue task orders electronically pursuant to the format below;

however, it reserves the right to issue task orders orally, by email, or via WBSCM if necessary. Contractor will be required to be registered in WBSCM after award notification.

a. Cargo is booked for ocean transport at minimum on a monthly basis. As cargo is booked, the Project Officer shall provide the Contractor a task order in the form of a spreadsheet that contains the following information regarding shipments:

https://www.ams.usda.gov/content/recoopering-packaged-commodities-food-aid-programs-0 https://www.ams.usda.gov/content/recoopering-packaged-commodities-food-aid-programs-0 https://www.ams.usda.gov/content/recoopering-packaged-commodities-food-aid-programs-0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flnks.gd%2Fl%2FeyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMTAxMjAuMzM2Mjc1NDEiLCJ1cmwiOiJodHRwczovL2NvbnRlbnQuZ292ZGVsaXZlcnkuY29tL2F0dGFjaG1lbnRzL1VTREFBTVMvMjAyMS8wMS8xOS9maWxlX2F0dGFjaG1lbnRzLzE2NjIzMTcvUmVjb29wZXJpbmclMjBOb3RpY2UuZG9jeCJ9.knHzV9Ply5rf-gcM1S5_hgLZR3CnxhP2XAjbPxtxADs%2Fs%2F766766158%2Fbr%2F93360859781-l&data=04%7C01%7C%7C1013556cf68e49bc853c08d8cde8c618%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637485746931445821%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=yxIH3Vovf7gza2inex6lUZpjxpyDPFfjGp9EMQ9BPYI%3D&reserved=0

i. Load Port

ii. Expected Commodity Arrival Date

iii. Commodity Purchase Order Number

iv. Delivery Point

v. Commodity/Description

vi. Net Quantity in MT

vii. Steamship Line

viii. Vessel Name

ix. Country

x. Discharge Port

xi. Sales Order Number

xii. Commodity Vendor

xiii. Program

xiv. Cooperating Sponsor

xv. Freight Forwarder

Note: Those line items identified as ship basis “R” are commodities purchased on an intermodal plant basis and shall be subject to VLO only if the mode of conveyance is other than container.

b. At least 24 hours prior to the arrival of the vessel at the port or containers at the transfer terminal, the ocean carrier or its representative will request the VLO service by telephone or E-email. The ocean carrier will also inform the Contractor of the time and place of service and designate a local contact, i.e., individual(s) at the loading location, to address any deficiencies found during loading. The request for VLO will include the following information:

i. Commodity,

ii. Quantity in net metric tons or number of containers, as applicable, and

iii. Commodity PO number

VLO Contractor is required to make an inquiry during notification if containers are to be barge transported to the vessel versus trucked to the vessel loading area.

4. Conveyances:

Vessel Loading Observations (VLO) will be conducted on packaged cargoes, as defined in

1.1.3 Observation Procedures, loaded breakbulk into barges or palletized into barges, containers, breakbulk and bulk-style vessels. VLO will be performed on the barges to ensure they are dry, free from infestation, and free from detrimental or other unsanitary conditions.

5. Products:

The products subject to VLO service include dry staple foods such as rice, peas, beans, and lentils; dry blended foods such as wheat-soy blend and corn-soy blend; nutritional pastes and vegetable oil. This food aid is packaged in polypropylene or paper bags ranging in size from 20 kilograms to 50 kilograms, cardboard cartons containing various consumer pack quantities, liquid 20 liter pails and 208 liter drums.

6. Communications:

The Contractor shall provide timely responses to inquiries.

1.2 Place of Performance:

Provided in the table below are those locations where the Contractor may be required to perform. There is no guarantee that the Contractor will be required to perform at all listed locations during the period of the contract. Also, provided are the tonnages observed during

January 2018 through May 2020. The tonnage data are provided for informational purposes only, and there is no guarantee that the Contractor will observe similar tonnages at these particular locations. Currently, the form KC-362 lists all approved port locations and terminals that the Contractor will be responsible for servicing. This form and revisions will be located at https://www.ams.usda.gov/sites/default/files/media/KC0362.pdf .

Location Total MT – All Conveyances

Beaumont, TX 22,647

Chicago, IL Nasco Lake Calumet/Windy City 231,992

Houston, TX (Various locations)

CERES Gulf, Inc

Cooper/Ports America

Jacintoport International

Palmer Logistics

Southern Gulf Warehouse

Watco Dock & Rail

765,212

Jacintoport, TX 258,815

Lake Charles, LA 78,317

ARREFF/Norfolk, VA 184,363

Jacksonville, FL 22,648 https://www.ams.usda.gov/sites/default/files/media/KC0362.pdf

1.3 Period of Performance (AGAR 452.211-74 Period of Performance):

The base period of performance of this contract is from: April 1, 2021 through September 30, 2021.

Option period 1, if exercised, is from October 1, 2021 through September 30, 2022.

Option period 2, if exercised, is from October 1, 2022 through September 30, 2023.

Option period 3, if exercised, is from October 1, 2023 through September 30, 2024.

Option period 4, if exercised, is from October 1, 2024 through September 30, 2025.

1.4 Points of Contact:

The contractor shall immediately bring problems or potential problems affecting performance to the attention of the USDA Project Officer. Problems affecting a particular action should be resolved prior to starting the specific task. Verbal reports will be followed up with written reports when directed by either USDA point of contact.

USDA Project Officer:

Donna Bauer

US Department of Agriculture

Agricultural Marketing Service

Operations Support Division

Phone: (816) 926-2548

Gov’t Cell: (816) 590-2410

E-mail: donna.bauer@usda.gov

USDA Contracting Officer:

Kyle Hugo

US Department of Agriculture

Agricultural Marketing Service

Procurement Policy and Service Contracts Division

Phone: (202) 690-0405

E-mail: kyle.hugo@usda.gov

ADMINISTRATIVE SECTION

2.0 Invoice Requirements:

The contractor shall use the WBSCM application to submit invoices electronically for payment.

Additionally, an original copy of the invoice package shall be submitted to the Project Officer at donna.bauer@usda.gov. Additional requirements may be indicated at the task order level.

2.1 WBSCM Data Entry Requirements:

The contractor shall use the WBSCM application to submit the recorded vessel loading observation data, including KC-41, KC-43 and KC-44 forms. The contractor shall enter shipping and containerization data electronically that will be used for end-to-end visibility of the cargo shipments including, but not limited to, the VLO certificates, and any loss, damages, and reconstitutions. Data can be entered manually or uploaded via an Excel template.

Invoicing questions shall be directed to Donna Bauer at (816) 926-2548 or Kyle Hugo at (202)

690-0405.

2.2 Inspection/Acceptance:

All report forms (KC-41, KC-43, KC-44, and related observation documentation) except the task order report shall be submitted concurrently with the associated invoice. The task order reports shall be submitted as provided in 1.1.3 paragraph 11.

2.3 Assignment of Claims:

If requesting assignment of claims under the contract, the contractor may use USDA forms

CCC-251 (Notice of Assignment) and CCC-252 (Instrument of Assignment), which are attached in Appendix 2 (Assignment of Claims Forms) of the solicitation.

2.4 Definitions:

• “Project Officer” means USDA representative that administers the contract and the initial point of contact for the Contractor.

• “Observer” means the person(s) performing the work under the contract.

• “Freight forwarder” means the person/firm representing the shipper of the cargo being observed.

• “Commodity Purchase Order” means the contracted shipping or delivery instructions issued by the Government to the commodity vendor.

• “Breakbulk Vessel” means loose, non-containerized cargo.

• “Booking number” means reservation number used to secure equipment and act as a control number prior to completion of an ocean bill of lading.

2.5 Final Payment:

Final payment to the Contractor under this contract, will be payable only after:

1. Completion and acceptance of all invoiced work;

2. Adjustments have been made for all credits, refunds, payment discounts, or other applicable payment adjustments due.

3. Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the

Contractor's claim to amounts payable under this contract has been assigned under the mailto:donna.bauer@usda.gov

Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

PROPOSAL INSTRUCTIONS

3.0

3.1

3.2

Proposal Submission:

The offeror shall submit a separate written price proposal and a technical proposal for consideration before the due date and time for this Request for Proposal (RFP). Submission of the complete proposal will be done electronically utilizing email to kyle.hugo@usda.gov before the designated closing date and time of Thursday, March 11, 2021, at 6:00PM EST. All questions regarding this solicitation must be emailed to the Contracting Officer at kyle.hugo@usda.gov no later than close of business on Monday, March 1, 2021, at 6:00PM EST. The offeror shall include the solicitation/RFP number in the subject line of the email.

The proposal is limited to ten pages, 10 or 12 point, Arial or Times New Roman font, 1” to 1

½ margins. If double-sided pages are submitted, each side counts as one page.

Evaluation will be based on the contractor’s ability to meet the customer’s needs. Contractors are encouraged to submit information and material normally submitted to commercial customers in place of a standard government proposal. The Government request that the Price

Proposal be provided as a separate document.

The Government will require technical factors and will make an award based on best value to the government, with non-price factors and price being considered, as set forth in this document, in paragraph 4.2, Evaluation Factors.

Contractors are cautioned not to include assumptions, caveats, or exceptions within any part of their submission. Inclusion of assumptions, caveats, or exceptions to the requirement of any kind may result in the proposal no longer being considered. Contractors should only submit information explicitly requested in this RFP.

In addition, ensure that your company information in the System for Award Management

(SAM) is current and up-to-date. https://sam.gov/SAM/.

Technical Approach:

The offeror’s technical approach should unmistakably explain how the offeror will successfully fulfill the objectives described in Section 1.1.2 Objectives, and 1.1.3 Observation Procedures, and 1.1.5 Technical Requirements/Tasks of the Statement of Work. It should clearly describe the operational activities and (or) processes it will undertake – in accordance with the applicable performance standards and in a manner that will produce the performance results.

Contractor Capacity:

The Offeror shall document their ability to commence work immediately upon award and deliver results in requested time frames of task orders against this contract. The proposal will demonstrate the offeror’s capability and capacity to commence work and deliver results within the time frames needed by the government. The proposal will give indication of offeror’s approach for delivering results within the deadlines needed by the government. The contractor shall show the ability to fill necessary positions with qualified people including experience, education, awards, training, and self-development as it relates to its overall capability to recruit, select, train and retain staff with the expertise to perform at the standard level expected on this mailto:kyle.hugo@usda.gov mailto:kyle.hugo@usda.gov mailto:kyle.hugo@usda.gov https://sam.gov/SAM/ task. The contractor must also demonstrate that it has personnel with appropriate experience, education, training, and self-development as it relates to the SOW.

The offeror should include its list of identification of personnel key to the successful administration and résumés of key personnel proposed to support this contract. Résumés should be no longer than 2 pages in length. Résumés of key personnel should demonstrate their knowledge and skills capable of managing a service contract of similar size and scope.

3.3 Past Performance:

The offeror shall submit three (3) references for work of a similar size and/or scope, and performed within the past three (3) years, along with a description of the contract work performed. Provide a written discussion of past performance problems, and the corrective actions taken to resolve those problems. The information provided should be sufficient to demonstrate the relevance of the previous work scope. If three references cannot be provided, the offeror must provide justification as to why the three references cannot be provided to meet the acceptable criteria. References must include the following information:

• Name of contracting activity

• Contract and Task Order numbers

• Contract type

• Total contract value

• Description of contract work

• Name of contracting officer, telephone, and email address

• Name of government program manager, telephone, and email address

• Performance dates

Note - Neutral Past Performance:

In the event that no Past Performance history is provided, the offeror must provide compelling justification as to why the three references cannot be provided to meet the acceptable criteria.

3.4 Price Proposal:

Price Rate Sheet

VESSEL LOADING OBSERVATIONS

(Rates are per MT – unless notated)

Conveyance Base Year Option Year 1 Option Year 2 Option 3 Option 4

Containers/Railcars

Breakbulk with conventional loading

Breakbulk with spiral-veyor

Barge

Counting/Tallying

Black Lighting (per hour/daily)

Cargo Sampling (as proposed)

Lab Analysis (as proposed)

Rate schedule must be stated in U.S. currency I certify that this firm has the expertise necessary to perform the vessel loading observation services as specified in the request for proposals. I further certify that this rate schedule is my proposal to perform vessel loading observation services for a period of one year from the date the contract is awarded (plus options if exercised) to this firm and that such rate schedule is all-inclusive and will not change during the period under which the contract is effective.

X Signature, Title, Firm Name and Email address

EVALUATION BASIS

4.0 Proposal Evaluation

4.1 Best Value Analysis.

A comparative assessment of proposals against all source selection criteria in the solicitation will be completed. Award of this RFP will be made on a competitive best value basis, using

“trade-off” among price and non-price factors. The Government may elect to award to a contractor that is not the lowest price. Award will be made to the offeror whose proposal represents the best value to the Government.

4.1.1 Award without Discussions.

Award can be made without discussions at the Government’s discretion. However, the

Government may open discussions; and final terms, agreed upon after negotiations, must be submitted in a revised proposal to the CO via email.

4.2 Evaluation Factors

4.2.1 Non-Price Evaluation Factors.

The Government will evaluate proposals based on the following non-price factors:

• Technical Approach

• Contractor Capacity

• Past Performance

Non-price factors, when combined, are significantly more important than price.

Relative Importance of Evaluation Criteria: Of the non-price factors, Technical Approach is slightly more important than Contractor Capacity and significantly more important than Past

Performance. Technical Approach and Contractor Capacity are more important than Past

Performance. In 4.2.1, the non-price factors are listed in order of decreasing importance.

4.2.1.1 Technical Approach.

The technical evaluation will focus primarily on the contractor’s ability to perform operational activities and (or) processes it will undertake to perform the objectives stated in the Statement of Work, Sections 1.1.2 Objectives, 1.1.3 Observation Procedures, and 1.1.5 Technical

Requirements/Tasks.

The proposal submitted must address the technical capabilities of the contractor. The description should explain how the contractor has demonstrated/used the technical abilities required for successful performance in this type of task.

The proposal provides evidence that the offeror understands the performance objectives, observation procedures, and technical requirements/tasks stated in the Statement of Work, and the contractor’s detailed plan clearly documents a proposed solution/approach to meet the

Government requirement.

4.2.1.2 Contractor Capacity.

Proposals will be evaluated on their total background including experience, education, awards, training, and self-development as it relates to its overall capability to recruit, select, train and retain staff with the expertise to perform at the standard level expected on this task.

An acceptable proposal demonstrates the offeror’s approach for delivering results within the deadlines needed by the government.

Resumes should demonstrate similar skills performed that show the technical capabilities of the personnel submitted.

4.2.1.3 Past Performance.

The proposals will be evaluated on the following factors:

1) Quality (to include excellence of performance and other examples that demonstrate the offeror’s ability to implement solutions that have rectified existing problems or concerns);

2) Currency (to include the project month/year-begin/end dates);

3) Applicability (such as similarity of work, project scope, size, project value, hardware, software, tool usage, complexity, and the number and frequency of system interfaces or data exchanges that were supported to fulfill the requirement) of past performance as it relates to the requirements. The Government will consider in its evaluation the relevance and similarity of the offeror’s past performance information, the offeror’s written discussion of past performance problems, and the corrective actions taken to resolve those problems. The Government may use knowledge gained by other sources not provided by the quote.

The contractor must have responded to and corrected any contract or performance discrepancies, that were called to their attention, within a reasonable (daily - within 24 hours) period of time. For example, when the contractor is issued a letter or a verbal instruction noting a discrepancy, and the contractor is given a specific date or time by which the discrepancy must be corrected, the contractor must have responded within the time frame specified in the letter, or if no date was given, within an acceptable amount of time as noted by the telephone reference, to show responsiveness and correction of the problem.

Evaluators may consider performance on contracts which are not submitted by the offeror if they have knowledge of contracts not listed or if contracts are discovered during interviews that were not listed.

The standard for Past Performance is met when three (3) references are submitted for work of a similar size and/or scope, and performed within the past three (3) years, indicate overall satisfactory rating, in terms of quality of services provided, timeliness of performance, and overall customer satisfaction, (i.e. timely performance, no terminations for cause, no cure notices, no non-payment to subcontractor, no violation of Public Law (i.e. Service Contract

Act), no repetitive deficiencies, quality service).

Neutral Past Performance: In the event that no Past Performance history is available (the

Contractor has not performed the services in the past), the Contractor shall receive a Neutral rating. However, the contractor must provide compelling justification as to why three references cannot be provided.

4.2.1.4 Price.

Analysis will be performed by comparison of the proposed price, comparison to the

Government estimate, or any other methods authorized by regulation. Price is of less importance than the technical evaluation factors. However, as the technical ratings become closer, price becomes more important. Price will not be assigned a numerical weight, point score, or adjectival rating.

See reverse for Privacy Act, Public Burden, and Nondiscrimination Statements. Collection involves 10 or less individuals; therefore, OMB clearance not required.

KC-41 U.S. DEPARTMENT OF AGRICULTURE

(07-17-18) Agricultural Marketing Service

CONTAINER LOADING OBSERVATION WORKSHEET

1. DATE

2. INSPECTOR NAME 3. COMMODITY NAME

4a. LOCATION OF INSPECTION 4b. CITY 4c. STATE 4d. ZIP CODE

4e. TELEPHONE NO. (Including Area Code) 4f. FAX NO. 4g. EMAIL ADDRESS

5. VESSEL/CARRIER NAME

6. BOOKING NUMBER 6a. BOOKING COMPLETE? 7. PURCHASE ORDER (PO) NUMBER)

Yes No

7a. TOTAL QUANTITY ON PO (Units) 7b. PO COMPLETE? 8a. LOADING COMMENCED 8b. LOADING COMPLETED

Yes No

Complete findings below. Attach listing if more than 10 containers.

9. CATEGORY 10. AMOUNT 11. CONTAINER NUMBER(S)

a. Damaged and Not Loaded 1 6

b. Damaged and Loaded 2 7

c. Damaged, Loaded and Removed 3 8

d. Repaired, Recouped, and Loaded 4 9

e. Total VLO Damage (Sum of a thru c minus d)

5 10

12. COMMENTS/REMARKS (Infestation, Dirt, Moisture, etc.)

13. NUMBER OF METRIC TONS AND/OR UNITS FOR THIS DAY

(As advised by Loading Facility)

14. NUMBER OF CONTAINERS LOADED AND SEALED THIS DAY

CERTIFICATION AND ACKNOWLEDGEMENT

I certify that the information reported on this form is complete and accurate. This certification is executed with full knowledge of the provision of 18 U.S.C. 1001, which provides for a fine or imprisonment of not more than five years or both, for knowing and willfully making any materially false, fictitious, or fraudulent statement or representation, and with full knowledge of the provisions of 31 U.S.C. 3729, which imposes civil liability for any person who knowingly makes, uses, or causes to be made or used, a false record to get a false or fraudulent claim paid or approved by the Government.

The certification and acknowledgement is applicable to the services performed in accordance with the requirements of the USDA, Agricultural Marketing Service Vessel Loading Observation contract.

15. OBSERVER NAME (Please print) 15a. OBSERVER SIGNATURE 15b. DATE

16. OCEAN CARRIER/LOADING STEVEDORE

REPRESENTATIVE (Please print)

16a. OCEAN CARRIER/LOADING STEVEDORE REPRESENTATIVE

(Signature)

16b. DATE

Appendix 1

KC-41 (REVERSE)

PRIVACY ACT STATEMENT

The following statement is made in accordance with the Privacy Act of 1974 (5 USC 552a - as amended). The authority for requesting the information identified on this form is 7 CFR Part 17, the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), and the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480 - as amended). The information will be used to document the observation of vessel loading activities. The information collected on this form may be disclosed to other Federal, State, Local government agencies, Tribal agencies, and nongovernmental entities that have been authorized access to the information by statute or regulation and/or as described in applicable Routine Uses identified in the System of Records Notice for USDA/FSA–3, Consultants File. Providing the requested information is mandatory. Failure to furnish the requested information will result in a determination that it is not possible to process/take action based on this form.

PAPERWORK REDUCTION ACT STATEMENT

As specified in 5 CFR 1320, information will be collected from fewer than 10 persons. Therefore, Office of Management and Budget (OMB) approval is not required for this information collection. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate and any other aspect of this collection of information, including suggestions for reducing this burden estimate to U.S. Department of Agriculture, Commodity Operations-KC Organization, Chief, Business Operations Support Division, Stop 8768, P.O. Box 419205, Kansas City, Missouri 64141-6205.

NONDISCRIMINATION STATEMENT

The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the basis of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632 9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax

(202) 690-7442 or e mail at program.intake@usda.gov. Individuals who are deaf, hard of hearing, or have speech disabilities and wish to file either an EEO or program complaint, please contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish). Persons with disabilities, who wish to file a program complaint, please see information above on how to contact us by mail directly or by email. If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD).

NOTE: The provisions of appropriate criminal and civil fraud, privacy, and other statutes may be applicable to the information provided.

See reverse for Privacy Act, Public Burden, and Nondiscrimination Statements. Collection involves 10 or less individuals; therefore, OMB clearance not required.

KC-43 U.S. DEPARTMENT OF AGRICULTURE

(07-17-18) Agricultural Marketing Service

BREAKBULK VESSEL LOADING OBSERVATION WORKSHEET

1. DATE

2. INSPECTOR NAME 3. COMMODITY NAME

4a. LOCATION OF INSPECTION 4b. CITY 4c. STATE 4d. ZIP CODE

4e. TELEPHONE NO. (Including Area Code) 4f. FAX NO. 4g. EMAIL ADDRESS

5. VESSEL/CARRIER NAME 6. STEVEDORE

7. BOOKING NUMBER 8. PURCHASE ORDER (PO) NUMBER 8a. TOTAL QUANTITY ON PO (Units) 8b. PO COMPLETE?

Yes No 9a. LOADING COMMENCED 9b. LOADING COMPLETED

Complete findings below.

10. CATEGORY HOLD 1 HOLD 2 HOLD 3 HOLD 4 HOLD 5 TOTAL

a. Damaged and Not Loaded

b. Damaged and Loaded

c. Damaged, Loaded and Removed

d. Repaired, Recouped, and Loaded

e. Total VLO Damage (Sum of a thru c minus d)

11. COMMENTS/REMARKS (Infestation, Dirt, Moisture, etc.)

12. NUMBER OF METRIC TONS AND/OR UNITS FOR THIS DAY (As Advised by Loading Facility)

CERTIFICATION AND ACKNOWLEDGEMENT

The certification and acknowledgement is applicable to the services performed in accordance with the requirements of the USDA, Agricultural Marketing Service Vessel Loading Observation contract.

13. OBSERVER NAME (Please print) 13a. OBSERVER SIGNATURE 13b. DATE

14. OCEAN CARRIER/LOADING STEVEDORE

REPRESENTATIVE (Please print)

14a. OCEAN CARRIER/LOADING STEVEDORE REPRESENTATIVE

(Signature)

14b. DATE

KC-43 (REVERSE)

PAPERWORK REDUCTION ACT STATEMENT

NONDISCRIMINATION STATEMENT

NOTE: The provisions of appropriate criminal and civil fraud, privacy, and other statutes may be applicable to the

See reverse for Privacy Act, Public Burden, and Nondiscrimination Statements. Collection involves 10 or less individuals; therefore, OMB clearance not required.

KC-44 U.S. DEPARTMENT OF AGRICULTURE

(7-17-18) Agricultural Marketing Service

BREAKBULK VESSEL LOADING OBSERVATION CERTIFICATE

CONTAINER BREAKBULK VESSEL

1. CERTIFICATE NUMBER 2. CERTIFICATE DATE 3. COMMODITY NAME

4. PURCHASE ORDER (PO) NUMBER 4a. TASK ORDER NUMBER 5. TOTAL QUANTITY ON PO (Units) 6. DOES THIS CERTIFICATE COMPLETE THE PO?

Yes No

7. DATE INSPECTION REQUESTED 8. DATE(S) INSPECTION SERVICES PERFORMED 9. LOCATION WHERE INSPECTION PERFORMED

10. BOOKING NUMBER 11. PROGRAM CODE/TITLE 12. VESSEL NAME

CONTACT INFORMATION

13. FORWARDER NAME 13a. EMAIL ADDRESS(ES)

13b. TELEPHONE NO. (Including Area Code)

14. OCEAN CARRIER NAME 14a. EMAIL ADDRESS(ES)

14b. TELEPHONE NO. (Including Area Code)

SUMMARY OF VESSEL LOADING OBSERVATION

15. CATEGORY 16. NUMBER OF UNITS 17. CONTAINER NUMBER(S) (Attach Rider if Needed)

a. Damaged and Not Loaded

b. Loaded Damaged and Not Removed

c. Damaged After Loading and Removed

d. Repaired, Recouped, and Loaded 18a. LOADING COMMENCED 18b. LOADING COMPLETED

e. Total VLO Damage (Sum of a thru c minus d)

19. TOTAL NUMBER OF CONTAINERS/UNITS (As applicable)

20. COMMENTS/REMARKS

CERTIFICATION AND ACKNOWLEDGEMENT

The certification and acknowledgement is applicable to the services performed in accordance with the requirements of the USDA, Agricultural Marketing Service Vessel Loading Observation contract.

21. OBSERVER NAME (Please print) 21a. OBSERVER SIGNATURE 21b. DATE

KC-44 (REVERSE)

PAPERWORK REDUCTION ACT STATEMENT

NONDISCRIMINATION STATEMENT

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Feb 25, 2021.