Bidding Expectations & Waiver Requests

Chyra Lewis

Contract Specialist

Ham, Bison, Pollock, Salmon, Walleye, Groundfish, & 

Pacific Seafood Products

Livestock, Poultry & Fish Procurement Branch

chyra.lewis@ams.usda.gov
Notice to Contractors: Expectations for Current 

and Future Contracts

• There have been ongoing 

COVID-19 pandemic challenges 

and we have attempted to be 

flexible

• Special consideration may be 

given if there is a clearly 

documented COVID related 

event or outbreak in a 

contractors’ place of 

performance

• “General” COVID justifications 

will no longer be an accepted 

excusable delay for late 

deliveries.

Deputy Administrator Dave Tuckwiller 

August 21, 2020
Notice to Contractors: Expectations for Current 

and Future Contracts continued

• Schools “new normal” may 

increase requests for diversions 

to other warehouses

• Ensure delivery appointments 

are made in advance and any 

variances to contractual 

requirements are communicated 

to your Contract Specialist 

• Advanced Shipment Notice (ASN) 

are required to be entered in 

WBSCM on or before the date of 

shipment
Bid ONLY on What You Expect to Deliver

We expect contractors to take the current environment into account when 

submitting bids and encourage all bidders to only bid on volumes they can 

reasonably expect to deliver. 

• Why guesstimating can be problematic

• True Story Vendor Example

• How to properly forecast your offers

• Master Solicitation & Reminders 
When to Request a Waiver

We know the unexpected happens thus there are a variety of reasons a 

vendor needs to request a waiver 

• Excusable Delays

– See AMS Master Solicitation (f) Excusable delays – 52.212-4 Addendum 

– https://www.ams.usda.gov/sites/default/files/media/MSCP.pdf

• 2020 COVID-19 Letter

– https://content.govdelivery.com/attachments/USDAAMS/2020/08/21/file_att

achments/1523698/Vendorletter8.21_508.pdf

• Waiver Requests & Templates

– https://www.ams.usda.gov/selling-food/wbscm
Waiver Request Templates

Waiver templates are suggested samples when submitting a request. 

Vendors may copy or cut & paste the language and /or table into their own 

company letterhead.

• Not-Later-Than (NLT) Date Waiver Request

• Short Shipment Waiver Request

• Processing & Supplier Plant / Shipping Point Waiver Request

• Commodity Specification Requirement Waiver Request
Not-Later-Than (NLT) Date Waiver Request
2-Day Requirement for NLT Extension Requests

• First and foremost: Tell us if a shipment will be late!

• Submit NLT date extension requests within 2 days of missed delivery 

due (only submit if circumstances are excusable delays)

• If the new NLT delivery dates are unknown, still send the Specialist an 

email request with “TBD” listed as the delivery date

– The TBD late notice will be shared with FNS until you provide 

submit a formal & complete extension request 

• DO NOT invoice until the contract has been modified to reflect the new 

NLT date
Short Shipment Waiver Request
Processing & Supplier Plant / Shipping Point 

Waiver Request
Commodity Specification Requirement Waiver 

Request
Any Questions?

All questions about waivers, delays, templates, etc. shall be placed in the Chat 

Box and our team will respond accordingly during and/ or after the 

presentations. See links below to 

• Waiver Requests

• https://www.ams.usda.gov/sites/default/files/media/PostAw

ard-WaiverRequest.pdf

• Waiver WORD Templates are located within the “Post Award 

Process” section per link below

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