STATEMENT OF WORK Jonesboro.doc

Statement of Work To Assist the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service

Stuttgart, Arkansas, Field Office

In Providing Rice Inspection and Weighing Services

I.

INTRODUCTION

The U.S. Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA), facilitates the marketing of U.S. grain and related agricultural products through the establishment of standards for quality assessments, and regulation of handling practices. GIPSA’s Federal Grain Inspection Services (FGIS) administers the official rice inspection and weighing program under the authority of the Agricultural Marketing Act of 1946 (AMA), as amended.

The AMA authorizes the Secretary of Agriculture to contract with private firms, institutions, and individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting with private firms, institutions, and individuals to grade, sample, or weigh bulk and bagged rice when requested by FGIS to help respond to unpredictable workloads.

II. SCOPE OF WORK

When requested by FGIS, the contractor must provide Federal rice inspection services under the authority of the AMA in the geographical area serviced by the FGIS Stuttgart, Arkansas, Field Office (F/O). These areas may include rice facilities in the following areas:

· Jonesboro, Arkansas;

· Crawfordsville, Arkansas;

· Waldenburg, Arkansas;

The rice inspection services that the F/O may assign to the contractor include but are not limited to, the following services (Reference § 868.1(b) (23) of the regulations):

a. Plant Approval (Sanitation) Service.

Determining whether a plant/mill is processing and/or packaging commodities under sanitary conditions. (Reference: FGIS Sanitation Handbook)

b. Sampling Service.

Drawing a sample from a rice lot using FGIS-approved methods to obtain representative samples for analysis to determine quality based on grade, official factors, or official criteria or any combination of these according to the regulations, Official U.S. Standards, and instructions. (Reference: FGIS Rice Inspection Handbook)

c. Lot (Quality) Inspection.

Obtaining a representative sample(s) of an identifiable rice lot, examine and test the sample to determine quality based on grade, official factors, or official criteria or any combination of these according to the regulations, Official U.S. Standards, and instructions. (Reference: FGIS Rice Inspection Handbook) d.

Condition of Food Container Inspection.

Examining the containers for condition, construction, sealing, and markings using U.S. Standards for Condition of Food Containers. (Reference: Agricultural Marketing Service, Part 42--Standards for Condition of Food Containers) e.

Checkweighing.

Weighing a selected number of containers from a rice lot, determining the estimated total gross, tare, and net weight, or the estimated average gross or net weight per filled container. (Reference: Chapter 4, FGIS Weighing Handbook) f.

Bulk Weighing.

Monitoring the loading and weighing of rice lots by facility weighing personnel to determine the quantity of the rice lots inspected. (Reference: Chapters 1 and 2, FGIS Weighing Handbook) g.

Carrier Stowage Examination.

Visually determine if a carrier or container is clean; dry; free of infestation, rodents, toxic substances, and foreign odor; and suitable to store or carry rice. (Reference: Directive FGIS 9180.48)

h. Checkloading.

Performing a stowage examination on a carrier, computing the number of filled containers loaded aboard the carrier, observing the condition of containers loaded aboard the carrier, and sealing the loaded carrier, if practicable. (Reference: Directive FGIS 9180.50)

i. Observation of Loading.

Determining that an identified lot has been moved from a warehouse or carrier and loaded into another warehouse or carrier. (Reference: Directive FGIS 9180.50)

j. Submitted Sample Inspection.

Examining or testing a rice sample submitted by an applicant for inspection.

(Reference: FGIS Rice Inspection Handbook)

k. Witness of Fumigation

Verifying the application of a fumigant to a specified cargo.

III. APPLICABLE DOCUMENTS

The contractor must perform all rice inspection and weighing related services in accordance with the AMA (7 U.S.C. 71 et seq.), regulations (7 CFR Part 868), Rice Inspection Handbook, instructions, methods, and policies and procedures. (Reference: http://www.gipsa.usda.gov/GIPSA/webapp?area=home&subject=lr&topic=landing)

IV.

RESPONSIBILITIES

a.

Private Firm Contractor:

The Private Firm is responsible for providing rice inspection and related services covered by this agreement. This includes determining staffing needs, and assigning personnel to inspection activities. The contractor is responsible for providing qualified personnel to assist FGIS, when requested to provide rice inspection and weighing related services in Stuttgart, Jonesboro, Crawfordsville, Waldenburg, and McGeehee, Arkansas, and Greenville Mississippi in accordance with the AMA, regulations, U.S. Standards for Rice, instructions, policies and procedures established under the authority of the AMA.

The Private Firm must:

1.

Not have a conflict of interest (as specified in 7 CFR §868.80). This includes the contractor and any officer, director, stockholder, employee, or other related entity. The Private Firm must advise FGIS immediately of any proposed change in name, ownership, officers or directors, or control of the contractor and, if a trust, any change affecting the trust agreement.

2. Employ sufficient qualified personnel that meet the physical condition requirements in the Sanitation Inspection Handbook to provide official services at the time scheduled by the Federal Agency or within two hours after receiving non-scheduled request for personnel from the Federal Agency.

3.

Provide transportation for its employees to and from point(s) of service. Pay the salaries and other compensations to all personnel assigned to perform official rice inspection and weighing services and other special services.

4.

Use only employees licensed by FGIS to perform official rice inspection services. Train and assist employees in acquiring and maintaining the necessary skills to perform official service and maintain records of training. Keep FGIS informed of the employment status of each of its licensed employees and any change in the licensee’s duties.

5. Ensure employees have readily available, during working hours, a valid FGIS issued license to perform assigned services and that they abide by the plant’s or mill’s safety and sanitation regulations.

6.

Provide laboratory and office space, equipment, forms, supplies, telephone services, and technical and clerical personnel needed by the Private Firm for performing inspection services under this agreement.

7.

Follow the U.S. Standards, regulations, and approved official procedures for performing rice inspection, sampling, and other related services.

8. Use only approved equipment for performing official rice inspection and related services. Checktest equipment according to the test schedule and instructions outlined in the FGIS’s Equipment Handbook.

9. Report immediately any apparent violation of the AMA, Part 868 regulations, and instruction to the field office according to FGIS Directive 9070.6, Reporting Violation of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946, as amended.

10.

Deliver or mail reports, samples, and other required documents to locations and within the time frame specified by the F/O. Complete and sign required reports and inspection forms. Keep an accurate record of the time inspections begin and finish.

11.

Participate in check sample surveys, if applicable. Complete check sample surveys and return the information to the originating office within 1 week of receipt of the samples.

12.

Participate in the Quality Assurance Program, if applicable, as directed by the F/O and as set forth in the GIPSA Quality Handbook. Assign a collateral duty Agency Quality Assurance Specialist to provide primary quality control for the Private Firm.

13. Bill FGIS for requested labor to assist in performing rice inspection and related services by preparing billing invoices for hourly services performed against the contract, and submit them to the F/O for payment.

14. Provide FGIS written notice at least 90 days before the expiration of the contract period whether or not to extend the duration of this contract. The contract is in effect for 1 year with FGIS’ option to extend the duration, but not to exceed 4 years.

b.

Individual Contractors Not Affiliated with a Firm The Contractor is responsible for providing rice inspection and related services to assist FGIS, when requested, in facilities in one or more of the following locations: Stuttgart, Jonesboro, Crawfordsville, Waldenburg, and McGeehee, Arkansas, or Greenville Mississippi in accordance with the AMA, regulations, U.S. Standards for Rice, instructions, and policies and procedures established under the authority of the AMA.

Individual Contractors Must:

1. Not have a conflict of interest (as specified in 7 CFR §868.80). Contractor must not have interest, financial or otherwise, direct or indirect, in merchandising, handling, storing, or processing commodities of the kind to be sampled or related products.

2. Meet the physical condition requirements in the Sanitation Inspection Handbook.

3. Provide own transportation to and from point(s) of service.

4. Have readily available during working hours a valid license to perform assigned service, and abide by the plant’s or mill’s safety and sanitation regulations.

5. Follow the U.S. Standards, regulations, and approved official procedures and approved equipment to perform rice inspection, sampling, and other related services.

6. Deliver or mail reports, samples, and other required documents to locations and within the time frame specified by the F/O. Complete and sign required reports and inspection forms. Keep an accurate record of the time inspections begin and finish.

7. Participate in check sample surveys, if applicable. Complete check sample surveys and return the information to the originating office within 1 week of receipt of the samples.

8. Participate in the Quality Assurance Program, if applicable, as directed by the F/O and as set forth in the GIPSA Quality Handbook.

9. Bill FGIS for requested labor to assist in performing rice inspection and related services by preparing billing invoices for hourly services performed against the contract and submit them to the F/O for payment.

10. Report immediately any apparent violation of the AMA, Part 868 regulations, and instruction to the field office according to FGIS Directive 9070.6, Reporting Violation of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946.

11. Provide FGIS written notice at least 90 days before the expiration of the contract period whether or not to extend the duration of this contract. The contract is in effect for 1 year with FGIS’ option to extend the duration, but not to exceed 4 years.

c.

FGIS Stuttgart FO

GIPSA’s, FGIS, Field Management Division personnel are responsible for interpreting standards and specifications; determining appropriate inspection methods and techniques; and developing inspection guidelines, instructions, handbooks, and training aids.

FGIS will:

1.

License Contractor determined by FGIS as qualified to perform official rice inspection and related services. Test potential licensees to determine their skills and abilities. Conduct triennial renewals of licensed individuals. Issue licenses, in accordance with 7 CFR Part 868 Regulations as supplemented by FGIS-issued instructions and maintaining the licensing database.

2.

Provide the Contractor with the U.S. Standards for Rice; pertinent regulations, instructions, directives and notices; sampling, inspection and weighing procedures and equipment; containers and tags for mailing samples; security containers; FGIS Directive 9070.6, Reporting Violations of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946; official forms including Form FGIS-110, Bribery Card.

3. Monitor the performance of Contractor in the application of sampling methods and techniques; inspection procedures and results; and performing other services.

4.

Report to the Contracting Officer, if the Contractor is found to be in violation of the AMA and regulations. FGIS will suspend or revoke any license according to applicable regulations when it deems such action to be for the good of USDA/GIPSA.

5.

Pay the contractor for assisting in performing rice inspection and related services.

6.

Designate service testing laboratories which the contractor may send commodity samples for chemical, physical, and microbiological analysis or inspections.

7.

Give Contractor the location and time of service requests.

8.

Spot check Contractor(s performance to ensure that it is according to contract specifications. The method and frequency of spot checking will be determined by the F/O and will depend on various factors including the contractor’s performance history, service point workload, distance, and budget constraints.

9.

Ensure that the Contractor understands: inspection methods and techniques; how to use handbooks, instructions, sampling plans, forms, and any equipment involved in performing required services; the necessity and procedures for sample, equipment, and inspection data security; that samples must be mailed to the appropriate laboratory in a timely manner; and that they are not employees of the Federal Government and therefore, are not covered by such benefits as health, retirement, vacation, social security, unemployment compensation, workman(s compensation, etc.

V.

BASES FOR PAYMENT

a.

Contractual services are based on the hourly rate with a guaranteed 2-hour minimum payment per call out.

b.

The hourly rate is uniform for all services covered by the contract, whether services are performed singly or combined.

c.

The service hours begin when the contractor arrives at the service location, but not before the call out time, and end when they leave the service location, less any mealtime (unless travel is outside a 20 mile radius from the service point).

d.

There is no special hourly rate for overtime, night differential or holidays. The government mileage rate is paid from Greenville, Crawfordsville, Stuttgart and Jonesboro as appropriate, and travel time is paid from those same locations when travel is more than 20 miles. Also travel time is paid for delivering samples to designated points from the four sites mentioned above.

e.

Payment for partial service hours is based on one-fourth of the hourly rate for each quarter hour worked.

f.

The number of hours requested to work is not guaranteed; that is, the hours might be less than the amount shown in the purchase order.

g. Form FGIS-992, (Services Performed Report,( must be completed and sent to the F/O each time called to a service location to perform a service. If, upon arrival, there was no work (including standby time), the service location call out and departure times and the phrase (2-hour minimum( must be shown in the (Comments of Sampler( block. If there was less than 2 hours of work performed (including standby time), the service location departure time and the phrase (2-hour minimum( must be shown in the block.

VI.

PUBLIC RELATIONS

It is essential for all employees of the Contractor, and their subcontractors, to display a positive image of USDA/GIPSA by ensuring that their employees maintain favorable relations with the grain loading facility and associated staff. Personnel must be courteous in their dealings with facility management. All personnel working for the Contractor must carry identification at all times documenting employment by the Contractor. Work must be performed with due care, taking precautions against damage to property and interference with vehicular or pedestrian traffic. The Contractor must protect against damage to all USDA/GIPSA, commodity loading facility, and associated property.

VII.

QUALITY ASSURANCE

A.

The government will evaluate the Contractor's performance under this contract. Nonperformance or substandard task performance will be documented when it occurs.

B.

The Government will monitor quality control procedures under this contract. The Contractor will submit a quality control plan before the contract start date. The plan must include methods to be used for identifying and preventing defects in the quality of service performed and records to be kept to document corrective or preventive actions taken. The contractor must make appropriate modifications and obtain acceptance of the plan by the contracting officer before the contract start date.

VIII.

CONTRACTOR LIABILITY

The Contractor is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, from work performed by the contractor’s employees and subcontractors while under contract with USDA/GIPSA. The Contractor must immediately notify FGIS and the Contracting Officer, of any damages, losses, or injuries occurring during the performance of any contract with USDA.

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