Master_Solicitation_for_Commodity_Procurements.pdf

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MASTER SOLICITATION FOR COMMODITY PROCUREMENTS

Effective Date: 11-24-2014

Table of Contents

Part 1 Instructions to Bidders

Part 2 Solicitation Provisions

Section A KCCO Provisions

1. Eligibility of Bidders

2. Submission of Bids

3. Period of Acceptance of Bids

4. Evaluation of Bids

Section B FAR Provisions

52.204-8 Annual Representations and Certifications (May 2014)

52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

52.214-3 Amendments to Invitations for Bids (Dec 1989)

52.214-4 False Statements in Bids (Apr 1984)

52.214-5 Submission of Bids (Mar 1997)

52.214-6 Explanation to Prospective Bidders (Apr 1984)

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999)

52.214-10 Contract Award-Sealed Bidding (Jul 1990)

52.214-12 Preparation of Bids (Apr 1984)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

52.214-31 Facsimile Bids (Dec 1989)

52.214-34 Submission of Offers in the English Language (Apr 1991)

52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

52.216-1 Type of Contract (Apr 1984)

52.216-27 Single or Multiple Awards (Oct 1995)

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

52.225-4 Buy America Act- Free Trade Agreements-Israeli Trade Act Certificate (May 2014) ii

52.225-6 Trade Agreements Certificate (May 2014)

52.225-25 Prohibitions on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications (Dec 2012)

52.232-15 Progress Payments Not Included (Apr 1984)

52.233-2 Service of Protest (Sep 2006)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

52.252-3 Alterations in Solicitation (Apr 1984) 52.214-3 Amendments to Invitations for Bids (Dec 1989)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

Section C AGAR Provisions

452.204-70 Inquiries (Feb 1988)

452.216-72 Evaluation Quantities—Indefinite Delivery Contract (Feb 1988)

452.219-70 Size Standard and NAICS Code Information (Sep 2001)

452.228-70 Alternative Forms of Security (Nov 1996) Part 3 Contract Clauses

Section A KCCO Clauses

1. Definitions

2. Invoice Requirements

3. Regulatory Requirements for Commodities and Packaging

4. Order of Precedence

5. Time is of the Essence

6. Carrying Charges

7. U.S. Origin of Agricultural Commodities - Waiver for Certain Ingredients

8. Shipping and Delivery Instructions

9. Shipment and Delivery

10. Seals on Transportation Conveyances

11. Miscellaneous Contract Requirements for F.o.b. Vessel Delivery

12. Contractor Expenses

13. Checkloading

14. Acceptance

Section B FAR Clauses iii

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010)

52.203-14 Display of Hotline Poster(s) (Dec 2007)

52.203-17 Contractor Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights (Apr 2014)

52.204-4 Printed or Copied Double-Sided or Postconsumer Fiber Content Paper (May 2011)

52.204-7 System for Award Management (Jul 2013)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)

52.209-1 Qualification Requirements (Feb 1995)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.211-5 Material Requirements (August 2000)

52.211-11 Liquidated Damages- Supplies, Services, or Research and Development (Sep 2000)

52.211-16 Variation in Quantity (Apr 1984)

52.214-26 Audit and Records—Sealed Bidding (Oct 2010)

52.214-27 Price Reduction for Defective Cost or Pricing Data-Modifications- Sealed Bidding (Aug 2011)

52.214-28 Subcontractor Cost or Pricing Data—Modifications—Sealed Bidding (Oct 2010)

52.219-3 Notice of Total HUBZone Set-Aside (Nov 2011)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

52.219-7 Notice of Partial Small Business Set-Aside (Jun 2003)

52.219-8 Utilization of Small Business Concerns (May 2014)

52.219-9 Small Business Subcontracting Plan (Jul 2013) Alternate 1 (Oct 2001)

52.219-11 Special 8(a) Contract Conditions (Feb 1990)

52.219-12 Special 8(a) Subcontract Conditions (Feb 1990)

52.219-14 Limitations on Subcontracting (Nov 2011)

52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999)

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns (Jun 2003)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) iv

52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under The Women-Owned Small Business Program (Jul 2013)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-3 Convict Labor (Jun 2003)

52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation (May 2014)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-26 Equal Opportunity (Mar 2007)

52.222-36 Affirmative Action for Workers with Disabilities (July 2014)

52.222-37 Employment Reports on Veterans (July 2014)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010)

52.222-54 Employment Eligibility Verification (Aug 2013)

52.223-6 Drug-Free Workplace (May 2001)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011)

52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2014)

52.225-5 Trade Agreements. (Nov 2013)

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

52.228-2 Additional Bond Security (Oct 1997)

52.228-11 Pledge of Assets (Jan 2012)

52.228-14 Irrevocable Letter of Credit (May 2014)

52.229-3 Federal, State, and Local Taxes (Feb 2013)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts for Prompt Payment (Feb 2002)

52.232-11 Extras (Apr 1984)

52.232-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jul 2013)

52.232-33 Payment By Electronic Funds Transfer-System For Award Management (Jul 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Businesses (Dec 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.242-13 Bankruptcy (Jul 1995) v

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984)

52.243-1 Changes-Fixed Price (Aug 1987)

52.244-6 Subcontracts for Commercial Items (July 2014)

52.245-1 Government Property (Apr 2012) Alternate I (Apr 2012)

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

52.246-11 Higher-Level Contract Quality Requirement (Feb 1999)

52.246-16 Responsibility for Supplies (Apr 1984)

52.247-34 F.o.b. Destination (Nov 1991)

52.247-58 Loading, Blocking, and Bracing of Freight Car Shipments (Apr 1984)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

52.252-4 Alterations in Contract (Apr 1984) 52.246-16 Responsibility for Supplies (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991) Section C AGAR Clauses

452.209 – 71 Assurance Regarding Felony Conviction or Tax Delinquent Status For Corporate Applicant

452.211-74 Period of Performance (Feb 1988)

452.216-73 Minimum and Maximum Contract Amounts (Feb 1988)

52.247-70 Delivery Location (Feb 1988)

Part 1 Instructions to Bidders This solicitation, called the Master Solicitation for Commodity Procurements (MSCP), is used for the solicitation of bids and award of contracts for various commodities under domestic and foreign food assistance programs administered by the Kansas City Commodity Office (KCCO). KCCO will periodically issue invitations for bids (IFB), available on the Web Based Supply Chain Management (WBSCM) public procurement page, and available through links on the Commodity Operations website and the Federal Business Opportunities (FBO) website. Contract functions, such as, viewing WBSCM Purchase Orders (i.e., contract) and shipping instructions, providing Advance Shipping Notices (ASN), and invoicing are performed in

WBSCM.

Bidders are required to read the MSCP, IFB, and USDA Commodity Requirements to understand the invitation, evaluation, and award process for KCCO commodity acquisitions. The MSCP will be updated as necessary to incorporate changes in law, regulation, and acquisition policies and procedures. Each invitation will incorporate the MSCP, which will be applicable for that invitation. Bidders should not assume that a copy of the MSCP, once downloaded for a particular IFB will be applicable for subsequent IFBs. The effective date at the top of the MSCP document will govern which version of MSCP is applicable to a particular IFB. Changes to the MSCP will be bolded in each version. Prior versions of the MSCP will be archived and available on the Commodity Operations Archived MSCPs webpage.

Bidders are encouraged to utilize the Food and Drug Administration’s (FDA) newly established Food Defense Mitigation Strategies Database (MSD) available at: www.accessdata.fda.gov . The MSD provides a range of food security preventive measures that food companies can implement to prevent intentional acts of contamination or tampering. Each company is encouraged to select the appropriate measures that best fit its needs. The MSD is designed as a resource for companies that produce, manufacture, process, package, distribute, store, and/or transport food or food ingredients. Questions and answers on these tools are available on FDA's MSD website. While having a food defense plan is currently voluntary, USDA encourages all food facilities to conduct a vulnerability assessment and implement a food defense plan with appropriate mitigation strategies. Under the FDA Food Safety Modernization Act (FSMA), food facilities registered with FDA will soon be required to conduct a hazard analysis and implement a preventive controls plan that addresses all reasonably foreseeable hazards, including hazards that may be intentionally introduced. In addition, as required by the FSMA, FDA is currently developing regulations that will require new mitigation strategies for foods deemed to be a high risk of intentional adulteration.

The following web sites are being provided to potential bidders to obtain the full text of the applicable Federal Acquisition Regulation (FAR), and the Agriculture Acquisition Regulation (AGAR) provisions and clauses incorporated in the contract:

http://acquisition.gov/far/index.html http://www.dm.usda.gov/procurement/policy/agar.html

This version of the MSCP incorporates clauses and provisions in effect through FAC 2005-76, this includes clauses and provisions effective as of

August 7, 2014.

https://portal.wbscm.usda.gov/publicprocurement https://portal.wbscm.usda.gov/publicprocurement https://portal.wbscm.usda.gov/publicprocurement http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=landing http://www.fbo.gov/ http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas-ca-ms http://www.accessdata.fda.gov/scripts/fooddefensemitigationstrategies/ http://www.accessdata.fda.gov/scripts/fooddefensemitigationstrategies/ http://acquisition.gov/far/index.html http://www.dm.usda.gov/procurement/policy/agar.html

Part 2 Solicitation Provisions

Section A KCCO Provisions

1. Eligibility of Bidders To be eligible to submit a bid, the bidder shall:

(a) Demonstrate its ability to meet the prescribed standards specified in the Government’s qualification requirements located at:

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

The Government reserves the right to adjust, limit, suspend or rescind any potential contractor who has been deemed qualified and placed on the Government’s Qualified Bidders List based on any subsequent information. The Government reserves the right to waive any minor irregularity and/or omission in the information contained in the qualification application that has been submitted.

(b) For dairy products, have a number of dairy plants approved by Agricultural

Marketing Service (AMS) sufficient to produce the quantity offered. The USDA AMS plant approval code must match the appropriate product or operation code for the commodity being offered.

(c) For f.o.b. vessel bulk grain shipments:

(i) Be a federally or state licensed warehouse and be on CCC’s List of Authorized Warehouses, or have a put through agreement or other means to assure timely delivery through an export elevator on CCC’s List of Approved Warehouses, with the ability to load ocean-going vessels and barges from a spout that is physically attached to the storage location.

(ii) Be a federally or state licensed warehouse and be on CCC’s List of Authorized Warehouses or have a put through agreement or other means to assure timely delivery through a dockside facility or a floating Mid- stream facility for exporting milled rice or soybean meal.

(iii) Have the ability to issue or cause to be issued export weight and grade certificates covering the exportation of the product at the location of the elevator. The certificates shall be acceptable to the FGIS.

(iv) Have approved loadout rates for tankers and tween-deckers.

(v) Trans-shipment will be allowed providing the origin of the loading is out of the Great Lakes. The original laker vessel shall be loaded at the federally or state licensed warehouse and trans-shipped to a larger ocean-going vessel most commonly in the St. Lawrence Seaway.

(d) For Instore bids, be on CCC’s List of Approved Warehouse or be recognized members of the grain industry and be otherwise able to furnish negotiable warehouse receipts or certified KC-228’s issued from the approved warehouse named in the bid.

2. Submission of Bids

(a) Submit bids to the office specified in the IFB at or before the exact time specified in the IFB. Submission of bids by any means other than as specified in the IFB will be determined nonresponsive. Bids that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

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

(b) All prospective bidders are required to submit offers electronically via the USDA Web Based Supply Chain Management (WBSCM) system. All offers are subject to all requirements of WBSCM and the invitation, including but not limited to—

(i) Obtaining a USDA eAuthentication logon ID and password to access

WBSCM. (Contact the WBSCM Help Desk at (877) 927-2648 or WBSCMhelp@ams.usda.gov for information regarding logon IDs, passwords, and WBSCM system questions or concerns.)

(ii) Choosing its own Internet Service Provider (ISP) to transmit, translate, or carry data between the bidder and the Government. The bidder is responsible for the cost of its third-party network. The Government will not be responsible for any failure attributed to the transmission of the bid data prior to being accepted and stored on the Government’s web server including, but not limited to, the following:

(1) Any failure of the bidder’s computer hardware or software;

(2) Availability of the ISP;

(3) Delay in transmission due to the speed of the modem;

(4) Delay in transmission due to excessive volume of Internet traffic.

(c) When authorized in an IFB, hard copy bids sent through regular mail or hand-delivered must be sealed in an envelope marked with the name and address of the bidder. Bids submitted by express mail shall be sealed inside a second envelope.

All envelopes shall be plainly marked: “Do Not Open Until Prescribed Time Under Invitation for Bid Number (enter appropriate number).” For express mail bids, this statement shall be printed clearly on the outer express envelope, not the mailing label.

3. Period of Acceptance of Bids The bidder agrees to hold the prices in its bid firm through the contract award date and time specified in the IFB.

4. Evaluation of Bids

(a) The Government will award a contract(s) to the responsible bidder(s) whose bid(s) conforming to the solicitation will be most advantageous to the Government, price and price-related factors considered. The following factors shall be used to evaluate bids:

(i) For commodities purchased for domestic programs, the total cost to the

Government to deliver the product to the ultimate destination, or;

(ii) For commodities purchased for international programs, the lowest-landed cost to the Government to deliver the products to overseas destination, or;

(iii) For commodities purchased for instore delivery, the total cost to the

Government including location and storage rates.

With respect to factor number (ii) above, as provided in AGAR 470.201 and 470.202, the contracting officer reserves the right to reject such offer if the acceptance of another offer for the commodity or related freight, when combined with offers for commodities or related freight, results in a lower landed cost to the Government. In addition, bids for which the Government has not received matching ocean freight offers/indications shall not be considered.

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

(b) HUBZone Program The Government will award contracts to eligible HUBZone bidders in accordance with FAR Subpart 19.13, except for price evaluation preference mandated by the provisions of 15 U.S.C. 657a, 15 U.S.C. 632(p)(5)(A)(i)(III)(cc). The HUBZone price evaluation preference shall be applied as follows:

For agricultural commodities procured for international food aid programs:

In accordance with 15 U.S.C. 657a, the price evaluation preference shall be 5% on the first portion of a contract to be awarded that is not greater than 20% of the total volume of each commodity being procured in a single invitation.

For agricultural commodities procured for domestic food distribution programs:

In accordance with 15 U.S.C. 657a, the price evaluation preference shall be:

(i) 10% for the portion of a contract to be awarded that is not greater than 25% of the total volume being procured for each commodity in a single invitation;

(ii) 5% for the portion of a contract to be awarded that is greater than 25%, but not greater than 40%, of the total volume being procured for each commodity in a single invitation; and

(iii) 0% for the portion of a contract to be awarded that is greater than 40% of the total volume being procured for each commodity in a single invitation.

Section B FAR Provisions 52.204-8 Annual Representations and Certifications (May 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_200_206.html#wp1137583 https://acquisition.gov/far/current/html/FARTOCP13.html#wp271421

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

https://acquisition.gov/far/current/html/52_200_206.html#wp1137684 https://acquisition.gov/far/current/html/52_200_206.html#wp1137777 https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_200_206.html#wp1149919 https://acquisition.gov/far/current/html/52_207_211.html#wp1144766 https://acquisition.gov/far/current/html/52_207_211.html#wp1144909 https://acquisition.gov/far/current/html/52_214.html#wp1129381 https://acquisition.gov/far/current/html/52_215.html#wp1144523 https://acquisition.gov/far/current/html/52_217_221.html#wp1135900 https://acquisition.gov/far/current/html/52_217_221.html#wp1135943 https://acquisition.gov/far/current/html/52_222.html#wp1147663 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1147704 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1148142 https://acquisition.gov/far/current/html/52_223_226.html#wp1168785 https://acquisition.gov/far/current/html/52_223_226.html#wp1168786

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its

Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for

EPA–Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

https://acquisition.gov/far/current/html/52_223_226.html#wp1168826 https://acquisition.gov/far/current/html/52_223_226.html#wp1169013 https://acquisition.gov/far/current/html/52_223_226.html#wp1192900 https://acquisition.gov/far/current/html/52_223_226.html#wp1169071 https://acquisition.gov/far/current/html/52_223_226.html#wp1169038 https://acquisition.gov/far/current/html/52_223_226.html#wp1169193 https://acquisition.gov/far/current/html/52_223_226.html#wp1169151 https://acquisition.gov/far/current/html/52_223_226.html#wp1181379 https://acquisition.gov/far/current/html/52_223_226.html#wp1188714 https://acquisition.gov/far/current/html/52_223_226.html#wp1169667 https://acquisition.gov/far/current/html/52_217_221.html#wp1136333 https://acquisition.gov/far/current/html/52_217_221.html#wp1143559 https://acquisition.gov/far/current/html/52_222.html#wp1160855 https://acquisition.gov/far/current/html/52_222.html#wp1152427 https://acquisition.gov/far/current/html/52_222.html#wp1162560 https://acquisition.gov/far/current/html/52_223_226.html#wp1168892 https://acquisition.gov/far/current/html/52_227.html#wp1139116 https://acquisition.gov/far/current/html/52_227.html#wp1145584

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters (Apr 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see H52.209-7H, if included in this solicitation);

(C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is https://www.acquisition.gov/ https://acquisition.gov/far/current/html/Subpart%204_12.html#wp1073667 https://www.acquisition.gov/Far/current/html/52_207_211.html#wp1144964 finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.

A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii)The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(v) The Offeror has has not , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(a)(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent

Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision) (Applicable to solicitations where the contract value is expected to exceed the simplified acquisition threshold of $150,000.)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more;

or

(B) The payment of a reimbursement, restitution, or damages inexcess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision) (Applicable to solicitations where resultant contract value is expected to exceed $500,000.)

52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item

Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137850

SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

52.214-3 Amendments to Invitations for Bids (Dec 1989) (See 52.252-3 for Alterations to this provision.)

52.214-4 False Statements in Bids (Apr 1984)

52.214-5 Submission of Bids (Mar 1997)

52.214-6 Explanation to Prospective Bidders (Apr 1984)

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999)

52.214-10 Contract Award-Sealed Bidding (Jul 1990)

52.214-12 Preparation of Bids (Apr 1984)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

52.214-31 Facsimile Bids (Dec 1989) (Applicable when facsimile bids are authorized by the IFB.)

52.214-34 Submission of Offers in the English Language (Apr 1991)

52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

52.216-27 Single or Multiple Awards (Oct 1995) (Applicable for Indefinite Delivery contracts.)

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

52.225-4 Buy America Act- Free Trade Agreements-Israeli Trade Act Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and” “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

(b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of provision)

(Applicable for acquisitions valued at $25,000 or more, but less than $202,000 and only to the packaging and container components utilized by commodity vendors selling agricultural products to KCCO; not applicable to the acquisition of empty 50 kg polypropylene bags, needles, and twine.)

52.225-6 Trade Agreements Certificate (May 2014)

a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

52.225-25 Prohibitions on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications (Dec 2012)

52.232-15 Progress Payments Not Included (Apr 1984)

52.232-40 Providing Accelerated Payment To Small Business Subcontractors (Dec 2013) https://acquisition.gov/far/current/html/FARTOCP25.html#wp225048 https://acquisition.gov/far/current/html/FARTOCP25.html#wp225048

52.233-2 Service of Protest (Sep 2006) Location where a protest may be served on the Contracting Officer:

The issuing office as indicated in the IFB.

(Applicable for all contracts expected to exceed the Simplified Acquisition Threshold of $150,000.)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

https://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.252-3 Alterations in Solicitation (Apr 1984) Portions of this solicitation are altered as follows:

52.214-3 Amendments to Invitations for Bids (Dec 1989)

(Amendments shall be acknowledged only by the method specified in the

IFB.)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

(Individual awards will be for the items or combination of items that result in the lowest aggregate cost to the Government, excluding the assumed administrative cost.)

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

(Compliance evaluations will be conducted on a post-award basis.)

(Applicable only for contracts exceeding $10,000,000.)

Section C AGAR Provisions 452.204-70 Inquiries (Feb 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

452.216-72 Evaluation Quantities—Indefinite Delivery Contract (Feb 1988)

To evaluate offers for award purposes, the Government will apply the offeror's proposed fixed-prices/rates to the estimated quantities included in the solicitation, and will add other direct costs if applicable.

(Applicable for indefinite delivery contracts.)

https://www.acquisition.gov/far/H https://www.acquisition.gov/far/H http://www.usda.gov/procurement/policy/agar.html

452.219-70 Size Standard and NAICS Code Information (Sep 2001) The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Commodity

(USDA

Commodity Requirement)

NAICS Code Small Business Size Standard

All Purpose Wheat Flour/Bread Flour Bakery Flour Products Barley Buckwheat Products Bulgur Wheat/Soy - Fortified Bulgur Corn Products Cornmeal Corn-Soy Blend Corn-Soy Blend Plus Corn-Soy Milk Instant Corn-Soy Milk Inst. Corn-Soya Masa Flour Soy-Fortified Cornmeal Soy-Fortified Sorghum Grits Super Cereal Plus Wheat Flour Wheat Soy Blend Wheat Soy Milk

(WFBF)

(BF)

(BAR)

(BWP)

(BWSF)

(CP)

(CM)

(CSB)

(CSBP)

(CSM)

(ICSM)

(MF)

(SFCM)

(SFSG)

(SCP)

(WF)

(WSB)

(WSM)

311211

Milled Rice (Bagged) Milled Rice (Bulk) Rice Products

(MR)

(KCPG)

(RP)

311212

Crude or Refined Corn Oil Corn Oil

(BOT)

(CO)

311221

Bulk Refined Soybean Oil Crude Degummed Soybean Oil Crude Sunflower Seed Oil Soybean Meal (Bulk) Sunflower Seed Butter Sunflower Seed Oil Value Added Soy Products

(BOT)

(BOT)

(BOT)

(KCPG)

(SSB)

(SFSO)

(VASP)

311224

1,000

Vegetable Oil Vegetable Oil Products

(VO)

(VP)

311225

Fortified R-T-E Cereals Instant Rice Baby Cereal Processed Cereal Products

(FC)

(RC)

(PC)

311230

Emergency Food Products Ready-To-Use Supplementary Food Ready-To-Use Therapeutic Food

(EFP)

(RUSF)

(RUTF)

311340

Dehydrated Potato Products Dehydrated Soup Mix

(DPP)

(DSM)

311423

Commodity

(USDA

Commodity Requirement)

NAICS Code Small Business Size…