FY25 - VLUO Solicitation.pdf

Solicitation 12-1NTS-25-R-0003 for

Vessel Loading and Unloading Observation (VLUO) Services

Issued By

United States Department of Agriculture (USDA)

Agricultural Marketing Service (AMS)

A) 1449

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

2000010916

TDB 12-1NTS-25-R-0003

Travis Cathey, Contracting Officer

816.648.9658

See Block 9

United States Department of Agriculture (USDA) Operations Support Division Marine Debt and Finance Branch 1400 Independence Ave SW Washington, DC 20250

Rates Shall be submitted on the following Forms:

CONUS - Vessel Loading Observation Price Rate Sheet

OCONUS – KC-337

8/28/2025

9/10/2025 4:30pm CST

United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS)/CPP International and Service Contracts Division 1400 Independence Ave SW Washington, DC 20250

A.1 Proposal Submission Checklist

SF 1449:

_____ Fill in Block 17a (Contractor Information; Code and Facility Code not required)

_____ Sign in Block 30a, print name in Block 30b, and date in Block 30c

_____ Submit in accordance with directions in paragraph C.1

Provide acknowledgement of any/all amendments (SF-30)

_____ Fill in Block 8 (Contractor Information)

_____ Print name in Block 15a, sign in Block 15b, and date in Block 15c

_____ Submit in accordance with directions in paragraph C.1

Submit proposal parts specified in Section C of solicitation

_____ Technical Proposal, submit in accordance with paragraph C.1

_____ Price Proposal, submit in accordance with paragraph C.1

Please verify that you have included the above-specified requirements for a complete proposal submission. Failure to include the above-specified requirements may be considered a deficiency, making your proposal technically unacceptable for award. If you have any questions regarding the specified requirements, please refer to the solicitation or contact the contract specialist identified in block 7a and 7b of the SF1449 (first page) of this solicitation.

A.2 Advisory Regarding Submission of Proposals

1. Proposals and Proposal Submissions − In order to comply with the provisions of the solicitation, your proposal shall include all proposal information required in Section C – Instructions to Offerors and Evaluation Factors for Award or relevant section on end product. All proposal submissions shall be marked to show the offeror’s name and address, the solicitation number, amendments received and acknowledged, and the date and time proposals are due. See Section E – Instructions to Offerors and Evaluation Factors for Award.

2. Due Diligence - Prospective offerors are responsible for reading the entire solicitation and referenced material.

3. National Apex Accelerator Alliance (NAPEX) - National Apex Accelerator Alliance (NAPEX) helps businesses seeking to compete successfully in federal, state, and local government contracting by providing a range of expert services at little or no charge. More information, and local NAPEX office contact information, is available at https://www.napex.us/.

4. Wage Determination(s) - Offerors must meet wage determination in accordance with Department of Labor (DOL)

See Section E – Instructions to Offerors and Evaluation Factors for Award.

5. System for Award Management (SAM) - Prospective Contractors shall be registered in the SAM database before award of a contract as prescribed in FAR Parts 4.1102 and 4.1103. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure that it is current, accurate, and complete. The SAM database can be accessed at https://www.sam.gov.

6. Amendments - All amendments must be acknowledged – the instructions for acknowledging amendments are included in Block 11 of the amendment. Offerors can get a copy of all amendments issued by accessing the solicitation on the System for Award Management website at https://www.sam.gov.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

https://www.napex.us/ https://www.sam.gov/ https://www.sam.gov/

B) General Information

1) Scope of Work - This contract is for commercial Vessel Loading and Unloading Observation (VLUO) of food products procured by USDA.

Continental United States (CONUS) :

The CONUS VLUO is intended to ensure that all cargo subject to VLUO is loaded to vessels in a clean and wholesome condition, without insect or rodent infestation or contamination, and packaged in sound, clean containers. To provide an added measure of security in the Government’s effort to provide clean, sound commodities to our overseas recipients. The objective of this contract is to minimize the quantity of damaged commodities loaded on vessels, enhance the perception of U.S. agricultural commodities overseas, and protect the integrity of the foreign food assistance programs.

The services will involve observing and inspecting food cargoes, recording the quantity and condition of food aid shipments, monitoring activities related to their disposition, and delivering a comprehensive written report.

Damages occurring from the dock, port shed, truck, or rail car to the barge, container, or vessel hold are documented by the CONUS VLUO Contractor and corrected or removed at the time of the Contractor’s observation.

Under certain circumstances, AMS may require that ancillary services be performed. Examples of such services include commodity black lighting in port warehouses following the discovery of rodent contamination, or a full load count of a containerized shipment for verification purposes. Additional examples of services to mitigate damages could include secondary observation of vessel loading and/or containerization.

Outside Continental United States (OCONUS):

To address risks inherent with shipping U.S. food aid to overseas destinations, the Government is seeking to contract with a marine cargo survey company to attend, witness, and examine food cargoes, document the count and condition of these food aid shipments and activities related to disposition, and provide a written report. We are seeking an experienced survey firm with a proven performance record conducting similar work. The Government will use the survey reports issued by the Contractors to fix responsibility for loss and damage to food aid. Please note that the discharge location and final delivery location may be in two different countries.

Services are required based on the country of final destination.

Under certain circumstances, AMS may require that ancillary services be performed. Examples of such services include commodity black lighting in port warehouses following the discovery of rodent contamination, or a full load count of a containerized shipment for verification purposes. Additional examples of services to mitigate damages could include secondary observation of vessel loading and/or containerization.

2) Program Requirements - The Government’s actual program delivery and/or quantity requirements will dictate the delivery and quantities ordered. Program delivery and/or quantity requirements may vary, for example, due to program funding levels, food prices, and/or other programmatic needs of USDA. The Contractor shall plan, schedule, coordinate, and assure effective performance of all services described in this contract.

3) Travel – Travel is expected to be minimal under this contract, except attendance at the Post award Conference in Washington, DC (which the Government will not reimburse the Contractor’s cost to attend). Any cost for travel outside the assigned geographic area will be negotiated.

Place of Performance –

CONUS: Schedules of Work (SOW) will be issued via email to the Contractor from the COR, guiding where the Contractor will be required to perform observations. The port or terminal is instructed to notify the Contractor 48 hours before loading to arrange for a check loading. Currently, the form KC-362 lists all approved port locations and terminals that the Contractor will be responsible for servicing. This form and revisions will be located at: https://www.ams.usda.gov/sites/default/files/media/KC0362.pdf

OCONUS: Schedules of Work (SOW) will be issued via email from Contracting Officer (CO), Contract Specialist (CS), or Contracting Officer’s Representatives (CORs) to the Contractor, providing information about the vessel, port, and type of survey service needed. The countries where survey services may be requested include but are not limited to: Afghanistan, Algeria, Bangladesh, Burkina Faso, Burundi, C. African Rep., Cameroon, Chad, Colombia, Democratic Republic of Congo, Republic. of Congo, Djibouti, Ecuador, El Salvador, Ethiopia, Ghana, Guatemala, Haiti, Honduras, Ivory Coast, Kenya, Liberia, Madagascar, Malawi, Malawi, Mauritania, Mozambique, Nepal, Niger, Nigeria, Pakistan, Rwanda, Senegal, Sierra Leone, Somalia, Sri Lanka, Sudan, Syria, Tanzania, Uganda, West Bank Gaza, Yemen, Zimbabwe, Foreign-Prep, and Republic of South Africa.

4) Service Contract Act – The Services outlined in this contract apply to the Service Contract Act and DOL labor rates listed under DOL Wage Determinations.

5) Incidental Deliverables – Incidental deliverables, invoices, and/or reports shall be prepared and submitted as described in the Contract Administration Data Section. For purposes of delivery, all deliverables, invoices, and/or reports shall be made by close of business (COB) at 4:00 p.m. Central Standard Time, Monday through Friday, unless stated otherwise in the contract and/or task order.

6) Government Contacts – All requests for information on matters related to this contract shall be submitted in writing via email to the CO, CS, or CORs.

https://www.ams.usda.gov/sites/default/files/media/KC0362.pdf

Period of Performance-

The base period of performance of this contract is from: October 1, 2025 through September 30, 2026.

Ordering period 1, if exercised, is from October 1, 2026 through September 30, 2027.

Ordering period 2, if exercised, is from October 1, 2027 through September 30, 2028.

Ordering period 3, if exercised, is from October 1, 2028 through September 30, 2029.

Ordering period 4, if exercised, is from October 1, 2029 through September 30, 2030.

Description of Work

CONUS:

1) The Contractor shall attend the loading of the vessel, barges, and/or containers, and document observations using the following forms and the Web-Based Supply Chain Management (WBSCM) application:

Method of Conveyance Observation Worksheet Certificate Container/Barge KC-41 KC-44 Breakbulk Vessel KC-43 KC-44

2) The Government intends to issue task orders electronically pursuant to the format below; however, it reserves the right to issue task orders orally, by email, or via WBSCM if necessary. The Contractor will be required to be registered in WBSCM after the award notification.

The government utilizes WBSCM for tracking shipments. VLO loss and damage data will be captured in WBSCM through data entry or by using an Excel template. Forms KC-41 Container Loading Observation Worksheet, KC-43 Breakbulk Vessel Loading Observation Worksheet, and KC-44 Breakbulk Vessel Loading Observation Certificate (as identified in the table above), and the WBSCM template are provided in Appendix 1 and 3 of this Statement of Work. The Contractor serves as the eyes and ears of the government at the location of loading and should work in conjunction with the port/terminal, the ocean carrier representative, and, if present, the freight forwarder and/or representative of the cargo owner (the cooperating sponsor) to ensure that deficiencies are recognized and dealt with promptly.

3) Upon arrival at the loading berth or terminal where containers are to be stuffed, notify the vessel and stevedoring representatives that the observer will observe the loading at the request of the government. Locate the individual designated by the ocean carrier to address deficiencies. If the ocean carrier does not provide a representative to address deficiencies, contact the applicable freight forwarder and record this information on the worksheet:

a. Conduct a visual observation of the general condition of the cargo to be loaded, where it is at rest in the port warehouse, conveyance, or on the dock. Repeat this procedure each day before loading starts. Report any discrepancies in the remarks section of the KC-41 or KC-43, as appropriate. Include any letter of protest and digital photos, and send within 2 hours via Email to COR.

b. Observe the condition of the hold(s) or containers before, during, and after the loading. Record observations on the worksheet and note any deficiencies.

c. Advise the Contracting Officer Representative (COR) within 2 hours by telephone, or Email in the event of detrimental or unsanitary conditions that will not be accepted for loading, including the barge interior.

Examples of harmful or unsanitary conditions include, but are not limited to, bags or cartons soiled with hydraulic fluid, water, paint, grease, rodent or bird excrement, dust/dirt, or inferior packaging or packaging materials. In the event of possible contamination, laboratory analysis may be required, including microbiological and chemical testing, such as testing for moisture content and fit for human consumption testing.

i. In addition, notify the COR within 2 hours by telephone or Email of any commingling of bags/cartons with different markings. The Commodity Purchase Order number should be used for identification.

1. If commodities are found to be contaminated with any form of rodent excrement, it may be necessary to perform black lighting of those commodities that have already been loaded and those remaining to be loaded to determine the extent of the contamination.

d. State damage occurring during vessel/container/barge loading, on the KC-41 or KC-43, as appropriate.

Provide details of damage/shortage occurring during loading and describe the probable cause(s) of any damage.

i. Issue a letter of protest to the ocean carrier at the direction of the Contracting Officer (CO) or COR.

Digital photographs documenting the discrepancy must be emailed to the CO or COR within 2 hours, if the Contractor is directed to issue a letter of protest.

e. Provide certification that the Contractor was present and witnessed the entire vessel/barge loading process.

The accreditation for vessel loading should be provided by signing and submitting the form KC-44, as shown in Appendix 1. False certification will result in termination of the contract and may result in suspension or debarment.

f. Provide the following minimum number of observers for each type of conveyance listed:

Conveyance Minimum number of observers

Containers/Railcars/ Barge 1 observer for every container or railcar/barge being loaded

Breakbulk-Conventional Loaded 1 observer for each hold on the ship and one (1) observer on the ground.

Record deficiencies of all other government cargo previously loaded, such as, but not limited to, leaking vegetable oil cans or spilled cargo that has not been removed.

4) Observe and document the loading of the commodity as follows:

a. Utilize form KC-41 or KC-43, and WBSCM as appropriate.

b. Verify correct container markings. Document the findings on the worksheet. If incorrect markings are found, immediately take digital pictures and report the same within 2 hours to the ocean carrier representative and

COR.

c. Report any deficiencies found to the ocean carrier representative within 2 hours. If the ocean carrier representative is not responsive to correcting deficiencies or is not readily available, report this to the applicable freight forwarder and the COR within 2 hours. Document the situation on the worksheet.

d. If severe detrimental conditions are found, immediately take digital pictures, document the finding on the worksheet, and report the same within 2 hours to the ocean carrier representative and COR. Issue a letter of protest to the ocean carrier as directed by the COR. If such a letter is issued, provide a copy of the letter with the worksheet and certificate to the appropriate freight forwarder and the COR.

e. The ocean carrier may be required to apply desiccants to containers loaded with bagged beans and whole grain corn shipped to certain countries. If desiccants are to be used, the Contractor shall observe and report the application of such desiccants on the KC-41.

5) Include the following on the worksheet:

i. All uncorrected deficiencies and the number of units involved.

ii. The ocean carrier representative’s/loading stevedore’s signature after each day’s loading to indicate concurrence with the number of bags/cartons not loaded, including damaged bags/cartons removed, and the total number of damaged packages loaded and not removed, if any.

Note: All efforts should be made to remove damaged commodities. Notify the COR within 2 hours if the ocean carrier is not removing damaged commodities from the conveyance.

iii. The ocean carrier representative’s signature, after loading is completed.

6) The location of containers placed on the barge.

7) If a vessel stops loading food-aid cargo to load other cargo and then returns to loading food-aid cargo, check the condition of the hold before the resumption of loading, and proceed according to the chart below:

IF... THEN...

It appears that the subsequent loading may have damaged the cargo previously inspected, Include a statement in the report to that effect, include digital photos, and send them to the COR within 2 hours via Email.

It is not possible to determine the effect the loading may have had on the quality of the previously loaded cargo, Include a statement in the report that cargo not requiring inspection (specify the type of cargo) was loaded on top of the previously inspected cargo.

It appears that there is no damage No action required.

8) Certify the observation results on the appropriate VLO Certificate, KC- 44. Use the information from KC-41 or KC-43 to complete the Certificate.

9) Distribute forms KC-41, KC-43, and KC-44 within 24 hours of completion of loading as follows:

a. Email to the ocean carrier or its agent

b. Email to the applicable freight forwarder

c. Email to COR and upload the template into WBSCM, and attach forms, if applicable

10) Upon completion of VLUOs for all applicable Purchase Orders (PO) line items, the KC-44 form with attachments to the COR via Email, and include the following corresponding information:

a. Cost Per Unit

b. Certificate Cost

c. Invoice Number

d. Commodity PO Number and Line Item Number

e. Containerization Confirmation

11) Mitigate damages as follows:

a. The observer shall witness and record that the steamship lines have handled damaged commodities in accordance with the guidance and procedures outlined in the Notice to the Trade EOD-110, which is available at https://www.ams.usda.gov/content/recoopering-packaged-commodities-food-aid-programs The Contractor shall not consider damaged commodities as recouped unless the Contractor has witnessed the recouping process and certifies that the recouping was accomplished in accordance with EOD- 110.

b. In the event the commodity is recouped without being witnessed by a VLUO inspector, the commodity will be reported as damaged/not loaded on the appropriate KC-41/44.

c. As requested by the COR, the observer shall obtain commodity/product samples using only the method prescribed by the COR. The Contractor may be asked to submit samples for lab analysis and provide results to the COR.

d. The disposition of the samples shall be as directed by the COR.

OCONUS:

The Contractor shall attend and report on all food aid deliveries made to the country covered under this contract.

Once the cargo has been lifted from the US port, the Government will provide the contractor with a task order that includes details about the cargo to be surveyed.

Task orders (TO) will be issued electronically; however, the Government reserves the right to issue task orders orally or by facsimile if necessary. A task order will be issued for each originating vessel/voyage with the exact discharge/ETA, and a survey will be required for every Ocean Bill of Lading (OBL). Multiple surveys may be needed per task order. A task order will contain one type of conveyance (bulk, breakbulk, or containerized) and one booking type (through bill of lading, discharge only, devan at port, etc.). Price paid for each delivery order is based on the total quantity (number of containers or MT) for the entire delivery order.

For each ocean bill of lading, the contractor shall provide a written survey report and supporting documentation, in English or with translation, with sufficient detail and documentation to fix responsibility for losses occurring while cargo is under the care, custody, and control of the steamship company transporting the cargo. A copy of the report should be sent to the receiver. The following tables describe the requirements of each shipment type:

• Table 3.1 applies to all shipments.

https://www.ams.usda.gov/content/recoopering-packaged-commodities-food-aid-programs https://www.ams.usda.gov/content/recoopering-packaged-commodities-food-aid-programs https://www.ams.usda.gov/content/recoopering-packaged-commodities-food-aid-programs-0

• Table 3.2 has additional requirements for containerized shipments.

• Table 3.3 had additional requirements for breakbulk shipments.

• Table 3.4 has additional requirements for bulk shipments.

TABLE 3.1 REQUIREMENTS FOR REPORTS - ALL SHIPMENTS

TABLE 3.2 ADDITIONAL REQUIREMENTS FOR REPORTS - CONTAINERIZED SHIPMENTS

Witness and Examine Cargos Required Documents

Personally observe the discharge of all packaged cargo, bulk cargo, or containers from the vessel and describe in detail the discharge process. If applicable, personally observe the delivery of all packaged cargo, bulk cargo from the inland conveyance or container, and explain in detail the delivery process. The report must state the specific location of the surveyor during discharge and delivery, i.e., in the vessel hold, on the quay, at the door of the container, etc.

2 List representatives present during each survey location or action, including their organization, names, and titles.

For TBL shipments, list the type of delivery vehicle and describe the road and travel conditions in the event of an accident. If possible, provide a police report of the accident.

Pictures of road conditions and any accidents; police report if available

Provide certifications signed by a minimum of one third party (vessel personnel, NGO/PVO representatives, and/or customs representatives) to verify the Contractor’s attendance at each location attended.

Certificate of Attendance with signatures

Document the Count of the Cargo Required Documents

5 Document the quantity of cargo discharged/delivered, including an explanation of why shortages/damages have occurred if known.

6 Document the quantity of cargo removed by customs.

7 Provide signed, legible, and accurate original stroke tallies. Original hard copy required

Document the Condition of the Cargo Required Documents 8 Report the condition of cargo discharged/delivered.

9 Report infestation, if any.

10 Describe the type and severity of any damage and the cause of the damage if known.

Pictures of damage with a visible PO number

Describe the weather conditions incurred from the time of discharge through the completion of the survey when weather is a contributing factor to loss/damages and/or delays.

12 Provide evidence that a written notice of loss was presented to the carrier and/or the carrier's representative within three days of discharge/delivery. Copy of notice

13 Furnish any information that would be beneficial concerning how losses occurred and/or possible actions for future loss prevention.

Monitor the Disposition or Reconstitution of Cargo Required Documents 14 Provide third-party lab test results, if applicable.

15 Observe and provide documentation photographs and evidence for the disposition of any damaged (including reconstituted) cargo.

Witness and Examine Containerized Cargos Required Documents 1 Personally observe discharge/ delivery and describe the container conditions. Document/photograph any container defects.

Pictures to support findings

2 List and photograph the container manufacture date, seal number, and container number at each required delivery location.

Legible pictures of both the date and container number

3 Provide a statement on the condition of container seals at discharge/ customs/ delivery. If broken or additional seals are applied, the survey

Pictures documenting the condition of container seals

TABLE 3.3 ADDITIONAL REQUIREMENTS FOR REPORTS - BREAK BULK SHIPMENTS

TABLE 3.4 ADDITIONAL REQUIREMENTS FOR REPORTS ON BULK SHIPMENTS

must state where new seals were applied and report both the original seal numbers and new seal numbers.

4 Report on the availability and access to containers at customs locations.

Document the Count Required Documents 5 List the number of containers discharged/delivered.

Document the Condition Required Documents 6 List the location and type of any damaged/wet bags in the container.

Document whether the damages were found inside the container at devanning or occurred during the devanning process as a result of rough handling by the stevedores.

Pictures to support findings

7 When commodities are found to be wet or moldy, inspect containers and describe the condition of door seals. Document any holes.

Pictures to support findings

8 Note the condition of the container floor area if the contractor suspects moisture may have penetrated around or through the floor.

Pictures to support findings

9 When desiccants are present (per CAPIT protocol), describe placement and position in the container. If condensation or evidence of damage caused by condensation is present, give the weight of the desiccants.

Pictures of desiccant placement when condensation is present

Witness and Examine Breakbulk Cargos Required Documents 1 For TBL shipments of breakbulk cargo, the surveyor shall be required to attend, monitor, and report on the loading of the cargo onto land conveyances at the discharge port for movement inland.

Document the Count Required Documents 2 For TBL shipments, provide the dispatch count. Stroke tallies or other documents of count Document the Condition Required Documents 3 Check vessel holds before and after discharge. Document conditions that contribute to damages/losses.

Pictures to support findings

Witness and Examine Bulk Cargoes Required Documents

1 List scale information, including scale location, scale type, date of last calibration, and other factors affecting scale weight accuracy.

2 For liquid cargoes and tallow, list the condition of pumping equipment, shore tanks/tank trucks, and other factors affecting weight accuracy.

3 Check vessel holds before and after discharge and provide details of findings. Note the quantity of cargo left on board, if applicable.

4 For a draft survey, document quantity on free-out shipments, lightening operations, and shipments where scales are not available.

5 Describe the cleaning of vessel tanks and the blowing of lines. Pictures of findings 6 Surveyor shall attend, monitor, and report at any lightning operations on bulk and bagged shipments.

7 Describe the bagging process and any conditions that contribute to damage/loss of cargo.

Pictures of findings

Document the Count Required Documents

8 Provide the actual (or estimated, if actual not available) weight loss of any shortage, or damaged cargo, and the type and severity of damage.

9 Report the quantity bagged and dispatched; document the total bag count and weight, and the method of such determination. Forward original stroke tallies with the survey report to document the quantity of cargo bagged and stacked.

In the event of suspected major damage: the surveyor shall immediately notify the COR and follow the performance standards.

a. For damaged cargo suspected to be unfit for human consumption, collect a representative sample of the cargo for analysis following ISO standards.

b. If further analysis is recommended, include a price for the applicable tests in the email to the technical monitor. Also include the name and location of the proposed independent third-party lab for analysis

c. Obtain authorization from the Contracting Officer in the form of an SF-30 Contract Modification before proceeding with lab analysis.

Deliverables / Schedule: The Contractor shall liaise with the COR, the vessel agent, and NGO/PVO to coordinate on-time attendance and the service to be provided. The Contractor shall provide timely replies to inquiries within three (3) working days.

Key Deliverables Table Item No. Deliverable Objective Due

Preliminary Survey KC-

The report shall inform USDA of the arrival and the general condition of the cargo.

No later than five (5) business days after completion of discharge/delivery.

Final Survey Report and

KC-334

The report shall include all required elements detailed in tables 3.1 – 3.4 and shall be sufficient to support the USDA claims recovery process.

No later than 60 days* after the date of cargo delivery.

3 Draft Survey Determine the weight of cargo offloaded.

No later than 60 days* after the date of cargo delivery.

Key Deliverables

1) The surveyor shall attend the discharge and delivery of all food aid cargoes covered by this contract, including the locations below.

2) Discharge port (which may be in a different country than the country for which the surveyor has a contract)

3) Delivery location(s), as applicable

4) On a port-to-port bill of lading, the survey must be performed at the quay, warehouse, or container place of rest as determined by the booking note/charter party or as otherwise allowed by the port.

5) Additional attendance may be required at the other locations described below, as determined by shipment type.

6) Containerized Shipments: A survey is also required at the following locations:

7) Customs locations where the containers are opened

8) The discharge port where containers are opened

9) The final destination(s) for through bill-of-lading shipments

10) Breakbulk Shipments: A survey is also required at the following locations:

11) For through bill-of-lading shipments:

a. Loading of land conveyance

b. Ultimate destination(s)

12) Bulk Shipments

13) For bulk shipments that require bagging, a survey is also needed for the following locations:

a. Location of bagging operation

b. Loading of land conveyance

c. Final destination(s) for through bill-of-lading shipments

14) For bulk shipments, which require a draft survey, additional performance may be needed for the following locations:

a. On board the mother vessel

b. On board lightening vessel(s)

Document the Condition 10 Check vessel holds before and after discharge. Document conditions that contribute to damages/losses.

Pictures to support findings

Performance Work Statement Definitions - The following list defines the column headings:

a. TASK - The overall required service to be performed, through a series of related tasks and deliverables that are directed toward fulfillment of the contract’s objectives, using the performance indicators.

b. INDICATOR - The performance indicators are the specific means of measuring the performance of each task and deliverable.

c. PERFORMANCE STANDARD - The Performance Standard identifies the standards for completeness, reliability, accuracy, timeliness, quality, and/or cost for each Indicator.

d. ACCEPTABLE QUALITY LEVEL (AQL) - The AQL defines the minimum level of acceptability for each Performance Standard. This is the minimum level of quality the Government will accept.

e. MONITORING METHOD - The Monitoring Method is the means that the Government will use to measure the level of success that has been achieved by the Contractor in meeting each Performance Standard under this Contract.

Inspection & Acceptance

1) Inspections by the Contractor. The Contractor is responsible for the day-to-day inspection and monitoring of all work performed to ensure compliance with contract requirements. The Contractor shall ensure that the required services outlined in the Performance Work Statement (PWS) and elsewhere in the contract meet the quality standards as outlined. All work performed under this contract shall be of the highest quality, consistent with best industry practices, to assure timely protection of services, and optimum agency satisfaction, and adequately protect the Government's assets.

2) Daily Records. The Contractor shall maintain appropriate daily records as needed or outlined in the Contractor's Quality Assurance/Quality Control Plan (QA/QC). This is necessary in order to satisfy any acceptance requirements, as well as provide prompt notification to the Government of any successful or unsuccessful performance.

3) Contractor Quality Assurance Surveillance Plan. The contractor shall develop quality assurance surveillance plans for the contract and/or all subsequent task orders unless otherwise specified. These plans shall recognize the responsibility of the contractor to carry out its quality control obligations and shall contain measurable inspection and acceptance criteria corresponding to the performance standards. The Government shall perform a quality assurance or validation of the Contractor's performance to determine the extent to which the Contractor has met the Acceptance Quality Level (AQL) for each performance requirement.

The quality assurance surveillance plan shall focus on the level of performance required by the Performance Work Statement (PWS), rather than the methodology used by the Contractor to achieve that level of performance.

The Government personnel shall record all pertinent surveillance observations. The Government Quality Assurance Surveillance will be conducted throughout the program to verify that all Contractor-delivered services conform to all requirements of this contract. The activities include, but are not limited to, an independent verification and validation of contractor services, when it is practical, economical, or otherwise in the Government's best interest, as determined by the Government and Government quality inspections.

4) Corrective Actions. The Contractor shall correct all deficiencies, as defined in the contract, from the date of the

Government's notification. If all deficiencies have not been corrected, the Government may exercise the deduction schedule or terminate the contract in whole, or in part, for cause, in accordance with procedures outlined in FAR 52.212-4(m) Termination for Cause.

5) Government Inspection. The Government will review and verify all deliverables, invoices, and reports associated with the contract requirements or subsequent Task Orders issued under the contract, to ensure that the

Contractor has fulfilled the requirements/standards, as stated in the contract and any associated Task Order. All deliverables, invoices, and reports will be inspected for content, completeness, accuracy, and conformance to the requirements (including any applicable standards). All deliverables, invoices, and reports will be accepted if they are completed by the contract specifications, schedules, or other acceptance criteria, as outlined in the contract and/or individual Delivery Orders. The following review procedures will be as follows:

a. If necessary, a meeting and/or telephone conference may be convened to resolve any differences. The

Contractor shall make all required changes to achieve an acceptable deliverable (i.e., invoices, reports).

b. When the review of a deliverable, invoice, or report results in necessary changes, the Contractor will, in accordance with the contract and/or Task Order schedule, correct the deliverable, invoice, or report as indicated by the Government. It will then be the responsibility of the Contractor to consistently and adequately incorporate the comments into the final deliverable, invoice, and/or report.

c. These procedures shall not be construed to constitute a waiver on the part of the Government of its rights under FAR 52.212-4(m) Termination for Cause nor of any other rights or remedies provided by law or under the contract.

d. The Government has the authority to make minor adjustments to the contractor's submitted invoices to expedite payment due to the current agency procedure.

6) Formal Acceptance by the Government. Formal acceptance of the performance of work is made by the

Government’s approving and accepting authority, acknowledging such acceptance by a signature approval on the invoicing documents submitted for payment. No payment shall be made under this contract on any services without acceptance being made by the Government.

Deliveries and Performance

1) Delivery Requirements. All required services shall be delivered in accordance with the contract terms and conditions, as well as any delivery order requirements. Individual delivery orders may be awarded as a firm fixed price (FFP) with a not-to-exceed amount.

2) Ordering Procedures. The following ordering procedures will be invoked throughout the life of this contract for issuing all task orders:

a. Any services to be furnished under this contract will be ordered by issuance of a delivery order. Delivery orders may only be issued from the date of contract award through the end of the period of performance.

b. All communications about contractual or administrative matters under this contract or task orders will be addressed to the assigned CO/ACO. The Contractor will be notified, in writing, of the assigned ACO, COR, and CS. Additional discussion of these areas will be held during the Post-Award Conference.

c. The USDA/AMS office will provide a copy of the executed task order to the contractor within seven (7) calendar days after execution and shall also e-mail each task order. A task order shall be considered to be issued when the Government transmits the TO. The Contractor shall not proceed with any work under a proposed task order until the CO has signed a task order.

3) Coordination with the Government on Performance. The COR will maintain ongoing contact with the

Contractor during this project to ensure compliance with contract requirements. In addition, the Contractor may be required to confer with the COR as needed.

4) Extending Task Order Terms. If a TO requires performance beyond the task order terms, the task order terms may be extended to complete the deliverables, invoices, and/or reports, as well as any services for that task. The task order may be extended across fiscal years.

Contract Administration Data

1) Unauthorized Changes to Contract Terms - In the event the Contractor effects any change at the direction of any person other than the CO, successor CO, or ACO, the change will not be considered and no adjustment will be made in the contract or delivery order price to cover any increase in charges incurred as a result thereof. The CO is the only person authorized to issue, modify, or terminate the contract or Task Orders issued under the contract.

2) Contracting Officer Representatives (CORs) - The CO will appoint CORs (hereinafter “CORs”) in writing for the effective period of the contract. The CORs will receive, for the Government, all deliverables, invoices and/or reports called for by the contract or Task Orders and will represent the CO/ACO in the technical phases of the work. CORs are NOT authorized to change any of the terms and conditions of the contract or the Task Orders. Additional COR responsibilities include the following:

a. Monitoring the Contractor's performance to ensure compliance with the technical requirements of the contract or Task Orders.

b. Review and approval of any reports that require the Government to approve.

c. Verifying and certifying that the services ordered by the Task Order and contract have been inspected and meet the requirements of the contract and Task Order.

d. Immediately notifying the CO/ACO if performance is NOT proceeding satisfactorily.

e. Ensuring that changes in work under the contract and Task Orders are not initiated before written authorization or a modification is issued by the CO/ACO.

f. Providing the CO/ACO with a written request and justification for changes.

g. Furnishing to the CO/ACO any interpretations relative to the meaning of any technical specifications.

h. After the contract or Task Order, advising the CO/ACO concerning the following:

i. All services required to be furnished and/or performed under the contract and Task Order have been technically accepted.

ii. Contractor compliance with any non-disclosure of any Government information that is not to be released to the General Public.

iii. Verification of the Government Furnished Property/Materials (commodities) inventory levels that own the Contractor and reconciled with the Contractor's Inventory Reports.

iv. Prepare a performance report detailing compliance with contract requirements, Quality Assurance, timely completion of contract terms and conditions, as well as Task Orders issued, and any problems associated with the contract or Task Orders, etc.

i. The COR will furnish technical advice to the Contractor to provide specific details, milestones to be met within the terms of the contract, and any other advice of technical nature necessary to perform the work specified in the agreement or Task Order. The COR will NOT issue any instructions that would constitute a contractual change.

3) Invoice Submission – The contractor shall use the WBSCM application to submit invoices electronically for payment. Additionally, an original copy of the invoice package shall be submitted to the COR at kyle.edmonds@usda.gov. Additional requirements may be indicated as the task order level.

4) Invoice Payment – See Block 18a of SF1449 for the payment office. Payment will be made in accordance with the

Prompt Payment Act (Public Law 100-496). As stated in this law, the Government has 30 days after a proper invoicing package is received in the correct office or after constructive acceptance, whichever of the two dates is last. All payments will be made in accordance with Section I, FAR Clause 52.232-1, Payments.

5) Electronic Funds Transfer: Payment will be made through electronic funds transfer as described in Section I, clause 52.232-33. If requested, the Contractor must supply a completed SF-3881 (ACH Vendor/Miscellaneous Payment Enrollment Form) available online at GSA Forms Library. http://www.gsa.gov

6) Unsatisfactory Performance: In the event work is performed by the contractor unsatisfactorily, the contractor will be requested to correct the deficiencies, and the Schedule of Deductions will apply as outlined in Attachment D.5 - Schedule of Deductions.

7) Not-to-Exceed Funds: Funds for services to be provided under this contract will be obligated by each Task Order on a Not-to-Exceed basis. The contractor will be required to monitor and ensure that the task order Not-to-Exceed amount is not exceeded, as required elsewhere in the contract requirements. In the event of conflict between a Task Order and the contract, the contract shall govern.

8) Changes to Task Orders: If agreement cannot be reached on total price, period of performance or any other term or condition of the Task Order, the CO may unilaterally establish the terms and conditions of the Task Order.

The Contractor may pursue any unilateral term or condition as a dispute under the "Disputes" clause of this contract. Reference Section I, FAR Clause 52.212-4(d) Disputes.

9) Designated Holidays: The Contractor shall observe the following holidays:

New Year's Day, Birthday of Martin Luther King Jr., Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. (A Contractor, however, may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved). (See 29 CFR 4.174)

In addition to the designated holidays, the Government observes any other day designated by Federal Statute, any other day designated by Executive Order and any other day designated by a Presidential Proclamation. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth in this contract. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however (unless authorized by CO for emergency use only), no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than normal compensation for the time worked.

mailto:kyle.edmonds@usda.gov http://www.gsa.gov/

10) Terminations: The Government may modify or terminate the contract or any Task Order upon written notice from the CO. Upon termination, the Contractor shall deliver to the Government any documents, invoices and/or reports, deliverables or commodities provided to the Contractor as of the date of the termination. Reference Section I, FAR Clause 52.212-4(l) Termination for the Government’s Convenience and 52.212-4(m) Termination for Cause.

11) Contract Closeout: The CO intends to perform contract closeout procedures on the contract as well as Task

Orders that are issued. The Contractor agrees to perform any functions necessary to support this process on time.

Contract closeout will occur as soon as possible after completion and acceptance of Task Order performance.

Special Contract Requirements

1) Post-award Conference: A Post-award Conference will be held with the successful offeror(s). We intend to schedule the conference within fifteen (15) days after the official award of the contract. The successful offeror will be notified of the date and time, and the time will be mutually agreed upon. The purpose of the conference is to acquaint the Contractor with the Government policies and procedures to be observed during their work and to develop a mutual understanding relative to the administration of the contract. The post-award Conference travel costs will not be subject to reimbursement.

To ensure a smooth and orderly start-up of the contract, the Key Personnel specified in the contractor's proposal must be available to attend the post-award Conference within fifteen (15) days after award of the contract.

Suppose the Contractor's key personnel are not in attendance for the post-award Conference. In that case, a show cause notice will be issued, and the Contractor may be subject to default action as prescribed in FAR 52.212-4(m) Termination for Cause.

2) Safeguarding Information: The Contractor shall protect from unauthorized disclosure any materials, deliverables, invoices and/or reports, and submittals, etc., or any information made available by the Government or that the Contractor has access to by the provisions of the contract, that are not intended for public disclosure.

It is understood that disclosures of any information relating to the work or…