Rice_2000003334_TEXT_Federated_States_of_Micronesia.pdf

RICE PRODUCTS

Acquisition Method: Invitation for Bid

Description: AG-DRPD-S-15-0101

Number: 2000003334

Issued date: May 15, 2015, 1300 Central Time

Offers due: May 20, 2015, 0900 Central Time

Award Notification May 21, 2015, 1500 Central Time

Public Release of Award: May 22, 2015, 1300 Central Time

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This special solicitation is to aid the Federated States of Micronesia (FSM) with disaster relief resulting from Typhoon Maysak. All rice procured under this solicitation will be delivered to Nampa, Idaho for furtherance to the FSM. All rice with an ultimate delivery to FSM shall have zero indigo. The Federal Grading certificates mandated by contracts, awarded under this solicitation, must document that the rice is 100 percent indigo free

Please see 9. Other Requirements, E. Commodity Requirements Document clarifications, Fumigation and Inspection.

Please see 9. Other Requirements, G. Checkloading.

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1. Solicitation Information Contact:

Monday through Friday, except Federal Holidays, 8:00 a.m. to 4:00 p.m. CST.

United States Department of Agriculture (USDA)

Kansas City Commodity Office (KCCO)

Procurement Division, Stop 8718

PO Box 419205

Kansas City, MO 64141-6205

Mara Whitaker, Contracting Officer’s Representative

Telephone: 816 926 6063

Email: Mara.Whitaker@kcc.usda.gov

Alternate Contacts:

Ray Boyd, Contracting Officer

Telephone: 816 926 2612

Email: Roy.Boyd@kcc.usda.gov

Jenny N. Watson, Contracting Officer’s Representative

Telephone: 816 823 1145

Email: Jenny.Watson@kcc.usda.gov mailto:Roy.Boyd@kcc.usda.gov mailto:Jenny.Watson@kcc.usda.gov

Solicitation Description: AG-DRPD-S-15-0101

Solicitation Number: 2000003334

2. Commodity Operations Internet Address:

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

3. This Acquisition is:

// Unrestricted.

// Unrestricted for parboiled brown rice in 2-pound packages.

/x/ Set-Aside for:

/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.

// 8(a) Program (-0- pounds) noncompetitive letter RFP only

// Service-Disabled Veteran-Owned Small Business SDVOSB (-0- pounds) noncompetitive, letter RFP only

Offers will be evaluated in the following order of precedence:

1. Bids. 2. Proposals.

NOTICE OF 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.

Farmer-owned cooperatives are eligible for award of set-aside quantities as provided in 7 U.S.C.

Chapter 55 Department of Agriculture Section 2209f. See http://caselaw.lp.findlaw.com/casecode/uscodes/7/chapters/55/sections/section_2209f.html.

NOTICE OF 8(a) ACQUISITION

If specified in the solicitation, the Government may reserve up to five (5) 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 PROGRAM

The Government will award contracts to eligible HUBZone bidders as provided in Part 2, Section A.4 of the Master Solicitation for Commodity Procurements (MSCP) 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.

http://caselaw.lp.findlaw.com/casecode/uscodes/7/chapters/55/sections/section_2209f.html http://www.fsa.usda.gov/Internet/FSA_File/master_solicitation.pdf

NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

ACQUISITION

Service-Disabled veteran-owned (SDVO) small business set-aside procedures are specified in the

Federal Acquisition Regulation (FAR) Clause 19.1405. If specified in the solicitation, the

Government may reserve up to three (3) percent of the solicitation quantity for SDVO Small

Business concerns as specified in FAR Clause 52.219-27 (Nov 2011). 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, modifications, and withdrawals shall be submitted electronically via the Web

Based Supply Chain Management Computer System (WBSCM). Submission of the aforementioned by any means other than WBSCM will be deemed nonresponsive. WBSCM is available online at: https://portal.wbscm.usda.gov/.

B. Prerequisites for creating and submitting a domestic bid response:

-Computer minimum requirements and settings:

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

-WBSCM Vendor Registration – If you are unsure if your company is properly registered, contact the WBSCM help desk, as provided in Section C below. 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 the SCM2 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 all the instructions in the WBSCM-generated email.

http://www.fsa.usda.gov/Internet/FSA_File/master_solicitation.pdf https://portal.wbscm.usda.gov/ http://www.fsa.usda.gov/Internet/FSA_File/wbscm_requirements_settings.pdf http://www.fsa.usda.gov/Internet/FSA_File/wbscm_vendor_registration_form.pdf

-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

4) Update user roles, assignments, and plant registration as appropriate, e.g. delete user as they leave the company.

For directions on this process see instructions provided at:

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

C. 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.

Level 1 Help desk hours are Monday through Friday from 7:00 a.m. to 5:00 p.m. central time.

The WBSCM system is off-line Sunday evenings from 4:00 PM to Midnight central time.

Unplanned outages will be communicated through the WBSCM system.

D. WBSCM Offer Information

Work Instruction for Domestic Commodity Bidding offer submission may be found at:

http://www.fsa.usda.gov/Internet/FSA_File/wbscm_work_instructions.pdf under “WI and

Follow On Activities.”

Prospective contractors are responsible for starting the applicable processes early in the offering period and completing the applicable processes soon enough to ensure that their offer, http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=wbs mailto:WBSCMhelp@ams.usda.gov https://srai.service-now.com/ http://www.fsa.usda.gov/Internet/FSA_File/wbscm_work_instructions.pdf modification, or withdrawal is received by the exact time specified herein for receipt of offers. Offer submission may include processes, such as: register vendor, authorize user access and roles, create eAuthentication account, accept WBSCM rules of behavior, register plants, assign users to plants, save plant responses and submit vendor response (offer).

Quantities will be awarded in increments of USDA standard truckload quantities, subject also to the offer’s quantity constraints. Quantity constraints shall be entered in pounds.

An offer 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 Questions section of the RFx Information tab.

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.

E. 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) 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.

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

D. Kosher Requirement.

The kosher only commodity requirements have changed (see the Schedule of Supplies for web link) and offerors for kosher will be required to certify capability to meet requirements.

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 Federal Acquisition Regulations provisions

52.214-14 (Apr 1985) and 52.215-6 (Oct 1997) shall match. Representations and Certifications are available online at the System for Award Management at website www.SAM.gov.

F. Supplier Agreement Requirement.

If the offer is for product the offeror will not itself manufacture, offeror shall, by the offer due date/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.

http://www.sam.gov/

G. Business Size/Type Designation for Subcontracting.

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. An offer from a farmer-owned cooperative large business to supply manufactured products of both a small business and other than small (i.e., farmer-owned cooperative large business or large business) shall be divided and submitted separately using separate WBSCM logon IDs. See information below.

Examples:

If offeror business size is small business and the manufactured product is subcontracted to a small business then the WBSCM size designation is small business.

If offeror business size is small business and manufactured product is subcontracted to a Farmer-owned Cooperative large business or a large business then the WSBCM size designation is large business.

If offeror business size is large business and manufactured product is subcontracted to a small or a large business then the WBSCM size designation is large business

7. Invoices:

The contractor shall use the invoicing function in WBSCM. All invoice documents shall reference the WBSCM Purchase Order (PO) Number and PO Item Number, the Sales Order

(SO) Number and SO Item Number or Purchase Requisition (PR) and PR Item Number. The

System for Award Management at the website www.SAM.gov is used for payment purposes.

The contractor is responsible for controlling the accuracy of its business information.

8. Shipment/Delivery Schedule:

June 15, 2015 – August 31, 2015

See Schedule of Supplies for period of performance. A WBSCM 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. The 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 was not available. The 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).

http://www.sam.gov/

B. 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). The 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.

C. 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.

D. 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 (PO) Number and PO Item Number.

4. Sales Order (SO) Number and SO Item Number or 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 (PO) to include the WBSCM PO

Number, PO Item Number and the applicable Sales Order (SO) Number and SO Item Number or

Purchase Requisition (PR) Number and PR Item Number. 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 the applicable Sales Order (SO) Number and SO Item Number or Purchase

Requisition (PR) and PR Item Number for which the appointment is being scheduled.

E. Commodity Requirements Document clarifications.

Section 1.2 WARRANTY

Product shall not be manufactured more than 30 days prior to shipping. Manufactured date is defined as the calendar date on which the rice is milled.

Section 1.3 FUMIGATION

A. Not more than 10 days prior to packaging, the rice products shall be fumigated with, in a quantity and manner which will affect a kill in all stages of weevil or other insect infestation.

B. The contractor shall submit with his invoice for payment, a statement certifying that the rice products were fumigated in accordance with this requirement. The Fumigation certificate shall indicate the chemical, Aluminum Phosphide, Carbon Dioxide, or

Methyl Bromide used in the fumigation process. The fumigation certificate shall cite the actual date the rice was fumigated.

Section 1.4 INSPECTION

A. Inspection of the product shall be performed by the Grain Inspection, Packers &

Stockyards Administration (GIPSA). Procedures to follow and a schedule of fees for this service may be obtained at http://www.gipsa.usda.gov/GIPSA/webapp?area=home&subject=grpi&topic=iws

-rice, select Official Service Providers.

The applicant is responsible for providing all applicable contract documents and specifications to GIPSA. The quality, weight, and packaging of the product shall be evidenced by commodity inspection certificates issued by GIPSA/Federal

Grain Inspection Service (FGIS). The GIPSA/FGIS certificate must cite the

Contract/WBSCM Purchase Order (PO), PO Item Number, Sales Order (SO)

Number and SO Item Number or Purchase Requisition (PR) and PR Item

Number. Contractors are required to notify the Government immediately of lots that fail to meet contract requirements.

Rice for furtherance to the Federated States of Micronesia have a zero tolerance for Aeschynomene indica L., more commonly known as Kat sola, Indian joint vetch, Indian vetch seed or Indigo. The Grain Inspection, Packers & Stockyards Administration (GIPSA) will reject products destined for the Federated States of Micronesia which contain any portion of

Aeschynomene indica L. The request for GIPSA/Federal Grain Inspection

Service (FGIS) certification of zero Indigo shall be included by the applicant http://www.gipsa.usda.gov/GIPSA/webapp?area=home&subject=grpi&topic=iws-rice http://www.gipsa.usda.gov/GIPSA/webapp?area=home&subject=grpi&topic=iws-rice on the request for services. GIPSA/FGIS will certify on the grading certificate that the lot contains no Indigo.

B. Testing of the product for enrichment, if applicable to the commodity, shall be performed by the Grain Inspection, Packers & Stockyards Administration

(GIPSA). GIPSA//Federal Grain Inspection Service (FGIS) shall verify the presence of enrichment for each inspected lot. Enrichment results will be shown in the factor section of the certificate.

Applicant statements in regard to enrichment will not be accepted by

GIPSA/FGIS.

F. Puerto Rico

All deliveries to Puerto Rico must cite on the Bill of Lading and Ocean Transportation manifest the applicable Recipient Agency Tax Identification Number (TIN) and Merchant Registration

Number. Successful awardee will be responsible for contacting the Contracting Officer’s

Representative to obtain the appropriate TIN.

G. Checkloading

All rice shall undergo checkloading. Checkloading shall be performed by the Grain

Inspection, Packers and Stockyard Administration (GIPSA) or their authorized designee(s). GIPSA checkloading shall include the process of performing a stowage examination on a carrier, computing the number of filled rice containers loaded aboard the carrier, observing the condition of the rice containers loaded aboard the carrier, witnessing the sealing the carrier, if practicable, and certifying the results.

GIPSA checkloading, including witnessing sealing the carrier, does not release the contractor from, or take the place of the seal requirements, cited in the Master Solicitation for Commodity Procurements, Part 3 Contract Clauses, Section A KCCO Clauses, 10.

Seals on Transportation Conveyances.

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 and this solicitation.

B. Additional FAR Clauses

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items. (May 2015)

C. Additional AGAR Clauses:

4K52.204-1 Contract Closeout and Past Performance Evaluation

Closeout Reporting

Contractors shall fully complete and return all documents relating to contract completion and contract closeout. Completion and return of the aforementioned documents may be reported as part of vendor past performance evaluation.

Past Performance Evaluation

The Government will prepare a past performance evaluation at the time the work under this contact and/or delivery order is completed. Evaluations will rate performance several areas (e.g. 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). Contractors will have an opportunity to comment on the Government evaluation. The past performance evaluation may be used by the Government to support a future award decision. Details on use of contractor performance assessment reporting system will be provided at a future date.

(End of clause)

D. // 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.

Ray Boyd

Contracting Officer

May 15, 2015