Effective Date: March 1, 2017

Qualification Requirements

for Prospective Contractors Selling Commodities 

to the USDA Agricultural Marketing Service

I. Introduction

The USDA’s Agricultural Marketing Service (AMS), Commodity Procurement Staff (CPS), 

procures U.S. origin agricultural commodities and products (USDA Foods) for use in 

domestic food distribution programs. USDA Foods procured are delivered to schools, 

food banks, and Indian Reservations, and at times are used in disaster relief. These 

procurements also support American agriculture by encouraging domestic consumption 

when prices are advantageous.

These qualification requirements, as authorized under the Federal Acquisition Regulation 

(FAR), Subpart 9.2, Qualifications Requirements, are necessary for AMS to carry out its 

mission. A prospective contractor must be determined to be qualified by the Contracting Officer 

prior to submitting offers for AMS solicitations.

An interested prospective contractor may submit a qualification package at any time. Small 

businesses determined not to meet this qualification requirement, i.e., determined 

nonresponsible, will be referred to the Small Business Administration (SBA) for possible 

issuance of a Certificate of Competency (COC), in accordance with FAR subpart 19.6.

Prospective contractors shall complete and provide all materials requested herein. The 

Contracting Officer will review the package, determine if a prospective contractor is qualified, 

and add approved vendors to the Qualified Bidders List (QBL). A prospective contractor will be 

notified whether requirements have been satisfied and when the qualification package has been 

approved. Offers will not be accepted from a prospective contractor that has failed to comply 

with these requirements. Access to the Web-Based Supply Chain Management (WBSCM) 

system for submission of offers shall be granted only to Qualified Bidders after the qualification 

process has been completed and approved by the Contracting Officer.

Procurement information, including the AMS Master Solicitation for Commodity Procurements, 

commodity specifications, procurement schedules, information on WBSCM, current solicitations, 

and historical contract award information, is located on the AMS website at: 

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

II. QualificationRequirements

The following are required of each prospective contractor to complete the qualification 

requirements process:

A. AdministrativeRequirements
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1. System for Award Management(SAM).

In accordance with FAR Part 4.1102, prospective contractors shall be 

registered in System for Award Management website. The contractor is 

responsible for the accuracy and completeness of the data within the SAM 

database, and for any liability resulting from the Government’s reliance on 

inaccurate or incomplete data. To remain active in SAM, after the initial 

registration, the contractor is required to review and update their company 

information on an annual basis, from the date of initial registration or 

subsequent updates. Annually, companies need to assure that all 

information in the SAM database is current, accurate and complete. The 

SAM website is located at: https://www.sam.gov/portal/public/SAM/. There 

is no fee to register in SAM.

2. FDA, Food Facility Registration Number.

In accordance with the Food Safety Modernization Act of 2011 (FSMA), 

domestic facilities that manufacture, process, pack, or hold food for human or 

animal consumption in the United States are required to register with the 

FDA and renew such registrations. If applicable, provide your FDA food 

facility registration number. FDA guidance is available at: 

http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/ucm2

006831.htm

3. SBA Certifications(if applicable).

Submit a copy of the applicable SBA certificate if the firm is a certified 8(a), 

HUBZone, etc.

4. Veteran’s Administration (VA) Certification (if applicable).

If required by the contracting officer, submit a copy of the applicable 

certification as a Service-Disabled Veteran-Owned Small Business 

(SDVOSB).

5. Web-Based Supply Chain Management (WBSCM) Registration Form. 

USDA-AMS commodity procurements are conducted electronically through 

WBSCM computer system. Prospective contractor’s must complete the 

WBSCM Vendor Registration Form available at: 

https://www.ams.usda.gov/resources/wscm-vendor-registration-form

B. Responsible Prospective Contractor’s Documentation (FAR 9.104-1 and 9.104-3)

1. Prospective contractors shall provide a written capabilities statement on 

company letterhead with a signature, providing the firm’s exact legal name, 

and include the following:

• A description of historical business experiences including the number 

of years it has sold these or similar products in the commercial 

marketplace or to governmental entities.

• A list of products that it is interested in providing (a copy of the 

WBSCM vendor registration form may be used).

• Any additional pertinent information regarding a prospective 

contractor’s capabilities, such as, but not limited to, news articles, 

company websites, brochures, etc., and evidence of a satisfactory 

record of integrity and business ethics, and verification that it is 

otherwise qualified and eligible to receive an award under 

applicable laws andregulations.
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2. Three reference letters from customers that demonstrate the prospective 

contractor is responsible. These letters must be from the customer, on 

company letterhead and signed by the customer’s representative.

3. For Non-manufacturersonly.

To demonstrate its capability to supply the products it wishes to bid on, nonmanufacturers must provide a copy of the written agreement in effect 

between itself and an approved supplier. The agreement must be on 

company letterhead and must be signed by both parties. If the nonmanufacturer has to change its supplier, a new written agreement between 

itself and the new supplier must be submitted for approval. Nonmanufacturers must also submit a complaint and dispute resolution proposal

which details how the non-manufacturer will resolve any potential complaints or 

hindrances that may arise.

If a non-manufacturer represents itself as a small business concern, it must 

comply with 13 CFR 121.406(b):

(b) Non-manufacturers. (1) A firm may qualify as a small business concern for a 

requirement to provide manufactured products or other supply items as a nonmanufacturer if it:

(i) Does not exceed 500employees;

(ii) Is primarily engaged in the retail or wholesale trade and normally 

sells the type of item being supplied;

(iii) Takes ownership or possession of the item(s) with its personnel, 

equipment or facilitiesin a manner consistent with industry practice; 

and

(iv) Will supply the end item of a small business manufacturer, processor or 

producer made in the United States, or obtains a waiver of such requirement 

pursuant to paragraph (b)(5) of this section.

C. Financial Responsibility (FAR 9.104-1(a) and9.104-3(a))

A prospective contractor shall demonstrate that it has adequate financial resources to 

perform the contract, or the ability to obtain them, including the availability of necessary 

working capital and satisfactory credit.

The prospective contractor must provide its most current, complete comparative 

financial statement. The financial statement must be prepared in accordance with 

Generally Accepted Accounting Principles (GAAP) and be audited or reviewed by an 

independent certified public accountant in accordance with standards established by 

the American Institute of Certified Public Accountants. At a minimum, the statement 

should include a balance sheet, profit and loss statement, statement of cash flows, 

statement of retained earnings and any notes to the financial statement. For 

partnerships, the last fiscal year end or current financial statement of the partnership 

and the personal financial statement of each partner will be required. For individuals, 

financial statements that include all of his/her personal and business assets and 

liabilities will be required.

Annual review of Financial Responsibility:

Approved vendors added to AMS’ Qualified Bidders List(s) that wish to remain on that 

list, and otherwise continue to meet qualification requirements, will be requested to 

submit an updated financial statement to AMS-CPS within 120 days of its fiscal year 

close to demonstrate current financial responsibility.
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Failure to submit the required financial information may result in a non-responsibility 

determination and/or removal from the QBL.

D. Food Safety and Sanitation Requirements.

1. Food DefenseRequirements

All qualified contractors and subcontractors must have a documented and 

operational food defense plan that provides for the security of a plant’s production 

processes and includes the storage and transportation of pre-production raw 

materials, other ingredients and post-production finished products. The plan shall 

address the following areas, where applicable: (1) food defense plan management;

(2) outside and inside security of the production and storage facilities;

(3) slaughter and processing, including all raw material sources; (4) controlled 

access to production and storage areas; (5) storage; (6) water and ice supply; (7) 

mail handling; (8) personnel security; and (9) transportation, shipping, and receiving 

(includes the sealing of any transport conveyance for truck lot and less-than-truck lot 

quantities of finished product).

The food defense plan must be audited by an AMS representative. Any 

nonconformance identified must be addressed in writing to both the Contracting 

Officer and Auditor. Contact the appropriate AMS Audit and Accreditation Program 

for information on food defense audit services. Contacts for each commodity area 

are found below and are also available on the AMS website at 

https://www.ams.usda.gov/services/auditing/apply.

Fruits, Vegetables & Specialty Crops

To apply for fruit and vegetable auditing services, contact the SCI division, Audit 

Services Branch at:

Telephone: (202) 720-5021

Fax: (202) 260-8927

Email: FVAudits@ams.usda.gov

Livestock, Poultry and Seed

To apply for Auditing Services, complete the Application for Service - LPS-109

form. View our Quality Systems Verification Programs Regulation. The completed 

LPS Form 109 must be sent to the Quality Assessment Division along with the cover 

letter requesting service and a complete copy of the client's program documentation. 

These documents can be sent via email to QAD.BusinessOps@ams.usda.gov or to 

the address below.

USDA, AMS, LPS, QAD

Business Operations Branch 

10809 Executive Center Drive 

Suite 318

Little Rock, AR 72211 

Phone: (501) 312-2962

Fax: (501) 312-2968

Email: QAD.BusinessOps@ams.usda.gov

Dairy Plant Survey Program: For information on the Dairy Plant Survey Program, 

please visit this AMS website: https://www.ams.usda.gov/services/auditing/dairy-plantsurvey-program
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For meat, fish, poultry, and egg products, reference the Food Safety and Inspection 

Service (FSIS) “Security Guidelines for Food Processors” at the following website: 

http://www.fsis.usda.gov/OA/topics/SecurityGuide.pdf. Information for the 

transportation and distribution of meat, poultry, and egg products is found at the 

following website http://www.fsis.usda.gov/oa/topics/transportguide.htm.

For fruits, vegetables, shell eggs, and other food products regulated by the Food and 

Drug Administration (FDA), reference FDA’s “Food Producers, Processors, and 

Transporters: Food Security Preventive Measures Guidance” dated October, 2007 at 

the following website: 

http://www.fda.gov/Food/FoodDefense/FoodSecurity/default.htm.

For dairy, grain, and oilseed products see quality assurance requirements in 

commodity requirements documents at the following website: 

https://www.ams.usda.gov/selling-food/product-specs.

2. Pre-Award Plant Surveys

After receiving the qualification information, a pre-award plant survey or capability 

assessment will be conducted to verify that a prospective contractor meets AMS 

qualification requirements. The pre-award survey/assessment will be conducted by 

the applicable USDA area, e.g., AMS Program Areas—Specialty Crop, Poultry, 

Livestock and Seed, Dairy or USDA’s Federal Grain Inspection Service (FGIS)—to 

evaluate technical, production, and transportation capabilities, and quality 

assurance and production control procedures of the contractor.

Specific pre-award plant survey/assessment requirements are referenced in the 

Supplement and/or Commodity Specification(s) applicable to the commodities the 

prospective contractor is interested in supplying. These documents can be found 

on the Commodity Purchasing website at 

www.ams.usda.gov/commoditypurchasing. For more information, contact the 

Commodity Procurement Staff at 202-720-4517.

E. Submitting a Vendor Qualification Package

A prospective contractor is encouraged to submit the qualification package as soon as 

possible to allow ample time for the processes and approval, and subsequent WBSCM 

registration prior to the closing date of the targeted solicitation. A checklist (Exhibit 1) is 

provided to assist the applicant with submission of a complete package.

Submit the qualification packages to:

Ms. Andrea Lang

Small Business Coordinator

Email address: andrea.lang@ams.usda.gov.

Telephone No.: 202-720-4237
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NOTICE

Except as provided in FAR Part 24.2 (the “Freedom of Information Act”), qualification 

information, including the pre-award survey reports, accumulated for purposes of 

determining the responsibility of a prospective contractor, shall not be released or 

disclosed outside the government. All information provided will be kept confidential to 

the extent permitted by law.

Under penalty of perjury, each qualification package must be submitted and signed by 

an individual who has the legal authority to contractually bind a prospective contractor 

on whose behalf that information package is submitted. If any information provided by 

a prospective contractor becomes inaccurate, a prospective contractor must 

immediately notify the Contracting Officer and provide updated and accurate 

information in writing. AMS reserves the right to waive minor irregularities and 

omissions in the information obtained in the qualification package submitted.
EXHIBIT 1

QUALIFICATION REQUIREMENTS August 2018

Print the following checklist and submit along with the completed qualification package.

Questions regarding qualifications and approval should be directed to Ms. Andrea Lang at 202-720- 

4237 orNewVendor@ams.usda.gov

• System for Award Management (SAM) www.sam.gov

• Business Status. As indicated in SAM, business status is one of the following:

o Large Business

o Small Business

o Small DisadvantagedBusiness

o Women-Owned Business

o Veteran-Owned Business

o Service-Disabled Veteran-Owned Small Business

o HUBZone Business

o 8(a) Small Business DevelopmentConcern

• Completed WBSCM Vendor Registration Form

• Company Letter- certifying capability to perform

• Three (3) Letters of Reference from customers your company 

sold the same or similar products to

• Business Type. Check one:  Manufacturer  Non-manufacturer

• Check one or more as applicable.  Grower  Grower/Packer/Shipper

 Processor  Distributor/Wholesaler Broker

• Non-manufacturer. The following requirements apply:

o Letter from manufacturer/supplier certifying its willingness to provide

product that meets the USDA commodity specifications

O Complaint and Dispute Resolution Proposal

• Most Recent Audited Financial Statements

Please note that in order to be added to our Qualified Bidders List and eligible to begin bidding on 

products, you must complete the necessary inspections and be set up in the Web Based Supply Chain 

Management System.