Master Solicitation for Commodity 

Procurement - Updates
Master Solicitation for Commodity 

Procurement - Updates

Nick Skarzynski

Contract Specialist

Dairy, Grain and Oilseeds Branch
Summary of Changes

Type Number Title

Contract Clause 52.212.4

Addenda to 52.212-4 (a) Inspection/Acceptance, 52.212-4 

Addendum

Contract Clause 52.212-5

Contract Terms and Conditions Required to Implement Statutes or 

Executive Orders-Commercial Products and Commercial Services. 

Contract Clause 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

Contract Clause 4A52.232-80 Electronic Invoicing

Contract Clause 52.244-6 Subcontracts for Commercial Products and Commercial Services

Contract Clause 4A52.247-82 Bill of Lading Notations

Contract Clause 4A52.247-83 Seals on Transportation Conveyances

Solicitation 

Provision 52.212-1

Instructions to Offerors-Commercial Products and Commercial 

Services

Solicitation 

Provision 52.212-1

Addenda to 52.212-1(b) Submission of Offers-Addendum to 52.212-

1
What

• Government reserves the right to reject, in total or in part, manufacturers lots, sub-lots, 

production dates or the like when non-conforming product is identified

Where

• Addendum to Contract Clause 52.212-4, Contract Terms and Conditions-Commercial 

Products and Commercial Services

Why

• To ensure the provision of high-quality food items and ensure compliance with Federal 

and USDA purchasing regulations

52.212-4 Addendum - Overview
(a) Inspection/Acceptance – 52.212-4 Addendum. 

(1) Inspection. The Government reserves the right to perform quality assurance at 

source; source includes, but is not limited to, contractor’s manufacturing facility, 

packaging facility, warehouse, in-house laboratory, subcontractor’s facilities, etc. 

(2) Acceptance. Formal acceptance shall occur when the Government approves the 

invoice for payment. However, the Government reserves the right to reject, in total or in 

part, manufacturers lots, sub-lots, production dates or the like when non-conforming 

product is identified.

(Addenda to 52.212-4, (a) Inspection/Acceptance, 52.212-4 Addendum)

52.212-4 Addendum - Details
What

• Reorganized and reformatted information for readability and updated revision dates

Where

• Contract Clause 52.212-5, Contract Terms and Conditions Required To Implement 

Statutes or Executive Orders-Commercial Products and Commercial Services

Why

• To improve accuracy and readability

52.212-5 - Overview
(5) 52.232-40, Providing Accelerated Payment to Small Business Subcontractors 

(Mar 2023) (31 U.S.C. 3903.

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(D. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive 

Orders-Commercial Products and Commercial Services)

Sample change only, others present

52.212-5 - Details
What

• Specifies that prime will make payments to small business subcontractors without further 

consideration from or fees charged to the subcontractor within 15 days after receipt. Minor 

date revision on citations.

Where

• Contract Clause 52.232-40, Providing Accelerated Payments to Small Business 

Subcontractors

Why

• To ensure compliance with 31 US.C. 3903 and 31 U.S.C. 3801 and USDA regulations 

52.232-40 - Overview
(a) (1) In accordance with 31 US.C. 3903 and 31 U.S.C. 3801, within 15 days after receipt 

of accelerated payments from the Government, the Contractor shall make accelerated 

payments to its small business subcontractors under this contract, to the maximum extent 

practicable and prior to when such payment is otherwise required under the applicable 

contract or subcontract, after receipt of a proper invoice and all other required 

documentation from the small business subcontractor.

 (2) The Contractor agrees to make such payments to its small business subcontractors 

without any further consideration from or fees charged to the subcontractor.

(52.232-40, (a) (1) and (2))

52.232-40 - Details
What

• Administrative change to correct clause citation

Where

• Contract Clause 4A52.232-80, Electronic Invoicing

Why

• To ensure accuracy and avoid confusion

4A52.232-80 - Overview
Electronic invoicing is authorized and required for this contract as referenced in 52.212-4(g).

(1) ASN as invoice (if ASN is required). Contractor’s advance shipment notice 

(ASN), entered in WBSCM in accordance with 4A52.211-80, 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.

ASN is not required on service contracts or some supplies.

(4A52.232-80, (1))

4A52.232-80 - Details
What

• Minor date revision on citations.

Where

• Contract Clause 52.244-6, Subcontracts for Commercial Products and Commercial 

Services

Why

• To ensure accuracy and avoid confusion

52.244-6 - Overview
(xix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 

(Mar 2023) , if flow down is required in accordance with paragraph (c) of FAR clause 

52.232-40.

(52.244-6, (c)(1)(xix))

52.244-6 - Details
What

• Replace reference to “Barrier-Type” seals with “Tamper-Evident.” Minor date revision on 

citations.

Where

• Contract Clause 4A52.247-82, Bill of Lading Notations

Why

• To update policy with respect to the change in seal requirements

4A52.247-82 - Overview
9. Serial Number(s) of Tamper Evident Seals Applied 

(4A52.247-82, (9))

4A52.247-82 - Details
What

• Update reference to high security seals to add option for traceable, tamper-evident 

commercial seals.

Where

• Contract Clause 4A52.247-83, Seals on Transportation Conveyances

Why

• To align with current industry standard practices and reduce barriers to vendor 

participation in USDA food purchase programs.

4A52.247-83 - Overview
(b) Seals must meet the American Society for Testing and Materials (ASTM) Standard, (F1157-04, and/or the International Organization for Standards (ISO) 17712-2013. Effective 

July 1, 2023, contractors will be required to use traceable, tamper-evident commercial seals 

(ex. flat metal, wire, plastic, etc) or high security seals (high security bolt, barrier-type, or 

equivalent device which can only be removed by bolt cutter type tools). Seals shall be 

sequentially numbered. The contractor or its agent shall provide a sufficient number of 

traceable tamper-evident seals to ensure security of the load while in route through final 

destination.

(Suppliers of commodities, products and/or services shall be responsible for placing seal(s) 

on all doors of each transportation conveyance upon completion of loading or servicing 

(multi-stop)).

(4A52.247-82, (b))

4A52.247-83 - Details
What

• Update applicable employee levels on NAICS code to add option for 150 employees for IT 

value-added resellers. Minor date revision on citations.

Where

• Solicitation Provision 52.212-1, Instructions to Offerors-Commercial Products and 

Commercial Services

Why

• To ensure compliance with Federal, SBA and USDA regulations 

52.212-1 - Overview
(a) North American Industry Classification System (NAICS) code and small 

business size standard. The NAICS code(s) and small business size standard(s) for this 

acquisition appear elsewhere in the solicitation. However, the small business size standard 

for a concern that submits an offer, other than on a construction or service acquisition, but 

proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 

employees, or 150 employees for information technology value-added resellers under 

NAICS code 541519.

(52.212-1, (a))

52.212-1 - Details
What

• Administrative revision to correct citations.

Where

• Addenda to 52.212-1(b) Submission of Offers-Addendum to 52.212-1

Why

• To ensure accuracy and avoid confusion

52.212-1 Addendum - Overview
(b) Submission of offers. – Addendum to 52.212-1

See 4A52.214-70 Electronic Submission of Bids.

(Addenda to 52.212-1(b))

52.212-1 Addendum - Details
Process Updates

• New Seal Requirement 

July 1, 2023, contractors were no longer required to use high security seals – may use 

traceable, tamper-evident commercial seals (ex. flat metal, wire, plastic, etc) or high 

security seals can still be used

• Removed Costly Financial Requirements 

Audited or reviewed financial statements, Performance Bonds (PB ), Irrevocable Letters of 

Credit (ILC) are no longer required to demonstrate financial responsibility. The 

Contractor Responsibility Assessment (CRA) is now used. The CRA is issued by 

FedDataCheck.net using data pulled from SAM.gov. The CRA is at no cost to the 

contractor or the government
Conveyance Sealing – What Type

Seal must be traceable, 

tamper-evident 

commercial seals or high 

security seals

Must meet either:

• ISO 17712:2013

• ASTM F-1157-04

High Security Seals Commercial Seals
Conveyance Sealing

Where to Apply Seal(s) to be applied on 

all cargo doors of each 

transportation 

conveyance

Vendor is responsible to 

provide sufficient 

number of seals to 

support shipment
Questions?