Fresh Apples and Pears for use in Domestic Food Assistance Programs

This is a combined synopsis/solicitation for commercial products or commercial services
prepared in accordance with part 5.101(d). This announcement constitutes the only solicitation.
Offers are being requested and a separate written solicitation will not be issued.
Solicitation number 12-3J14-27-B-0003 is issued as a invitation for bid (IFB) for Fresh Apples and Pears for use in Domestic Food Assistance Programs.
This acquisition is set-aside for small business concerns. This solicitation incorporates
provisions and clauses by reference. The full text of provisions and clauses may be accessed
electronically at www.acquisition.gov.
NOTICE FOR FILING AGENCY PROTESTS
United States Department of Agriculture (USDA) Ombudsman Program
The United States Department of Agriculture (USDA) is committed to fair, transparent, and efficient
acquisitions. Interested parties with concerns about this solicitation are encouraged to seek
resolution through the following USDA procedures.
Tier 1: Contracting Officer Concern Resolution
Submission: Interested parties with concerns about either the solicitation or subsequent award
should first submit their concern directly to the Contracting Officer, providing sufficient detail to
allow the Contracting Officer to understand and assess the issue.
Process: The Contracting Officer will review the concern, seek clarification as needed, and engage
with the interested party to attempt prompt resolution.
Review Timeline: The Contracting Officer will make every effort to provide a response or resolution
within 10 business days of receiving the concern.
Effect on Award or Performance: Tier 1 engagement is not considered an official notification of
filing an agency protest and does not pause solicitation deadlines, delay award decisions, or
suspend contract performance.
Next Steps: If the matter cannot be resolved at Tier 1, the interested party may file a written agency
protest under Tier 2.
USDA encourages all parties to seek resolution with the Contracting Officer before filing an agency
protest.
Tier 2: Agency Protest
If concerns cannot be resolved at Tier 1, an interested party may file a written agency protest with
either the Contracting Officer or the USDA Independent Review Authority. The decision by the
USDA Independent Review Authority is an alternative to a decision by the Contracting Officer. The
USDA Independent Review Authority will not consider an appeal of the Contracting Officer’s
decision on an agency protest.
The protest must state whether the protester elects review by the Contracting Officer, by the UDSA
Independent Review Authority. If no election is stated, the Contracting Officer will decide the
protest.

Required Information: Protests shall include the information set forth in FAR 33.104-4
(a)(3). Failure to submit the required information may result in a delay or dismissal of the protest.
Submission: Agency protests should be submitted electronically to SPE.inquiry@usda.gov and the
Contracting Officer.
Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.
Effect on Award or Performance: Contract awards or performance will be suspended during the
protest period unless justified in writing for urgent and compelling reasons or determined to be in
the best interest of the Government.
Review Timeline: USDA strives to resolve agency-level protests within 35 business days of receipt.
Election of Forum: By filing a protest with USDA, the protesters agree not to file a protest on the
same matter with the Government Accountability Office (GAO) or any other external forum while
the agency protest is pending. If such a protest is filed externally, the USDA agency protest will be
dismissed.
Questions: Questions regarding this notice or protest procedures should be directed to the
Contracting Officer identified in this solicitation.