MSCP-I (02-13-2025).pdf

USDA, Agricultural Marketing Service Commodity Procurement Program

1400 Independence Ave., SW, Room 3522-S, STOP 0239 Washington, DC 20250-0239

An Equal Opportunity Provider and Employer

AMS Master Solicitation for Commodity Procurements

– International Programs (MSCP-I) for International Food Assistance Program Purchases

Effective: February 13, 2025

MSCP-I Updates included in this version, (i.e., changes from the October 24, 2024, version)

General Updates Page Text Change

8 “This version of the Master Solicitation incorporates FAR provisions and clauses in effect through ______”

Updated to FAC 2025-02.

Contract Clauses and Provisions Updated FAC 2025-02, Technical Amendments

Clause/ Provision Number

Clause/Provision Name Provision or Clause

Change

52.204-7 System for Award Management

Provision Amend section 52.204-7 by adding the phrase “(End of provision)” after paragraph (d) and before the Alternate I.

52.204-8, clause date/heading and

(c)(1)(xix)

Annual Representations and Certifications (Feb 2024)

Provision

Amend section 52.204-8 by revising the date of the provision, and removing from paragraph (c)(1)(xix) the phrase “include the clause at 52.204-7” and adding “include the provision at 52.204-7” in its place.

Administrative Changes

Clause/ Provision Number

Clause/Provision Name

Provision or Clause

Change

52.222-19 Child Labor-Cooperation with Authorities and Remedies

Clause Add required clause.

4A52.204-70 Inquiries Provision Removed – AGAR provision no longer valid.

4A52.211-74 Period of Performance Clause Removed – AGAR clause no longer valid.

4A52.211-91 Compensation for Delays in Deilvery

Clause Updated clause to clarify when an extension is to be submitted and defines what to include in the request.

4A52.247-70 Delivery Location Clause Removed – AGAR clause no longer valid.

AMS Master Solicitation for Commodity Procurements – International Programs (MSCP-I) for International Food Assistance Program Purchases

Effective Date: , 2025

I. GENERAL INFORMATION

II. CONTRACT CLAUSES

4A52.202-90 Additional Definitions Applicable to this Solicitation (June 2021) 52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (Dec 2023) 8 52.209-1 Qualification Requirements (Feb 1995) 4A52.211-70 Delivery Instructions (June 2021) 4A52.211-71 Regulatory Requirements for Commodities and Packaging (June 2021) 4A52.211-90 Carrying Charges (June 2021) 4A52.211-91 Compensation for Delays in Delivery (February 2025) 52.211-11 Liquidated Damages- Supplies, Services, or Research and Development (Sep 2000) 52.211-16 Variation in Quantity (Apr 1984) 4A52.214-90 Place of Performance (June 2021) 4A52.214-91 Order of Precedence (June 2021) 4A52.219-90 The 8(a) Program (June 2021) 4A52.219-91 The HUBZone Program (Aug 2022) 4A52.225-70 U.S. Origin Product (June 2021) 4A52.225-71 U.S. Origin of Agricultural Commodities - Waiver for Certain Ingredients (June 2021) 4A52.232-70 Contractor Expenses (June 2021) 4A52.232-90 Electronic Invoicing (June 2021) 52.232-23 Assignment of Claims (May 2014) 52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) 52.246-11 Higher-Level Contract Quality Requirement (Dec 2014) 4A52.246-90 Risk of Loss (June 2021) 4A52.246-91 Acceptance (Dec 2022) 4A52.247-83 Seals on Transportation Conveyances (May 2023) 4A52.247-90 Miscellaneous Contract Requirements for F.o.b. Vessel Delivery (June 2021)26 52.252-2 Clauses Incorporated by Reference (Feb 1998)

III. Solicitation Provisions 52.201-1 Acquisition 360: Voluntary Survey (Sept 2023) 52.204-8 Annual Representations and Certifications (Jan 2025)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representations and Disclosures (Dec 2023) 4A52.209-90 Past Performance with Regard to Offeror’s Present Responsibility (June 2021)36 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 4A52.214-15 Period of Acceptance of Bids 4A52.214-70 Electronic Submission of Bids (June 2021) 4A52.214-92 Contract Award – Application of Lowest Landed Cost (June 2021) 52.214-3 Amendments to Invitations for Bid (Dec 2016) 4A52.219-70 Size Standard and NAICS Code Information 4A52.228-70 Alternative Forms of Security (Nov 1996) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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Master Solicitation for Commodity Procurements for International Food Assistance Programs

I. GENERAL INFORMATION

This solicitation, called the Master Solicitation for Commodity Procurements – International Programs (MSCP-I or “Master Solicitation”), 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 Solicitation also provides general guidance to potential bidders.

CPP will periodically issue invitations for bids (IFB) under this Master Solicitation, 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 Solicitation 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 MSCP-I, once downloaded for a particular IFB will be applicable for subsequent IFBs. The effective date at the top of the Master Solicitation document will govern which version of MSCP-I is applicable to a particular IFB.

Changes to the MSCP-I will be bolded in each version. Prior versions of the MSCP-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; the 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/browse/index/far.

Commodities purchased by AMS must be a product of the United States (see clause 4A52.225-70, U.S. Origin Product). 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 Solicitation, 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.

http://www.sam.gov/ https://www.acquisition.gov/browse/index/far

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To be eligible to submit a bid, a company must be approved by the Contracting Officer as meeting vendor qualification requirements. For information regarding how to become a qualified bidder, visit the vendor qualification webpage, or contact the Contracting Officer.

https://www.ams.usda.gov/selling-food/becoming-approved

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This version of the Master Solicitation incorporates FAR provisions and clauses in effect through FAC 2025-02

II.CONTRACT CLAUSES

4A52.202-90 Additional Definitions Applicable to this Solicitation (June 2021)

(a) 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.SC. 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 USC 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 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

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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 as 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.

(End of clause)

52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (Dec 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim

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(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine

Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland

Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim

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system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)).

However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and

Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted.

A contracting officer may choose not to pursue a waiver for covered articles https://www.sam.gov/ https://www.acquisition.gov/far/4.2304#FAR_4_2304

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or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and

Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

https://dibnet.dod.mil/

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(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

52.209-1 Qualification Requirements (Feb 1995)

(a) Definition. Qualification requirement as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

Name: USDA, AMS, Commodity Procurement Programs email Address: NewVendor@usda.gov

For information regarding how to become a qualified bidder, visit the vendor qualification webpage, or contact the Contracting Officer.

(c) Not applicable.

mailto:NewVendor@usda.gov

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(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification.

Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

4A52.211-70 Delivery Instructions (June 2021) The Government shall issue to the contractor electronic purchase orders (contracts) in WBSCM.

Notification of the issuance of documents in WBSCM will be sent via email. The contractor shall be responsible for ensuring that it is capable of receiving email communications during the course of the contract. The contractor shall ensure that it has an accurate email address on file with the Government. The Government will not be responsible for any failure of contractor receipt of electronic information attributable to inoperable receiver equipment and/or software. The Government reserves the right, at its option, to issue Purchase Order by other means such as, but not limited to, facsimile transmission or regular mail.

4A52.211-71 Regulatory Requirements for Commodities and Packaging (June 2021)

(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 (FSMA), 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 shall be constructed to meet the requirements of the Food and Drug Administration for safe contact with the packaged product. In addition, all containers and packaging materials shall be constructed to comply with the sum concentration levels of lead, cadmium, mercury, and hexavalent chromium addressed by the Coalition of Northeast Governors (CONEG) model legislation. The sum of the concentration levels of lead, cadmium, mercury, and/or hexavalent chromium present in any package or packaging component shall not exceed 100 parts per million.

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Concentration levels shall be determined using American Standard of Testing Materials test methods, as revised, or U.S. Environmental Protection Agency test methods for evaluating solid waste, S-W 846, as revised.

4A52.211-90 Carrying Charges (June 2021)

(a) For f.o.b. vessel contracts only (excludes 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, on gross metric tons (net metric tons for wheat and sorghum), at the rate of 18 cents per metric ton per day beginning on the day following the end of the delivery period and continuing through the date the vessel presents the notice of readiness. For the purpose of carrying charges, a vessel must have passed all required inspections and be ready to receive grain in the compartments required for loading and a valid Notice of Readiness (NOR) must be presented during normal business hours of 0900 to 1600 local time, Monday through Friday and on Saturday between 0900 to 1200 noon (provided it is not a federal holiday, or a holiday listed on the elevator tariff). If the NOR is filed after business hours, the NOR 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 control of the contractor, the Government will pay to the contractor a premium based on the actual (noncumulative) number of days by which the delivery period is exceeded through the date the vessel presents the notice of readiness 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.

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

4A52.211-91 Compensation for Delays in Delivery (February 2025)

(a) If a Contractor determines that it will not be able to deliver the commodity by the Not- Later-Than (NLT) delivery date, the Contractor shall notify the Contracting Officer immediately. If the reason for not meeting the NLT delivery date is beyond the control or negligence of the Contractor (see 52.249-8 Default [Fixed-Price Supply and Service]), the contractor is required to submit a request for extension of the delivery date at least 3 working days before the scheduled NLT delivery date. Failure to submit a request for an extension will result in liquidated damages being assessed. See clause 52.211-11, of the Master Solicitation. No extension will be granted due to weekends or Federal holidays.

The request for extension shall be submitted containing 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, MSCP-I 15

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

4) Any additional information requested by the contracting officer.

(b) If a Contractor delivered a product and the product is rejected, the Contractor shall deliver an acceptable replacement product prior to the end of the NLT delivery date and liquidated damages will not be assessed. However, if the replacement product will be delivered beyond 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.

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.

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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) (.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.

52.211-16 Variation in Quantity (Apr 1984)

(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:

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

4A52.214-90 Place of Performance (June 2021)

(a) For f.o.b. vessel bulk grain shipments place of performance shall:

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

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

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

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

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

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

4A52.214-91 Order of Precedence (June 2021) 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

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

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the terms and conditions of the contract. All 8(a) contractors must be on the Qualified Vendors List.

(End of clause)

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.

(End of clause)

4A52.225-70 U.S. Origin Product (June 2021)

(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. See 4A52.225-71 U.S. Origin of Agricultural Commodities – Waiver for Certain Ingredients below.

(b) 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 Master Solicitation—except for commingled products (see paragraph (c)). 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.

(c) 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 contract being awarded, and all unfulfilled contracts that the offeror entered into to provide such

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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.

(d) 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.

(e) 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.

(f) The Government has determined that the following commodities shall be 100 percent U.S.

origin and provided on an identity preserved basis:

• Dry beans, peas and lentils.

4A52.225-71 U.S. Origin of Agricultural Commodities - Waiver for Certain Ingredients (June 2021) The requirement for a commodity and/or a component ingredient to be entirely produced and/or processed in the United States (see Definitions, “Agricultural Commodity”) may be waived due to non- availability at fair and reasonable prices.

(a) Waived ingredients may be subject to the standard definition of the Buy American Act, which uses as two-part test to define a domestic end-product:

(1) The article must be manufactured in the United States; and

(2) The cost of domestic components must exceed 50 percent of the cost of all the components.

(i) The following ingredients are subject to the standard definition of the Buy

American Act:

[Reserved]

(b) Waived ingredients may be acquired as a foreign end product without regard to the restrictions of the Buy American Act. The following ingredients have been determined by the Head of Contracting Activity Designee as not available in the U.S. at fair and reasonable prices and are waived from all Buy American Act and domestic origin restrictions:

Waived Ingredients Nutrient Fortificant Form no nutrient listed Butylated hydroxy anisole no nutrient listed Butylated hydroxy toluene Biotin Biotin 1% Iodine Potassium Iodide Iron Iron-Sodium EDTA Pantothenic acid Calcium D-Pantothenate Selenium Sodium Selenite (1.5%) Vitamin A Retinol Palmitate Vitamin B1 Thiamine mononitrate Vitamin B12 Vitamin B12 0.1% or 1% Spray Dried

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Vitamin B2 Vitamin B2 fine powder Vitamin B2 Riboflavin Vitamin B3 (Niacin) Nicotinic Acid Vitamin B6 Pyridoxine hydrochloride Vitamin B9 Folic Acid Vitamin C Ascorbic acid Vitamin K1 Dry Vitamin K1 5% Water

Dispersible/Phylloquinon 5%

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.

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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…