Tendering Text.pdf

SOLICITATION Information Domestic Commodity Invitation Description: AG-DPPD-S-12-0081 Bid invitation number: 2000001004

PEANUT PRODUCTS

NOTICE OF RESTRICTION:

PEANUT BUTTER SMOOTH Set-Aside for Small Business only PEANUTS ROASTED REGULAR Open to Large and Small Business

Acquisition Method: Sealed Bids (IFB)

Award Notification Date 5/17/2012 1300 Central Time

Public Release of Award Date: 5/18/2012

1. Solicitation Information Contact:

Name: Cheryl Davis

Telephone Number: 816-926-3377

Fax Number: 816-448-5891

E-mail: cheryl.davis@kcc.usda.gov

2. Internet Address:

http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas-do

3. This Acquisition is:

/X/ Unrestricted for PEANUTS ROASTED REGULAR

/X/ Set-Aside for PEANUT BUTTER SMOOTH:

/X/ Small Business Set-Aside in accordance with FAR 19.502-2. Any concern proposing to furnish a product that it did not itself manufacture must furnish the product of a small business manufacturer.

/X/ 8(a) Program will be 5 percent of total pounds for the invitation.

noncompetitive letter RFP only

/X/ Service-Disabled Veteran-Owned Small Business SDVOSB will be 3 percent of total pounds for the invitation.

noncompetitive, letter RFP only

Offers will be evaluated in the following order of precedence: 1. Bids. 2.

Proposals.

NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE

If specified in the solicitation, certain quantities are set aside exclusively for small business firms under the Small Business Act (15 U.S.C.

631, et seq.)

Bids received for these 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 concern(s) for the set-aside quantities, the Government may award the quantities to other than small business concerns.

NOTICE OF 8(a) ACQUISITION

If specified in the solicitation, the Government may reserve up to ten (10) percent of the solicitation quantity for 8(a) firms certified by the Small

Business Administration in accordance with the Federal Acquisition Regulation

(FAR), Part 19. The Government may increase the reserve to adjust quantities in the event of multiple awards to eligible 8(a) firms. In no event shall the Government offer for award a quantity in excess of an eligible 8(a) firm maximum quantity, if so established by the Government.

If the 8(a) small business firm is a nonmanufacturer, it shall meet the definition and requirements outlined in FAR Part 19. In the event the

Government is unsuccessful in contracting with an eligible 8(a) firm for the reserved quantity, the Government may award the quantities to other than 8(a) firms.

HUBZONE PRICE EVALUATION PREFERENCE

The Government will award contracts to eligible HUBZone bidders as provided in Part

2, Section A.4 of the Master Solicitation for Commodity Procurements at:

http://www.fsa.usda.gov/Internet/FSA_File/master_solicitation.pdf

If the bidder elects to waive the preference, it shall so indicate in its bid.

NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS ACQUISITION

If specified in the solicitation, the Government may reserve up to three (3) percent of the solicitation quantity for Service-Disabled Veteran-Owned

(SDVO) Small Business concerns as specified in FAR Clause 52.219.27. In the event the Government is unsuccessful in contracting with an eligible SDVO concern for the reserve quantity, the Government may award the quantities to other than SDVO concerns. If the SDVO concern is a nonmanufacturer, it shall meet the definition and requirements outlined in FAR Part 19.

4. NAICS Codes/Size Standards: See Master Solicitation for Commodity

Procurements at:

http://www.fsa.usda.gov/Internet/FSA_File/master_solicitation.pdf

5. Delivery Type: F.O.B. Destination

6. Submission of offers:

A. Offers/quotes must be submitted electronically via the Web Based Supply

Chain Management (WBSCM). Submission of offers by any other means will result in the offer being deemed as nonresponsive. Bids for less than item quantity requested will not be accepted. WBSCM is available online at:

https://portal.wbscm.usda.gov.

An offer/quote requires timely submission of all plant responses AND a vendor response.

Plant response consists of:

1) PRICE for applicable items shown herein on the schedule of supplies in the

Bid invitation item details section, see below and

2) CERTIFICATION ANSWERS in the ATTRIBUTES section

Important: Submission of the plant response just saves the data entered – the vendor response must also be submitted.

Vendor response consists of:

1) Marking that NO CONSTRAINTS apply if vendor can supply the cumulative item quantity offered OR entering quantity CONSTRAINTS to limit the offer to a quantity to less than the cumulative item quantity offered, and

2) Plant responses – submission of vendor response before the Offer Due Date and Time also physically submits all previously submitted/saved plant responses. Failure to timely submit the vendor response will result in no offer for the applicable solicitation.

It is imperative that the offeror verify the accuracy of their offer/quote.

The offer/quote may be printed from the WBSCM portal path Supplier>Bid

Management>Vendor Response Log.

B. Bid invitation Item details section:

Hierarchy of Item Numbers (Item) is indicated by progressive indentation:

-Level 1 Material Group, -Level 2 Material type and pack size, -Level 3 Destination single or multiple stops, -Level 4 Details; Material type and pack size, date range product required by, postal zip code, quantity, and unit of measure. Railroad information is not available unless shown. Item Offered price is entered at level 4 only.

Items will be awarded in increments of truckload sizes.

Multiple stop Items:

1) Are identified by LOT: number, city state/city state in the Tendering text at level 3 of an applicable Item;

2) Require the same price be offered at level 4 for each item of the Lot, and

3) Have up to three stop-offs and a final destination.

Offshore Items:

Items for delivery to offshore locations require the contractor to arrange and pay for ocean transportation in addition to the land transportation.

Offshore examples are Hawaii, Puerto Rico, and the Virgin Islands. Offshore locations are identified by the cities and postal abbreviations shown at the level 3 Item data.

Kosher Items (if applicable):

Item Material Descriptions which begin with “K ” (K space) are “Kosher Only.”

Kosher commodity requirements can be found in the attached commodity requirements document.

C. Only one bid price may be submitted for an item number.

D. Kosher Requirement.

The kosher only commodity requirements have changed.

“Kosher Only” products will be identified in the solicitation. Kosher only products shall comply with applicable dietary (kosher) laws as established by the “613 Council of Kashruth.” Manufacturing plants shall be certified for compliance with the aforementioned requirement by contacting the Board of Jewish Education of Greater New York (BJENY) at 646-472-5366. A rabbinic supervisor will be sent to certify compliance of the manufacturing plant with the dietary (kosher) laws.

Offeror shall certify that their manufacturing plant is capable of meeting applicable dietary (kosher) laws as established by the “613 Council of

Kashruth” and certification by BJENY.

E. Plant Location Requirement.

Offers shall accurately represent the plant location(s). Plant location is defined as the place where an end product is assembled from components, packaged, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. Upon acceptance of an offer, the combination of plant location and item becomes a contract term.

Offerors are directed to submit offers from only plant locations. Offers for locations representing non-plant locations, such as, company headquarters or

Shippers Option may be deemed non-responsive.

Prospective contractors need to verify, early in the offering period that the appropriate plant locations for the company are shown in the WBSCM Offer Form

Page dropdown box. Plant locations that are not included on the list cannot have an offer submitted in association with that plant. Therefore, any plant locations not included on the list, from which offeror intends to use in performance of the contract, should be added.

Plant location and the Place of Performance in ORCA provisions, 52.214-14 and

52.215-6 shall match. ORCA (Online Representations and Certifications

Application) is available online at http://www.bpn.gov/.

F. Supplier Agreement Requirement.

If the offer is for product the offeror will not itself manufacture, offeror shall, by the offer due date/local time, submit the corresponding supplier agreement to, Attention: Contracting Officer at the solicitation information contact address shown in this solicitation. 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 KCCO solicitation requirements, contain the DUNS number for the product manufacturer be on the product manufacturer's company letterhead, and be signed by both parties.

A prospective contractor may be required to provide written evidence of a proposed subcontractor’s responsibility. The Contracting Officer may directly determine a prospective subcontractor’s responsibility.

G. Business Size/Type Designation for Subcontracting.

Applicable if this solicitation contains a partial small business set-aside.

An offer from a small business to supply manufactured products of small and large businesses shall be divided and submitted separately using separate

WBSCM logon IDs.

7. Submit Invoices to:

The contractor shall use the invoicing function in WBSCM. More information can be found in the MSCP.

8. Shipment/Delivery Schedule:

July 1, 2012 – September 30, 2012

See Schedule of Supplies for period of performance. A Purchase Order will be available at least seven (7) calendar days prior to the first day of each period of performance scheduled in the contract. Contractor shall comply with the instructions in the WBSCM Purchase Order. If a WBSCM Purchase Order is available less than seven (7) calendar days prior to the first day of the contracted period of performance, the performance period shall be extended by the number of days the WBSCM Purchase Order is available. Contractor shall not be entitled to any extension of the performance period unless it furnishes evidence satisfactory to the Government that it was prepared to perform during the contracted period of performance.

9. Other Requirements:

A. Bidders shall meet the Qualification Requirements for Prospective

Contractors Selling Commodities to USDA provision at Part 2, Section A.1(b) in the Master Solicitation for Commodity Procurements (MSCP).

B. Seals on Transportation Conveyances

Suppliers of commodities, products and/or services shall be responsible for placing a seal(s) on all cargo doors of each transportation conveyance upon completion of loading, partial unloading, inspection, or servicing. The seal must be a numbered, barrier-type, high security bolt, cable or equivalent device which can only be removed with bolt cutter type tools. The contractor or its agent shall provide a sufficient number of barrier-type seals to ensure clear security of the lading while in route through final destination.

The seal numbers shall be documented on the Bill of Lading, which must be signed or acknowledged by the carrier of its agent. Deliveries may be refused if the seal is broken or missing, or if the seal number(s) does not match the seal number(s) recorded on the conveyance's Bill of Lading.

C. Contractor Past Performance Evaluation applicable for contracts exceeding the simplified acquisition threshold of $150,000.

The Government will prepare a past performance evaluation at the time the work under the contract or delivery order is completed. Evaluation will rate performance areas such as, quality of product or service, cost control, timeliness of performance, business relations, and when applicable, performance against, and efforts to achieve the goals identified in the small business subcontracting plan. The evaluation will be entered into the

Contractor Performance Assessment Reporting System (CPARS). Contractor will have an opportunity to comment on the Government evaluation. Details on access and use of CPARS will be provided to the Contractor at a future date.

The past performance evaluation may be used by the Government to support future award decisions.

D. Advance Shipping Notice, ASN: The Contractor shall provide an ASN to the

Goods Recipient identified on the WBSCM Purchase Order Item on the day of shipment for each conveyance. Contractors may upload multiple ASNs to the

WBSCM system using an Excel template in a comma separated CSV format.

Contractor must submit one invoice for each ASN. Each ASN must have a unique

Bill of Lading number.

E. Required Information for Bill of Lading,

1. Shipper Name, and Shipment Origin Address

2. USDA Contractor Name, if different than shipper

3. WBSCM Purchase Order Number and Item Number (formerly Contract

Number, N/D Number)

4. When provided, Sales Order (SO) Number and SO Item Number

(if no SO number use Purchase Requisition (PR) and PR Item Number

5. Consignee: WBSCM Purchase Order Item’s Goods Recipient Name c/o WBSCM Purchase Order Item’s Ship-to Name and Address

6. Number and Type of Units, Net Weight, and Material Description

7. Statement: “For USDA FOOD DISTRIBUTION PROGRAMS”

8. Manufacturer’s Lot Code/Lot Identification Number

9. Serial Number of Barrier-Type Seals Applied

10. Carrier’s Signature and Date

11. Date of Shipment

Note: When multiple WBSCM Purchase Order Items are shipped in one conveyance, show the applicable information for each WBSCM Purchase Order

Item. Also, load and brace the conveyance for accurate and economical unloading, e.g. load and brace truck trailers in reverse order of delivery.

TRUCK UNLOAD APPOINTMENT – At least 24-hours in advance of delivery, contact a responsible representative at the applicable WBSCM Purchase Order Item’s

Ship-to-Address for an unload appointment. Reference the WBSCM Purchase

Order (PO) Number, PO Item Number, and when provided, the Sales Order (SO)

Number and SO Item Number for which the appointment is being scheduled.

10. FAR and Agriculture Acquisition Regulation (AGAR) Provisions and Clauses:

In the event of a conflict between WBSCM and Federal Acquisition Regulation

(FAR) terminology, FAR terminology shall take precedence.

A. This solicitation shall be subject to the terms and conditions of KCCO's

Master Solicitation for Commodity Procurements (MSCP) in effect as of the date of this solicitation. See attached MSCP. The FAR and AGAR provisions and clauses applicable to this solicitation are contained in the MSCP.

B. // Applicable if checked. FAR Clause 52.232-18, Availability of Funds

(Apr 1984). Funds are not presently available for this contract. The

Government obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the contracting officer for this contract and until the contractor receives notice of such availability, to be confirmed in writing by the contracting officer.

11. WBSCM Information

A. Prerequisites for creating and submitting a domestic bid response

(offer/quote):

-Vendor qualifications (IFB Only):

http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas-vr

-Computer minimum requirements and settings:

http://www.fsa.usda.gov/Internet/FSA_File/wbscm_requirements_settings.pdf

-WBSCM Vendor Registration – many contractors’ registration data has been copied from the legacy system to Web-Based Supply Chain Management (WBSCM).

If you are unsure if your company is properly registered, contact the WBSCM help desk. If your company is not registered in WBSCM, fill out and submit the vendor registration form at the following URL:

http://www.fsa.usda.gov/Internet/FSA_File/wbscm_vendor_registration_form.pdf

Vendors will be notified via email when vendor registration is complete.

- WBSCM Corporate Administrator Registration - Vendors shall authorize a corporate administrator by submitting a signed copy of theSCM2 form. A person with proper legal authority for the company shall authorize individuals who will serve as:

1) Primary Corporate Administrator

2) Secondary Corporate Administrator

The corporate administrator(s) shall follow the all instructions in the

WBSCM-generated email.

-The corporate administrator will be responsible to

1) Register plants

2) Create users - with appropriate roles e.g. Commodity Offer

3) Assign Users to a plant

For directions on this process see instructions provided at:

http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=wbs.

B. E-Authentication Password Reset and Help Desk Information

Once WBSCM registration has been accomplished, the only password used for

WBSCM is the e-Authentication password. The user can reset this if they remember their own question hints. Otherwise they need to contact the e-

Authentication Help Desk by phone at 1-800-457-3642 or by email at eAuthHelpDesk@ftc.usda.gov.

C. User Registration Tips

A new user can only be created by the Corporate Administrator.

1. When creating a new user, the Last Name, First Name and email address must be the same in WBSCM and e-Authentication.

2. When adding a new user in WBSCM, the “Save” button should be selected after the roles have been added to the new user. If the “Save” button is selected prior to selecting the roles, the User Administrator can select that new user from the top and select the “Modify” button to add the roles to the new user.

3. A User Administrator can re-send the WBSCM registration email by selecting the user on the Manage Users screen, going to the last tab (Admin

Data tab), and selecting the Re-send Registration Email button.

The most common issues with registration are:

a. New user selects the wrong link in the WBSCM registration email.

b. New user does not select the “Accept” radio button within the notification from e-Authentication. This must be done within 7 days of the creation of the e-Authentication account.

c. User enters a different last name/first name/email address in e-

Authentication than what is in WBSCM.

D. Bid response training:

- Work instruction.

The following URL links to a work instruction which shows the procedure that a vendor may use to create and submit a WBSCM domestic bid response

(offer/quote):

http://www.fsa.usda.gov/Internet/FSA_File/wbscm_domestic_bid.pdf

- Available e-learning course.

The following e-learning course covers creating and submitting a domestic bid response (offer/quote):

Link: ftp://ftp.ams.usda.gov/WBSCMTraining

Directory: Updated Documentation/External/Procurement/Domestic

Course: EXT435 Domestic Commodity Bidding

E. WBSCM Help Desk Information

To obtain assistance using WBSCM, please contact the WBSCM Level 1 Help desk at any of the following:

-telephone 877-WBSCM-4U or 877-927-2648

-email: WBSCMhelp@ams.usda.gov

-Web form link on WBSCM Portal (https://srai.service-now.com).

You need to have the following information available when contacting the

WBSCM Level 1 Help Desk:

-Company’s Business Partner (BP) number: (if available)

-Company Name:

-Contact Name:

-Phone Number:

-E-mail Address:

-Identify that you are a Domestic Vendor

-Identify that you do business with FSA.

-Identify the deadline; date and time, for the Solicitation you need assistance with from the help desk.

Note: Screen Prints are also very helpful when trying to communicate your issue to the WBSCM Level 1 Help Desk.

Level 1 Help desk hours are Monday through Friday from 07:00 to 17:00 central time.

The WBSCM system is off-line Sunday evenings from 17:00 to 22:00 central time. Unplanned outages will be communicated through the WBSCM system.

Ray Boyd

Contracting Officer

May 3, 2012

AG-DPPD-S-12-0081