12-3J14-23-B-0451.pdf

Information Description: 12-3J14-23-B-0451 Bid invitation number: 2000009392 Purchasing Group: AMS-Domestic

United States Department of Agriculture 1400 Independence Avenue, S.W. - Room 3522

1400 Independence Avenue, S.W.

Room 3522-S, STOP 0239

Washington, DC 20036

SOLICITATION

Domestic Commodity Invitation

Bid invitation Overview Bid Timezone: Central Time Start Date: 06/01/2023 13:00:00 Offer Due Date : 06/16/2023 13:00:00

Opening date: 06/16/2023 13:00:00

Invitation Type : Definite Delivery

Additional requested information:

Tendering text - Header :

RAW SHELLED PEANUTS, SOLICITATION 12-3J14-23-B-0451 WBSCM NO: 2000009392

The U.S. Department of Agriculture (USDA) invites offers to sell Raw Shelled Peanuts pursuant to the AMS Master Solicitation for use in the domestic food distribution programs. Bids are due by 1pm CT on 6/16/23. Acceptances will be announced by 5pm CT on 6/23/23. Deliveries are to be made between 7/1/23 - 9/30/23.

This solicitation may show multiple stops on some line items; however, the number of stops will be limited to a maximum of three. To determine the number of destinations, review the "Tendering Text" for the lot, which will indicate the city and state for each stop. Bidders may submit different prices for each stop. However, a price is required on all line items within the lot.

Purchases will be made on an F.O.B. origin basis to the contractor facility or facilities listed on this Solicitation.

Please note: When title passes to buyer (USDA/AMS/CPP) the buyer will transfer care and custody to the company that has been designated by the state(s) to process the peanuts.

Destination quantities listed are estimates and subject to adjustment based on offerings, changes in recipient needs, market conditions, and program operations.

For offshore destinations (Puerto Rico, Hawaii, etc.), offerors have the option to choose to enter their bids direct to the offshore destination or to the port. Purchases will be made on an f.o.b. destination basis to cities on this solicitation. Destination quantities listed are estimates and subject to adjustment based on offerings, changes in recipient needs, market conditions, and program operations.

All prime vendors are reminded that they are prohibited from subcontracting with companies or individuals that have been suspended or debarred.

This Acquisition is small business set-aside. Bids received for the set-aside quantities from firms who are not small business concerns will not be considered. In the event the Government is unsuccessful in contracting with an eligible small business concerns for the set-aside quantities, the Government may award the quantities to other than small business concerns. The Contracting Officer reserves the right to utilize Federal Acquisition Regulation Part 19.507 Automatic dissolution of a small business set-aside.

Any small business concern proposing to furnish a product that it did not itself manufacture must furnish the product of a small business and, by the offer due date/local time, submit the corresponding supplier agreement to, Attention: Contracting Officer. The supplier agreement shall: be in effect between the offeror and the product manufacturer for the period of contract performance, certify compliance with the applicable solicitation requirements, be on the product manufacturer's company letterhead, and be signed by both parties.

A prospective contractor will be required to provide written evidence of a proposed subcontractor#s responsibility including Plant Sanitation and Food Defense surveys. The Contracting Officer will directly

Bid invitation number: 2000009392

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Domestic Commodity Invitation

Page 2 / 6 determine a prospective subcontractor#s responsibility, per FAR 9.104-4.

For a new-to-USDA contractor and existing contractors who are bidding on new products, a probationary period may be implemented in which awards are limited to 10 truckloads per product.

Contractor must demonstrate successful delivery of at least five (5) truckloads of product in order to be removed from probationary status on future solicitations. For the purposes of this rule, successful delivery is defined as product delivered on-time and in acceptable condition according to the terms and conditions of the contract. Any delivery problems directly attributable to the Government will not be held against the contractor.

NAICS Codes/Size Standards:

See Master Solicitation for Commodity Procurements # Domestic Programs (MSCP-D) at https://www.ams.usda.gov/selling-food/solicitations

Internet Address: http://www.ams.usda.gov/selling-food/solicitations

Contract Type: Firm Fixed Price

Schedule of Supplies: See WBSCM bid invitation

Accounting and Appropriation Data:

The commodities procured under this solicitation are currently for the following programs(s):

Section of Public Law: 32 / Program Name: 6E The National School Lunch Program

Additional Clauses and Provisions:

52.247-30 F.O.B. Origin, Contractor#s Facility. (Feb 2006)

(a) The term #f.o.b. origin, contractor#s facility,# as used in this clause, means free of expense to the Government delivered on board the indicated type of conveyance of the carrier (or of the Government, if specified) at the designated facility, on the named street or highway, in the city, county, and State from which the shipment will be made.

(b) The Contractor shall# (1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge;

(2)(i) Order specified carrier equipment when requested by the Government; or

(ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment;

(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier#s conveyance as required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage to the goods#

(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing and marking; or

(iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in the carrier#s conveyance;

(5) Complete the Government bill of lading supplied by the ordering agency or, when a Government bill

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Domestic Commodity Invitation

Page 3 / 6 of lading is not supplied, prepare a commercial bill of lading or other transportation receipt. The bill of lading shall show#

(i) A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable;

(ii) The seals affixed to the conveyance with their serial numbers or other identification;

(iii) Lengths and capacities of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc.;

(v) Special instructions or annotations requested by the ordering agency for bills of lading; e.g., #This shipment is the property of, and the freight charges paid to the carrier(s) will be reimbursed by, the Government#; and

(vi) The signature of the carrier#s agent and the date the shipment is received by the carrier; and

(6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency.

(End of clause)

Commodity Requirements:

Commodity Specification-Raw Shelled Peanuts - Quality of Product 1.,,From current crop year 2.,,Runner type peanuts 3.,,Any grade [American Peanut Shellers Grade Standards] http://www.peanut-shellers.org/pdf/tradingrules.pdf 4.,,Aflatoxin not to exceed 15 parts per billion (ppb),, Quality Assurance Raw shelled peanuts purchased for this domestic commodity invitation shall be:

1.,,Graded By United States Department of Agriculture (USDA), Agriculture Marketing Service (AMS), or their official agents. An AMS Milled Peanut Inspection Certificate is required.

2.,,USDA, AMS Transfer Clearance Certificate (peanuts) for all hopper rail shipments.

3.,,Check-loading certificate from AMS or an AMS approved inspection agency for all truck shipments.

4.,,Tested for aflatoxin by a USDA laboratory or a USDA-approved laboratory. Aflatoxin not to exceed 15 parts per billion (ppb). Certificate required.

5.,,All raw shelled peanuts awarded under this solicitation must be fumigated during the calendar months of May through November.

Weight Requirements The permissible variation shall be limited to plus or minus 0.5%. This variation shall apply to the WBSCM Purchase Order item quantity (i.e. net weight)

Offers must be submitted electronically via the Web-Based Supply Chain Management System (WBSCM). Offers submitted by any means other than WBSCM will be deemed nonresponsive. Offerors must be active in WBSCM and have the required bidder roles in order to submit offers under this solicitation. Once connected, follow the online procedures.

Offerors are cautioned to bid only quantities they can reasonably expect to produce and deliver.

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Inquiries about the Master Solicitation dated April 5, 2023, the Commodity Requirements Document for Peanut Products dated October 2019, or this Solicitation should be directed to the Contracting Officer;

USDA, AMS, Commodity Procurement Program, Proteins, Grains, and Oilseeds Procurement Division;

1400 Independence Avenue, S.W. S-0239; Washington, D.C. 20250-0239. Telephone: (202) 720-4517.

"The USDA prohibits discrimination against its customers, employees, and applicants for employment on the bases 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.) To file a complaint of discrimination, write: USDA, Office of the Assistant Secretary for Civil Rights, Office of Adjudication, 1400 Independence Ave., SW, Washington, DC 20250-9410 or call (866) 632-9992 (Toll-free Customer Service), (800)877-8339 (Local or Federal relay), (866) 377-8642 (Relay voice users)."

Bid invitation number: 2000009392

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Certification Questions :

Please note answering Bid Certification Questions in WBSCM is a required component of the offer.

See attached documents:

1 . Bid Certification Questions

2 . Master Solicitation for Commodity Procurement April 2023

3 . Peanut Products CRD

Attributes :

1. SYSTEM FOR AWARD MANAGEMENT (SAM).

1a. System for Award Management (SAM)-changes to this solicitation

2. Amendment to Solicitation

3. All USDA contact with the offeror that have a Not-Later-Than date prior to the solicitation opening:

Permitted values: - NO PREVIOUS CONTRACTS

- HAVE NOT BEEN DELIVERED

- HAVE BEEN DELIVERED

4. Brand name and pack size

5. Plant locations for all items have been verified pursuant to the Place of Performance-Sealed Bidding?

6. Suppler Agreeemtns:

Permitted values: - N/A

- NO

- YES

6a. Supplier Agreement-Capability Requirements

7. Commodity Specifications

8. Offeror Contact Information

8a. Emergency Point of Contact

9. GS1 Global Data Synchronization Network (GDSN)

10. Food Safety Moderization Act

Bid invitation Item details Item Material Description Required by ZipCode Quantity

10 PEANUTS RAW SHELLED

Bid invitation number: 2000009392

SOLICITATION

Domestic Commodity Invitation

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Item Material Description Required by ZipCode Quantity

20 PEANUTS RAW SHELLED-BULK 44000 LB

30 MEMPHIS TN

40 110700 PEANUTS RAW SHELLED-BULK 44000 LB 09/01/2023-09/30/2023 38118

4,928,000.00

LB

50 LOT: 2023033002 MEMPHIS TN

60 110700 PEANUTS RAW SHELLED-BULK 44000 LB 09/01/2023-09/30/2023 38118

31,450.000

LB

70 110700 PEANUTS RAW SHELLED-BULK 44000 LB 09/01/2023-09/30/2023 38118

12,550.000

LB

Total Quantity for PEANUTS RAW SHELLED-BULK 44000 LB 4,972,000.00

LB

Total Quantity for Invitation 4,972,000.00

LB