MIFB-I_042426.pdf

USDA, Agricultural Marketing Service Commodity Procurement Programs

An Equal Opportunity Provider and Employer

AMS Master Invitation for Bids for International Commodity

Procurements (MIFB-I) for International Food Assistance Program Purchases

Effective: April 24, 2026

MIFB-I Updates included in this version, (i.e., changes from April 7, 2026, version)

Contract Clauses and Provisions Updated Clause/

Provision Number

Clause/Provision Name Provision or Clause Change

52.222-90 Addressing DEI Discrimination by Federal Contractors

C New clause created to support Executive Order 14398, Addressing DEI Discrimination by Federal Contractors.

52.244-6

Subcontracts for Commercial Products and Commercial Services

C

The date of this clause is updated and the clause 52.222-90 is added to the table of clauses required to be flowed down to subcontracts for commercial products or commercial services.

AMS Master Invitation for Bids for Commodity Procurements – International Programs

(MSCP-I)

Effective Date: April 7, 2026

I. GENERAL INFORMATION

II. CONTRACT CLAUSES

52.209-1 Qualification Requirements (Nov 2025) 52.211-11 Liquidated Damages- Supplies, Services, or Research and Development (Sep 2000) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) 52.246-11 Higher-Level Contract Quality Requirement (Dec 2014) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025) 452.211-71 Variation in Quantity (Sep 2025) 452.211-74 Delivery Instructions – Commodity Procurement (Sep 2025) 452.211-80 Regulatory Requirements for Commodities and Packaging – International (Sep 2025) 452.211-81 Carrying Charges – International (Sep 2025) 452.211-78 Compensation for Delays in Delivery (Sep 2025) 4A52.219-90 The 8(a) Program (June 2021) 4A52.219-91 The HUBZone Program (Aug 2022) 452.225-70 U.S. Origin Product – Domestic and International- (Dec 2025) 4A52.232-70 Contractor Expenses (June 2021) 4A52.232-90 Electronic Invoicing (June 2021) 452.247-73 Seals on Transportation Conveyances (Oct 2025) 452.247-75 Miscellaneous Contract Requirements for F.o.b. Vessel Delivery (Oct 2025) ... 23

III. Contract Documents, Exhibits and Attachments IV. Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (OCT 2025) 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (NOV 2025) 52.216-1 Type of Contract (NOV 2025) 52.219-1 Small Business Program Representations (NOV 2025) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

AGAR Provisions 452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec

2025) 452.209-70 Past Performance with Regard to Offeror’s Present Responsibility (OCT 2025)28 452.214-70 Contract Award – Application of Lowest Landed Cost – International (Oct 2025) 452.214-71 Electronic Submission of Bids (Oct 2025) 452.214-73 Place of Performance – International (Oct 2025) 4A52.219-70 Size Standard and NAICS Code Information

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Master Invitation for Bids for Commodity Procurements for International Food Assistance Programs

I. GENERAL INFORMATION

This Master Invitation for Bids for Commodity Procurements – International Programs (MIFB-I or “Master IFB”), is used by the U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Commodity Procurement Program (CPP) to provide contract clauses and solicitation provisions applicable to the solicitation of bids and award of contracts for various commodities used in U.S.

Government international food assistance programs, such as Food for Peace, Food for Progress, and the McGovern-Dole Food for Education programs. The Master IFB also provides general guidance to potential bidders.

CPP will periodically issue invitations for bids (IFB) under this Master IFB, available for viewing on the Web Based Supply Chain Management (WBSCM) public procurement page, and through the Contract Opportunities domain on www.sam.gov. Bidding and contract related actions, such as viewing WBSCM Purchase Orders (i.e., contracts) and shipping instructions, providing Advance Shipping Notices (ASN), and receipting of goods are performed in WBSCM.

The Master IFB will be updated as necessary to incorporate changes in the Federal Acquisition Regulation (FAR), Agricultural Acquisition Regulations (AGAR), and AMS policies and procedures.

Bidders should not assume that a copy of the MIFB-I, once downloaded for a particular IFB will be applicable for subsequent IFBs. The effective date at the top of the Master IFB document will govern which version of MIFB-I is applicable to a particular IFB. Prior versions of the MIFB-I will be archived and available on the AMS website.

Awards will be made following the principles in the FAR and AGAR. The IFB will specify the commodity; delivery periods; quantities; closing time for receipt of bids; acceptance date, and any solicitation provisions and contract clauses applicable to the proposed procurement which are in addition to, or different from, those contained in the Master Solicitation. The full texts of the applicable FAR provisions and clauses incorporated into the contract can be found at https://www.acquisition.gov/far-overhaul.

Commodities purchased by AMS must be a product of the United States (see clause 452.225-70, U.S.

Origin Products – Domestic an International). Specifications and program requirements are further defined in the appropriate commodity specification and/or supplement and are incorporated herein.

Offerors are advised to carefully read this Master Invitation for Bid, the applicable IFB, and the applicable commodity requirements document to understand the invitation, evaluation, and award process for CPP commodity acquisitions for international food assistance programs. Failure to do so will be at the offeror’s risk. These documents are incorporated into the contract. Offerors are cautioned that statements made by Government personnel other than the Contracting Officer are not binding on the Government unless confirmed in writing by the Contracting Officer. 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.

https://www.acquisition.gov/far-overhaul https://www.acquisition.gov/far-overhaul

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II. CONTRACT CLAUSES

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions

The clauses and provisions contained herein are applicable to any contract or order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the contract or order constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul, 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 this solicitation. Contracting officers will rely on representations from offers based on provisions in this solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.209-1 Qualification Requirements (Nov 2025)

The full text of the clause is available at FAR 52.209-1.

Name: The Contracting Officer identified in the IFB.

A full contact list can be found on the AMS Commodity Procurement website.

(End of clause)

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

NOTE: Liquidated damages are based upon delivery periods for f.o.b. destination contracts and f.a.s.

vessel contracts for bags only but based on shipping periods for all others.

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $ (see table below) per calendar day of delay, not to exceed 45 days of delay.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_209_1 https://www.ams.usda.gov/sites/default/files/media/AMSCommodityProcurementStaffContactList.pdf

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Commodity Liquidated Damages USDA Commodity Requirement

Rate

Per Net Weight

All Purpose Wheat Flour/Bread Flour Bagged Grain Bulgur Wheat/Soy - Fortified Bulgur Canned Salmon Corn Oil Cornmeal Corn-Soy Blend Plus Dehydrated Potato Products Dried Dairy Ingredients Dry Edible Beans Fortified Poultry-Based Spread High Energy Biscuits Milled Rice/Fortified Milled Rice (bagged) Peas & Lentils Ready-To-Use Supplementary Food Ready-To-Use Therapeutic Food Soy-Fortified Cornmeal Sunflower Seed Oil Super Cereal Plus Value Added Soy Products Vegetable Oil Wheat Soy Blend

WFBF

KCBG

BWSF

CPS

CO

CM

CSBP

DPP

DDI

DEB

FPBS

HEB

MR

PL

RUSF

RUTF

SFCM

SFSO

SCP

VASP

VO

WSB

$ 0.11 Cwt/day

Nonfortified Nonfat Dry Milk-Export DME $ 0.45 Cwt/day Bags KCP BAGS

$25.00 1,000 bags/day

(b) If the Government terminates this contract in whole or in part under the Default—Fixed- Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains shipment/ delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed- Price Supply and Service clause in this contract.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

The full text of the clause is available at FAR 52.212-4.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_212_4

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Addenda to 52.212-4

(a) Definitions – 52.212-4 Addendum.

(1) When a solicitation provision or contract clause uses a word or term that is defined in the FAR, the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(A) The solicitation, or amended solicitation, provides a different definition;

(B) The contracting parties agree to a different definition;

(C) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(D) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(2) Definitions applicable to this solicitation—

(i) Agricultural commodity means commodities and the products of agricultural commodities produced in the United States. A product shall not be produced in the United States if it contains any ingredient that is not produced in the United States, if that ingredient is:

1. Produced in the United States; and

2. Commercially available in the United States at fair and reasonable prices from domestic sources.

(Authority 7 U.S.C. 1732(2), 1736o-1(a), and AGAR 470.103)

(b) Commingled product means grains, oilseeds, rice, pulses, other similar commodities and the products of such commodities, when such commodity or product is normally stored on a commingled basis in such a manner that the commodity or product produced in the United States cannot be readily distinguished from a commodity or product not produced in the United States.

(c) Commodity Credit Corporation (CCC) means a wholly owned government corporation within the U.S. Department of Agriculture (USDA).

(d) Federal Holiday means legal public holidays observed by the Federal Government in accordance with 5 U.S.C. 6103. The Federal Government observes the following days as holidays:

New Year’s Day January 1st* Martin Luther King’s Birthday Third Monday in January Presidents’ Day Third Monday in February Memorial Day Last Monday in May Juneteenth National Independence Day

June 19th*

Independence Day July 4th* Labor Day First Monday in September Columbus Day Second Monday in October Veterans’ Day November 11th Thanksgiving Day Fourth Thursday in November Christmas Day December 25th*

*If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(e) Free alongside ship (f.a.s.) (f.a.s. named port of shipment) means a term of sale which means the seller fulfills its obligation to deliver when the goods have been placed alongside

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the vessel on the quay or in lighters at the named port of shipment. The supplier is responsible for all costs including but not limited to tollage, wharfage, and handling. The buyer bears all costs and risks of loss of or damage to the goods from that point.

(f) FGIS means Federal Grain Inspection Service of the USDA which provides inspection, weighing, and related services on grains, pulses, oilseeds, and processed and graded commodities.

(g) F.o.b. vessel means: for dry bulk cargoes, delivered free of expense to the Government loaded, unsowed and untrimmed, on board the designated conveyance at the USDA-approved port facility specified in the contract; and for liquid bulk cargoes, delivered free of expense to the Government on board the ocean vessel provided by USDA at the named port of shipment specified in the contract.

(h) Grain Acquisition Report and Invoice for Related Charges means: Form KC-228 means a form that is issued by a warehouse operator to CCC in lieu of or in addition to a warehouse receipt.

(i) Intermodal plant means delivered free of expense to the Government loaded on board the carrier-supplied conveyance at the origin point.

(j) Intermodal bridge means delivered free of expense to the Government delivered in transportation conveyance obtained by the vendor to locations where steamship lines have established and published intermodal rates from a U.S. point to a U.S. port and a foreign destination.

(k) Instore means within a USDA-approved warehouse.

(l) Lowest-landed cost means the lowest combined cost of commodity and ocean freight to deliver a commodity to an overseas destination while adhering to cargo preference statutes and regulations.

(m) Packaging and containers include any substance intended for use as a component of materials used in manufacturing, packing, transporting or holding food if such use is not intended to have a technical effect in such food.

(n) Plant is defined as the prime or sub-contractor’s facility where an agricultural commodity, or commodity-related item, is manufactured or processed from raw materials into a finished product, assembled from components, or packaged. An offeror’s plant location, cited in an offer, must contain at least one of the industrial or manufacturing processes listed above. A local site which accommodates finished product while awaiting analytical test results, staging for shipment consolidation, or loading into shipping containers/trucks/railcars is considered a supplementary extension of the prime or sub-contractor’s plant facility.

(o) WBSCM Purchase Order or WBSCM PO means a contract that is accessible in the WBSCM System. Contract is defined by FAR, i.e., a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. See FAR 2.101 for the full definition.

(p) World Trade Organization Government Procurement Agreement (WTO GPA) country means any of the following countries: Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom.

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(b) Inspection/Acceptance –

(1) Inspection. The Government reserves the right to perform quality assurance at source; source includes, but is not limited to, contractor’s manufacturing facility, packaging facility, warehouse, in-house laboratory, subcontractor’s facilities, etc.

(2) Acceptance. Formal acceptance shall occur when the Government approves the invoice for payment. However, the Government reserves the right to reject, in total or in part, manufacturers lots, sub-lots, production dates or the like when non-conforming product is identified.

(d) Changes – 52.212-4 Addendum.

The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

a. Method of shipment or packing.

b. Place of delivery.

c. Time of delivery.

If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract, unless the contract terms provide for regional delivery pricing that covers cost adjustments. The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(j) Risk of Loss – 52.212-4 Addendum

Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon-

(i) Delivery of the supplies when the goods have been placed alongside the vessel on the quay or in lighters at the named port of shipment, if transportation is f.a.s.

(named port of shipment). If the named port of shipment has warehouse/berth/terminal/transload facilities available and contractor’s shipment(s) is unloaded into such a facility as named by the ocean carrier rather than placed alongside vessel on the quay or in lighters, then risk of loss to supplies shall pass from the contractor at the point where the supplies come to rest in the warehouse/berth/terminal/ transload facility designated by the ocean carrier;

(ii) Delivery of the supplies on board the ocean vessel at the named port of shipment specified in the contract, if transportation is f.o.b. vessel;

(iii) Delivery of the supplies when placed on board the conveyance at named point of origin, if transportation is Intermodal Plant;

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(iv) Delivery of the supplies to the carrier on rail cars, trucks, or carrier- supplied conveyance at the named bridge point, if transportation is Intermodal Bridge;

(v) Delivery of the supplies to the carrier on rail cars, trucks, or carrier- supplied conveyance at the bridge-port point, if transportation is Intermodal Bridge-Port.

(vi) Receipt by the Government of a warehouse receipt or a certified Form KC-228 covering supplies being delivered, if delivered Instore.

(a) Paragraph (a) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (a) of this clause shall apply.

(b) Under paragraph (a) of this clause the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(r) Order of Precedence – 52.212-4 Addendum

Any inconsistencies in the solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Invitation for Bids

(b) Solicitation provisions

(c) Contract clauses

(d) USDA Commodity Requirements

(e) Other documents, exhibits, and attachments

52.246-11 Higher-Level Contract Quality Requirement (Dec 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

4.0, Quality Management System 5.1, Management Commitment 5.3, Quality Policy 5.5, Responsibility, Authority, Communication 5.6, Management Review (Limited to 5.6.1 and 5.6.2) 6, Resource Management 7.1, Planning of Product Realization 7.2, Customer Related Processes 7.4, Purchasing Process 7.5, Production and Service Provision 7.6, Control, Monitoring and Measuring Devices 8.0, Measurement, Analysis and Improvement AMS uses the Federal Grain and Inspection Service (FGIS) Quality Assurance Program for monitoring contractor compliance with standards. Information concerning this program can found at the website: https://www.ams.usda.gov/services/fgis/osp/quality-assurance

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in—

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require—

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i. Control of such things as design, work operations, in-process control, testing, and inspection; or

ii. Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at these addresses: https://acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.

The following clauses are incorporated by reference:

FAR Clause Reference Number

Description Date (Month/Year)

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 with Alt I

Restrictions on Subcontractor Sales to the Government JUN 2020

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-13 System for Award Management - Maintenance NOV 2025 52.209-1 Qualification Requirements SEP 2025 52.209-6 Protecting the Government’s Interest when

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

SEP 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

SEP 2025

52.214-26 Audit and Records – Sealed Bidding NOV 2025 52.214-27 Price Reduction for Defective Cost or Pricing Data-

Modifications-Sealed Bidding

JUN 2020

52.214-28 Subcontractor Cost or Pricing Data-Modifications-Sealed Bidding

NOV 2025

52.219-6 Notice of Total Small Business Set-Aside NOV 2025 52.219-8 Utilization of Small Business Concerns NOV 2025 52.219-9 with Alt I

Small Business Subcontracting Plan, with Alternate I NOV 2025

52.219-14 Limitations on Subcontracting NOV 2025 52.219-16 Liquidated Damages – Subcontracting Plan NOV 2025 https://acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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52.219-28 Post award Small Business Program Rerepresentation NOV 2025 52.219-33 Nonmanufacturer Rule NOV 2025 52.222-3 Convict Labor NOV 2025 52.222-90 Addressing DEI Discrimination by Federal Contractors APR 2026 52.232-11 Extras APR 1984 52.222-19 Child Labor – Cooperation with Authorities and

Remedies

NOV 2025

52.222-35 Equal Opportunity for Veterans NOV 2025 52.222-36 Equal Opportunity for Workers with Disabilities NOV 2025 52.222-37 Employment Reports on Veterans NOV 2025 52.222-40 Notification of Employee Rights under the National

Labor Relations Act

NOV 2025

52.222-50 Combating Trafficking in Persons NOV 2025 52.225-1 Buy American-Supplies NOV 2025 52.225-5 Trade Agreements NOV 2023 52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving

MAY 2024

52.232-11 Extras APR 1984 52.232-29 Terms for Financing of Purchases of Commercial

Products and Commercial Services

NOV 2021

52.232-33 Payment by Electronic Funds Transfer – System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award SEP 2025 52.233-4 Applicable Law for Breach of Contract Claim SEP 2025 52.240-91 Security Prohibitions and Exclusions NOV 2025 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.244-6 Subcontracts for Commercial Products and Commercial

Services

APR 2026

52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibilities 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

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels

NOV 2025

52.252-4 Alterations in Contract APR 1984 52.253-1 Computer Generated Forms NOV 2025

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AGAR Clauses

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

(a) By entering into this contract, the Contractor certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

2. Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

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452.211-71 Variation in Quantity (Sep 2025)

(a) A variation in quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping or packing, or allowances in manufacturing process, and then only to the extent, if any specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

Zero (0) percent increase Zero (0) percent decrease.

452.211-74 Delivery Instructions – Commodity Procurement (Sep 2025)

The Government will issue electronic purchase orders in WBSCM and notify the contractor via email. The contractor must ensure it can receive emails during the contract and maintain an accurate email address on file. The Government is not responsible for email receipt failures due to contractor equipment or software issues. The Government reserves the right to also issue Purchase Orders by alternative methods, including fax or regular mail.

(End of clause)

452.211-75 Advance Shipment Notice (ASN) and Unloading Appointment (Sep 2025)

(a) The Contractor shall enter a WBSCM advanced shipment notice (ASN) on or before the shipment date. Contractors are encouraged to create the ASN as soon as a delivery appointment is scheduled, but no less than 24 hours beforehand. Accurate information must be provided in the ASN, which alerts the recipient agency of the shipment. Advanced shipment notices shall include:

1. Shipper’s name

2. Commodity

3. Sales Order or Requisition Number (SO or RN)

4. Units per (SO or RN)

5. Destination

6. Purchase Order Number

7. Ship date

8. Mode of transportation. If truck, anticipated date of arrival.

Note: USDA has provided an excel template in a comma delimited (csv) format that allows the Contractor to upload purchase order line items that will create multiple ASNs.

(b) Creating the ASN does not exempt the Contractor or subcontractor from securing an unloading appointment, which is mandatory for all deliveries.

(c) Delivery appointments shall be scheduled as far in advance of expected delivery as possible, but not less than 72 hours prior to delivery by contacting a responsible representative at the applicable Purchase Order Item’s Ship-to-Address for an unload appointment. Reference the Purchase Order (PO) Number, PO Item Number, and when

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provided, the Sales Order (SO) Number and SO Item Number for which the appointment is being scheduled. The contractor is fully responsible for any issues caused by failing to schedule or being late for appointments.

(d) The Contractor may deliver early if the recipient agency agrees to accept early delivery, there is no additional cost to the Government, and upon AMS personnel being available to perform any necessary check loading and acceptance requirements, if applicable.

452.211-80 Regulatory Requirements for Commodities and Packaging – International (Sep 2025)

(a) The commodity shall conform to the applicable provisions of the “Federal Food, Drug, and Cosmetic Act” (21 U.S.C. 301 et. seq.), as amended, and the relevant regulations, including applicable Food Safety Modernization Act regulations (FSM), and sections in the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act). The contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations related to its performance under this contract.

(b) All containers and packaging materials must comply with the Coalition of Northeast Governors (CONEG) model legislation. The combined concentration of lead, cadmium, mercury, and/or hexavalent chromium must not exceed 100 parts per million. Concentration levels should be determined using American Standard Testing Materials test methods, as revised or Environmental Protection Agency test methods for evaluating solid waste, S-W 846, as revised.

452.211-81 Carrying Charges – International (Sep 2025)

(a) For f.o.b. vessel contracts (excluding bulk oils and tallow), if the Government fails to take delivery by the end of the delivery period for reasons beyond the control of the contractor, the Government will pay carrying charges of 18 cents per metric ton per day. This starts the day after the delivery period ends and continues until the vessel presents a valid Notice of Readiness (NOR). The vessel must have passed all inspections and be ready to load grain. The NOR must be presented during business hours (0900-1600 local time, Monday to Friday, and 0900-1200 Saturday, excluding federal holidays or a holiday listed on the elevator tariff).

NORs filed after hours will be considered presented on the next business day.

(b) For f.o.b. vessel contracts for bulk oil and tallow, if the Government fails to take delivery by the end of the delivery period for reasons beyond the contractor’s control, the Government will pay a premium based on the actual (noncumulative) number of days delivery period is exceeded until the vessel presents the NOR as follows:

1. If exceeded by 1, 2, 3, or 4 days, ½ of 1 percent of the f.o.b. price;

2. If exceeded by 5 or 6 days, 1 percent of the f.o.b. price;

3. If exceeded by 7 or 8 days, 1 ½ percent of the f.o.b. price;

4. If exceeded by more than 8 days, an additional premium of ¼ of 1 percent of the f.o.b. price for each day beyond 8 days.

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(c) If the f.o.b. vessel contract contains multiple prices, the premium shall be calculated on the weighted average of the contract prices.

452.211-78 Compensation for Delays in Delivery (Sep 2025)

(a) If the Contractor cannot meet the Not-Later-Than (NLT) delivery date, the Contractor shall notify the Contracting Officer immediately. If the delay is beyond the Contractor’s control, they must request an extension at least three days before the NLT date. Failure to submit the request or denial of the extension request will result in liquidated damages per FAR clause 52.211-11. Extension requests submitted after the NLT date or delay requests due to weekends/Federal holidays will not be accepted. The request shall include the following information:

1) Applicable, identifiable contract and contract line-item information;

2) Documentation evidencing the event and how that event is beyond the control or negligence of the Contractor;

3) Estimated delivery dates that the product will be delivered, and;

4) Any additional information requested by the contracting officer.

(b) If a Contractor’s product is rejected, they must delivery an acceptable replacement by the NLT delivery date to avoid liquidated damages. If the replacement arrives after the NLT delivery date, liquidated damages will be assessed.

(c) When deliveries are made by contract carrier or vendor’s own vehicle, the date shown on the signed commercial bill of lading will be considered the date of delivery.

4A52.219-90 The 8(a) Program (June 2021)

For the purposes of contracts made under the 8(a) Program, FAR 19.8, reference to “Contractor,” in all USDA contract or purchase order documents, means the 8(a) firm. In accordance with the Partnership Agreement as authorized under FAR 19.800(e), the Small Business Administration (SBA) has delegated responsibility to USDA for the administration of contracts or purchase orders awarded to 8(a) firms with complete authority to take any action on behalf of the Government under the terms and conditions of the contract. All 8(a) contractors must be on the Qualified Vendors List.

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4A52.219-91 The HUBZone Program (Aug 2022)

(a) The Government will award contracts to eligible HUBZone small business concerns in accordance with FAR Subpart 19.13, except for price evaluation preference mandated by the provisions of 15 U.S.C. 657a.

(b) For agricultural commodities procured on the basis of full and open competition for international food aid programs, the price offered by a qualified HUBZone small business concern shall be deemed as being lower than the price offered by another offeror (other than another small business concern), if the price offered by the qualified HUBZone small business concern is not more than 5 percent higher than the price offered by the otherwise lowest, responsive, and responsible offeror.

(1) The price evaluation preference shall be—

(i) 5 percent, for the portion of a contract to be awarded that is not greater than 20 percent of the total volume being procured for each commodity in a single invitation; and

(ii) 0 percent for the portion of a contract to be awarded that is greater than 20 percent of the total volume being procured for each commodity in a single invitation.

452.225-70 U.S. Origin Product – Domestic and International- (Dec 2025)

(a) The products of agricultural commodities acquired under this contract must be a product of the United States and shall be considered to be such a product if it is grown, processed, and otherwise prepared for sale or distribution exclusively in the United States (See AGAR 470.103). Ingredients from nondomestic sources will be allowed to be utilized as a United States product if such ingredients are not otherwise:

1. Produced in the United States; and

2. Commercially available in the United States at fair and reasonable prices from domestic sources.

(b) All meat shall originate from livestock that are born, raised, and harvested in the United States.

(c) If the Contractor processes or handles products originating from sources other than the United States, the Contractor must have an acceptable identification and segregation plan for those products to ensure they are not used in commodities purchased under this contract—except for commingled products (see paragraph (d)). This plan must be made available to an AMS representative and the Contracting Officer or agent thereof upon request. The Contractor must ensure that the Contractor and any subcontractor(s) maintain records such as invoices, or production and inventory records evidencing product origin, and make such records available for review by the Government in accordance with FAR 52.214-26.

(d) For commodities that the Department has determined to be generally commingled, a commingled product shall be considered to be a product of the United States if the offeror can establish that the offeror has in inventory at the time the contract for the commodity or product is awarded to the offeror, or obtains during the contract performance period specified in the solicitation, or a combination thereof, a sufficient quantity of the commodity or product that was produced in the United States to fulfill the https://www.acquisition.gov/agar/part-470%E2%80%94commodity-acquisitions https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_214_26

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contract being awarded, and all unfulfilled contracts that the offeror entered into to provide such commingled product to the United States. However, if the commodity can be readily stored on an identity preserved basis with respect to its country of origin, the Government may require that the commodity acquired under this contract be of 100 percent U.S. origin.

(e) The Contractor agrees to include this domestic origin certification clause in all subcontracts for products used in fulfilling contracts awarded under this Master Solicitation. The burden of proof of compliance is on the Contractor.

(f) FAR clause 52.225-5, Trade Agreements incorporated by reference in FAR clause 52.252-2 applies only to packaging and container components. Agricultural commodities and their products are exempt from 52.225-5.

(g)The Government has determined that the following commodities shall be 100 percent U.S. origin and provided on an identity preserved basis:

1. Dry beans, peas, and lentils.

(End of Clause)

4A52.232-70 Contractor Expenses (June 2021)

Unless stipulated otherwise in the contract, all expenses incurred including but not limited to testing, analysis, fumigation, and certification requirements shall be the responsibility of the contractor.

4A52.232-90 Electronic Invoicing (June 2021)

Electronic invoicing is authorized and required for this contract.

(a) Contractor’s Advance Shipment Notice (ASN) as invoice. The ASN entered in WBSCM will serve as the contractor’s invoice, i.e., request for payment. Separate entry of an invoice using WBSCM’s Supplier Self Service is no longer required.

(b) Authorization to pay. The Government will not review an invoice for payment until all required supporting documentation has been received. In addition to the items in paragraph (2) above, all invoice payments must be supported by a receiving report (proof of delivery). A recipient-entered WBSCM goods receipt will serve as the receiving report. The recipient (receiving official) should enter the goods receipt into WBSCM no later than the 2nd working day after delivery.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_225_5 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_225_5

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(c) Payment due dates. The due date for making an invoice payment is as follows—

Upon receipt of a proper invoice for: Payment must be made as close as possible to but not later than:

Perishable agricultural commodities. As defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C 499a(4)). (This includes frozen fruit and vegetable products).

10th day after receipt of a proper invoice, unless another day is specified in the contract.

Dairy products. As defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products fall within this classification. Nothing in the Act limits this classification to refrigerated products. If questions arise regarding the proper classification of a specific product, the contracting officer must follow prevailing industry practices in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the contractor making the representation.

10th day after a proper invoice has been received

All other commodities 30th day after receipt of a proper invoice.

(d) Supporting documents. When applicable, contractor shall upload additional supporting documents when submitting their shipment receipt or ASN in WBSCM as follows—

(1) Goods Receipt, (including attachments, as applicable; see paragraphs (a) through (g) regarding other proof of delivery documents for various delivery bases);

(2) Required inspection certificates (see paragraphs (a) through (g) for the type of inspection evidence required); and

(3) Other information required for the applicable delivery basis (outlined in paragraphs

(a) through (e) below):

(a) For f.a.s. vessel, intermodal plant, intermodal bridge, shipments with acceptance occurring at final contracted destination:

The contractor shall submit the following proof of delivery and/or inspection documents:

(i) Commercial Bill of Lading; and

(ii) Inspection document such as:

(1) Government-issued inspection certificate; or

(2) FGIS Official (original) inspection certificates “with handwritten blue ink signature and lot number”; or

(a) Certificate of Analysis (COA), original COA including company letterhead with supplier/lab full address, purchase order number, lot number, production date, BUBD, test results with reference to specification min/max, blue ink handwritten signature, company logo in color and company seal/stamp. If product delivered falls within the quality discount table as outlined in the commodity specifications, those factors must be identified by an asterisk on the copies of the COA; and

(iii) Statement from the contractor certifying fumigation of product, if required;

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and

(iv) Proof of delivery as stipulated in the following table:

Delivery Basis Proof of Delivery Intermodal plant A bill of lading, or similar document, showing count and over, short and damage, including documentation of carrier acceptance.

Intermodal Bridge A bill of lading, consignee receipt, signed by the freight forwarder/ unloading stevedore, as proof of delivery at the intermodal bridge point, or similar document signed by the unloader and receiver showing count and over, short and damage.

F.A.S. Vessel A WBSCM Good Receipt entered by the freight forwarder/unloading stevedore, or proof of delivery document signed by the unloader or receiver at the FAS position showing count and over, short and damage (e.g., Dock Receipt, Consignee Receipt).

(b) For f.o.b. vessel shipments-dry bulk cargoes.

The contractor shall submit the following proof of delivery and/or inspection documents, as applicable:

(1) Copy of signed and dated on board Ocean Bill of Lading or copy of Mate’s Receipt

(vessel under and over fills in excess of 5% to be settled in cash at market value determined by the Government on the day following the Bill of Lading date);

(2) FGIS Official (original) Export Weight;

(3) FGIS Official (original) Clear White Grade Inspection Certificates;

(4) FGIS Protein Certificate, if protein analysis is required;

(5) FGIS Aflatoxin Certificate, if aflatoxin testing is required;

(6) FGIS Vomitoxin Certificate, if Vomitoxin testing is required;

(7) FGIS or commercial private laboratory certificate for falling number, if falling number analysis is required; and

(8) Fumigation certificate issued by the fumigator and a signed statement on

FGIS letterhead attesting that the fumigation was witnessed by a FGIS representative, if required.

(c) For f.o.b. vessel shipments - bulk oils and tallow, the contractor shall submit the following proof of delivery and/or inspection documents.

(1) Copy of signed and dated on board Ocean Bill of Lading or Mate's Receipt;

(2) Chemical, analysis certificate issued by a National Oilseed Processors Association or American Fats and Oils Association, Inc. – approved commercial chemist on the chemist's letterhead, which includes

(a) The following certification:

“The undersigned hereby certifies that the chemical analysis certificate was issued as a result of the analysis of samples taken by an independent surveyor, MSCP-I 22 and that such chemical analysis was performed in accordance with methods prescribed in the Trading Rules of the National Oilseed Processors Association or American Fats and Oils Association, Inc.”, as applicable;

(b) A statement that the bulk oil/tallow met the analytical requirements of the specifications as provided in the contract;

(3) A sampling certificate which includes a statement that the samples were drawn in accordance with American Oil Chemists Society Method C 1-47;

(4) Survey report of the independent surveyor which must include the weight of the bulk oil/tallow delivered and a certification that the ship’s tanks were examined and found suitable for receipt and carriage of the bulk oil/tallow.

(d) For f.a.s. vessel – bag shipments with acceptance occurring at final contracted destination. The contractor shall submit the following proof of delivery and/or inspection documents:

(1) Commercial Bill of Lading; and

(2) Proof of delivery as evidenced by a dock receipt, consignee receipt signed by the freight forwarder/ unloading stevedore, as proof of delivery at the f.a.s. position or similar document signed by the unloader and receiver showing count and over, short and damage.

(e) For Instore delivery The contractor shall submit the following proof of delivery and/or inspection documents:

(1) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(2) Form KC-228 or negotiable warehouse receipts.

452.247-73 Seals on Transportation Conveyances (Oct 2025)

(a)Contractors, under the supervision of a USDA Agricultural Marketing Services (AMS) certification agent, when applicable, shall be responsible for placing a seal(s) on all cargo doors of each transportation conveyance upon completion of loading, partial unloading, inspection, or servicing.

(b) Seals must meet the American Society for Testing and Materials (ASTM) Standard, (F-1157-04, and/or the International Organization for Standards (ISO) 17712-2013. Contractors shall use traceable, tamper-evident commercial seals (ex. flat metal, wire, plastic, etc.) or high security seals (high security bolt, barrier-type, or equivalent device which can only be removed by bolt cutter type tools). Seals shall be sequentially numbered. The contractor or its agent shall provide a sufficient number of traceable tamper-evident seals to ensure security of the load while in route through final destination.

(c) The seal numbers shall be documented on the Bill of Lading, and shipment manifest, certificate, or other delivery documents, as applicable, which must be signed or acknowledged by the carrier or its agent.

(d) It will be the responsibility of the Contractor to provide sufficient number of seals to the carrier service and to ensure that the trailer is sealed after each delivery location (when destined for multiple https://www.astm.org/f1157-04.html

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recipients). The seal number must be recorded on the appropriate delivery document and correspond with the applied seal at the time of arrival at the next destination.

(e) When making deliveries to more than one destination from the same railcar, the quantities required at each stop off must be placed in separate compartments under seal.

(f)…