Special Notice - Domestic origin for peas and lentils.pdf

SPECIAL NOTICE

USDA, Farm Service Agency, Commodity Operations, Kansas City Commodity Office

Title:

Notice of New Contract Requirement for Dry, Edible Peas and Lentils

FBO Notice Number:

AG-IPD-Notice-10-001

Description(s):

Pursuant to Agricultural Acquisition Regulation (AGAR) 470.103(a), commodities and the products of agricultural commodities acquired by USDA for use in International Food Aid Programs must be products of the United States, and shall be considered as such, if grown, processed, and otherwise prepared for sale or distribution, exclusively in the United States. Further, AGAR 470.103(c) states that when a product is commingled with product not of the United States, all commingled product shall be considered to be a product of the United States, if a contractor’s inventory at the time of contract award or during performance of a contract contains a sufficient quantity of product that was produced in the United States to fulfill the contracted quantity. Contracts to purchase dry, edible peas and lentils previously allowed contractors to provide commingled products in performance of contracts for international food aid programs pursuant to subparagraph (c) of AGAR 470.103.

AGAR 470.103(c)(2) states, “To the extent the Department has determined a commodity is one that is generally commingled, but is also one which can be readily stored on an identity preserved basis with respect to its country of origin, the Department may require that the commodity procured by the Department shall be of 100 percent United States origin.”

This notice is to inform prospective contractors that, effective with solicitations issued after August 1, 2010, in procuring 100 percent U.S. origin agricultural commodities for use in international food aid programs (as required by 7. U.S.C. 1732), any dry, edible peas and lentils purchased shall be 100 percent U.S. origin product without commingling. Prospective contractors are cautioned that they must identity preserve any dry, edible peas and lentils delivered under contracts for international food aid.

Government contract quality assurance inspections, performed pursuant to Federal Acquisition Regulation Subpart 46.4 requirements, will be used to verify compliance with this new requirement.

Primary Point of Contact:

Susan Champion E-mail: susan.champion@kcc.usda.gov Phone: 816-926-6705

Secondary Point of Contact:

Robert Buxton E-mail: robert.buxton@kcc.usda.gov Phone: 816-926-6774

Contracting Office Address:

P.O. Box 419205 Mail Stop 8738 6501 Beacon Drive Kansas City, Missouri 64141-6205