Amended_SOW.docx

2.0 SPECIFICATIONS

Statement of Work To Assist the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service In Providing Commodity Inspection and Weighing Services

2.1 INTRODUCTION

The U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS), facilitates the marketing of U.S. grain and related agricultural products through the establishment of standards for quality assessments, and regulation of handling practices. AMS’s Federal Grain Inspection Service (FGIS) administers the official commodity inspection and weighing program under the authority of the Agricultural Marketing Act of 1946 (AMA), as amended. The AMA authorizes the Secretary of Agriculture to contract with private firms, institutions, and individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting with private companies and individuals to sample, inspect, and weigh commodities when requested by FGIS-Field Management Division.

2.2 SCOPE OF WORK

Contractor must provide processed commodity inspection and weighing services under the authority of the AMA in the geographical area serviced by the FGIS Domestic Inspection Operations Office (DIOO) Reimbursement is on a hourly basis and FGIS would only reimburse hours at the plant location (or as noted under services delayed, withdrawn, or dismissed by the plant). Travel time to this location will no longer be reimbursed. Contractors are welcome to bid outside the 25 mile radius.

The commodity plant is in the following location: SEMO Milling, 261 River Rd, Scott City, MO 63780.

Work at the plant may include any or all activities in the Processed Commodities Handbook, Weighing Handbook, Condition of Food Container Handbooks, Sanitation Handbook, and applicable Directives. The commodity inspection services that FGIS may assign to the contractor may include any of the following services:

a. Sampling Service. Drawing a sample from a processed commodity lot using FGIS-approved methods to obtain representative samples for laboratory analysis to determine quality based upon contract requirements and instructions.

b. Condition of Food Container Inspection. Examining the containers for condition, construction, sealing, and markings using U.S. Standards for Condition of Food Containers. (Reference: Agricultural Marketing Service, Part 42--Standards for Condition of Food Containers)

c. Checkweighing. Weighing a selected number of containers from a processed commodity lot, determining the estimated total gross, tare, and net weight, or the estimated average gross or net weight per filled container. (Reference: Weighing Handbook, Chapter 4)

d. Carrier Stowage Examination. Visually determine if a carrier or container is clean; dry; free of infestation, rodents, toxic substances, and foreign odor; and suitable to store or carry a commodity. (Reference: Directive FGIS 9180.48)

e. Checkloading. Performing a stowage examination on a carrier, computing the number of filled containers loaded aboard the carrier, observing the condition of containers loaded aboard the carrier, and sealing the loaded carrier, if practicable. (Reference: Directive FGIS 9180.50)

The number and kind of work activities at each plant may expand or be reduced during the contract period based on requests FGIS-Field Management Division (FMD) receives from interested parties involved in purchasing and producing product and FGIS-FMD’s performance assessment of the contractor.

2.3 APPLICABLE DOCUMENTS

Contractor must perform all commodity inspection and weighing related services in accordance with the AMA (7 U.S.C. 71 et seq.), regulations (7 CFR Part 868 subpart A), Handbooks, instructions, methods, policies, and procedures.

Links to applicable material for this work are in parts of the following:

Sanitation Inspection Handbook: https://www.gipsa.usda.gov/fgis/handbook/SanitationHB/SanitationHB_2016-03-15.pdf Weighing Handbook, Chapter 4, Checkweighing:

https://www.gipsa.usda.gov/fgis/handbook/WeighingHB/WeighingHB_2016-04-19.pdf Processed Commodities Handbook, Chapters 1, 2, and 3:

https://www.gipsa.usda.gov/fgis/handbook/PCHB/PCH_2016-03-08.pdf United States Standards for Condition of Food Containers:

https://www.ams.usda.gov/sites/default/files/media/FV-Manual-ConditionofContainer.pdf Stowage Examination Services, FGIS Directive 9180.48:

https://www.gipsa.usda.gov/laws/directives/9180-48.pdf Checkcounting, Observation of Loading, and Checkloading Services, FGIS Directive 9180.50:

https://www.gipsa.usda.gov/laws/directives/9180-50.pdf

2.4 RESPONSIBILITIES

a. Contractor must perform all commodity inspection and weighing related services using licensed personnel. Personnel must demonstrate written and practical knowledge and hold active licenses as defined by FGIS-FMD before they can perform work independently. Licenses may be issued by FGIS-FMD on or before the first day of work after contractor demonstrates knowledge of the written material and can show they can do the work. FGIS-FMD is available to offer clarity on written material and work procedure before licensing. Written material is identified in Applicable Documents, see paragraph 2.3.

b. Contractor must also be able to (i) read, write, and understand English (ii) perform basic mathematical computations (i.e. addition, subtraction, multiplication, and division) and (iii) be able to lift at least 50 pounds.

Contractor must:

1. Not have a conflict of interest (as specified in 7 CFR §868.80). This includes the contractor and any officer, director, stockholder, employee, or other related entity.

(a) Advise FGIS immediately of any proposed change in name, ownership, officers or directors, or control of the contractor and, if a trust, any change affecting the trust agreement.

(b) Not enter into any local work agreements with plants, without FGIS approval that no conflict exists.

(c) Not accept personal compensation (this includes Contractor employees) of any kind from plants or plant personnel.

(d) Contractor personnel working in situations where their contractor status is not obvious to third parties are required to identify themselves as such.

2. Have qualified personnel available that meet the physical condition requirements in the Sanitation Inspection Handbook.

(a) Provide transportation for personnel to and from point(s) of service, and compensate personnel assigned to perform services under this Statement of Work.

(b) Use only personnel licensed by FGIS-FMD to perform services.

(c) Train and assist personnel in acquiring and maintaining the necessary skills to perform official service and maintain records of training.

(d) Keep FGIS informed of the personnel status changes and report any requests for work falling outside this SOW to FGIS.

(e) Ensure personnel have readily available, during working hours, a valid FGIS issued license to perform assigned services and that they abide by the plant’s or mill’s safety and sanitation regulations.

3. Provide official services at the time scheduled by FGIS-FMD or within two hours after receiving non-scheduled request for personnel from FGIS-FMD.

4. Follow approved official procedures and use only approved equipment for performing official sampling.

5. Report immediately any apparent violation of the AMA, Part 868 regulations, and instruction to the field office according to FGIS Directive 9070.6, Reporting Violation of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946, as amended.

6. Submit legible reports and documents to locations along with samples within the time frame, and in the manner specified by FGIS-FMD. Notices of irregularities will be documented and presented to contractors for correction whenever program inaccuracies are identified.

(a) Use forms provided by FGIS-FMD to document work.

(b) Complete and sign required reports and inspection forms.

(c) Keep an accurate record of the time inspections begin and finish.

7. Invoice FGIS-FMD for services rendered in response to BPA Call orders.

(a) Submit invoices to FGIS-FMD assigned personnel via email and IPP.GOV. Billing invoices must contain sufficient documentation as determined by FGIS-FMD to support payment. At a minimum, invoices must include information in Paragraph 1.6.2 above.

c. AMS’s, FGIS, Field Management Division personnel are responsible for interpreting specifications; determining appropriate inspection methods and techniques; and developing inspection guidelines, instructions, handbooks, and training aids.

FGIS will:

1. License personnel determined by FGIS as qualified to perform official sampling and related services. Test potential licensees to determine their skills and abilities. (Information that will be tested is contained in paragraph 2.3 and this SOW.) Issue and renew licenses, in accordance with 7 CFR Part 868 Regulations as supplemented by FGIS-issued instructions and maintaining the licensing database.

2. Provide the Contractor with the pertinent regulations, instructions, directives and notices; sampling, inspection and weighing procedures and equipment; containers and tags for mailing samples; security containers; FGIS Directive 9070.6, Reporting Violations of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946; official forms including Form FGIS-110, Bribery Card.

3. Monitor the performance of Contractor in the application of sampling methods and techniques. FGIS-FMD will take the appropriate action if the work performed on its behalf is unacceptable as determined by FGIS-FMD.

8. Ensure that the Contractor understands: inspection and weighing methods and techniques; sampling methods and techniques; how to use handbooks, instructions, sampling plans, forms, and any equipment involved in performing required services; the necessity and procedures for sample, equipment, and inspection data security; that samples must be mailed to the appropriate laboratory in a timely manner; and that they are not employees of the Federal Government and therefore, are not covered by such benefits as health, retirement, vacation, social security, unemployment compensation, workman’s compensation, etc.

2.5 PERFORMANCE

The Contractor shall provide the service when calls are placed against the BPA by the individuals authorized to request services during the contract period of performance.

The Government and Official Agencies are obligated only to the extent of authorized purchases made under the BPA.

2.6 BASIS FOR PAYMENT

The hourly rate for inspection services (includes all services listed in Paragraph 2.2 above) will be paid for services rendered at the service location in response to a BPA service call order.

Hourly rates for official inspection services shall include all costs necessary to perform the services covered under paragraph 2.2, including, but not limited to, transportation, training, licensing, overtime and premium pay, maintaining supplies, securing information, per diem, lodging, administration, and scheduling.

The contractor is responsible, without separate hourly reimbursement, for employee scheduling, re-ordering supplies, protecting equipment/supplies, securing and discarding reserve files, ensuring plant and company personnel meet sanitary requirements, supervising all activities, training in all activities, and maintaining relations with plant management.

a. Hourly rate (one rate) shall cover the following:

4. Cost of commuting to service location.

b. Computing hourly rates.

Hourly fees will be assessed in quarter hour increments for:

Hourly rates will be paid when:

1. Service has been requested at a specified location;

Hourly fees will be assessed to FGIS for the scheduled service if the request is withdrawn or dismissed after the Contractor’s employee departs for the service point or if the request for service is not withdrawn or dismissed by 2 p.m. of the business day preceding the date of scheduled service. (2-hour minimum) However, hourly fees will not be assessed to FGIS if Contractor’s officials determine that the Contractor’s employee can be used elsewhere or if the Contractor’s employee can be released without cost to the Contractor.

e. To whom fees are assessed.

Fees for official services including additional fees will be assessed to and paid by FGIS for the service.

1. The number of hours requested to work is not guaranteed; that is, the hours may be fewer than the amount shown in the Call Order.

2. Guaranteed 2-hour minimum payment per call out.

3. Form FGIS-992, Services Performed Report, must be completed and sent to FGIS each time called to a service location to perform a service. If, upon arrival, there is no work (including standby time), the service location call out and departure times and the phrase 2-hour minimum must be shown in the Comments of Sampler block. If there are fewer than 2 hours of work performed (including standby time), the service location departure time and the phrase 2-hour minimum must be shown in the block.

2.7 PUBLIC RELATIONS

It is essential for all employees of the Contractor, and their licensed subcontractors, to display a positive image of USDA by ensuring that their employees maintain favorable relations with the processed commodity plant or mill and associated staff. Personnel must be courteous in their dealings with facility management. All personnel working for the Contractor must carry identification at all times documenting employment by the Contractor. Work must be performed with due care, taking precautions against damage to property and interference with vehicular or pedestrian traffic. The Contractor must protect against damage to all USDA, commodity loading facility, and associated property. Contractor employees must identify themselves as contractors and not employees of the Federal Government.

2.8 QUALITY ASSURANCE

A. The government will evaluate the Contractor's performance under this contract. Nonperformance or substandard task performance will be documented when it occurs.

B. The Government will monitor quality control procedures under this contract. The Contractor will submit a quality control plan before the contract start date. The plan must include methods to be used for identifying and preventing defects in the quality of service performed and records to be kept to document corrective or preventive actions taken. The Contractor must make appropriate modifications and obtain acceptance of the plan by the Contracting Officer before the contract start date.

2.9 CONTRACTOR LIABILITY

The Contractor is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, from work performed by the Contractor’s employees and licensed subcontractors while under contract with USDA-AMS. The Contractor must immediately notify FGIS and the Contracting Officer, of any damages, losses, or injuries occurring during the performance of any contract with USDA.

3.0 WAGE RATES

The Service Contract Act applies to this contract. The Department of Labor Wage rates will be included in the BPA terms for each location and are listed below. The commodity plant is located in:

AMENDMENT 001

January 9, 2018