USDA, Agricultural Marketing Service

Commodity Procurement Program

1400 Independence Ave., SW, Room 3522-S, STOP 0239

Washington, DC 20250-0239

An Equal Opportunity Provider and Employer

AMS Master Solicitation for 

Commodity Procurements

– International Programs (MSCP-I)

for International Food Assistance Program Purchases

Effective: August 2, 2019
AMS Master Solicitation for Commodity Procurements – International Programs (MSCP-I) 

for International Food Assistance Program Purchases

Effective Date: August 2, 2019

GENERAL INFORMATION ..................................................................................................6

II. CONTRACT CLAUSES ............................................................................................................7

52.202-1 Definitions (Nov 2013).............................................................................................7

4A52.202-1 Additional Definitions Applicable to this Solicitation (Jul 2019) .......................7

52.203-3 Gratuities (Apr 1984)................................................................................................8

52.203-5 Covenant against Contingent Fees (May 2014)........................................................8

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)........................8

52.203-7 Anti-Kickback Procedures (May 2014)....................................................................8

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 

2014).........................................................................................................................................9

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) ..................9

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) ....9

52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015)................................9

52.203-14 Display of Hotline Poster(s) (Oct 2015).................................................................9

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of 

Whistleblower Rights (Apr 2014)..........................................................................................10

52.204-4 Printed or Copied Double-Sided or Postconsumer FiberContent Paper (May 2011)10

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

................................................................................................................................................10

52.209-1 Qualification Requirements (Feb 1995)..................................................................12

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, 

Suspended, or Proposed for Debarment (Oct 2015) ..............................................................13

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

................................................................................................................................................13

4A52.211-1 Delivery Instructions..........................................................................................14

4A52.211-2 Compensation for Delays in Delivery/Time is of the Essence ..........................14

4A52.211-3 Regulatory Requirements for Commodities and Packaging..............................14

52.211-5 Material Requirements (Aug 2000).........................................................................15

52.211-11 Liquidated Damages- Supplies, Services, or Research and Development (Sep 2000)

................................................................................................................................................15

4A52.211-11 Carrying Charges .............................................................................................17
52.211-16 Variation in Quantity (Apr 1984) .........................................................................17

452.211-74 Period of Performance (Feb 1988)......................................................................17

4A52.214-14 Place of Performance (Aug 2019)....................................................................17

(End of clause) .......................................................................................................................18

52.214-26 Audit and Records—Sealed Bidding (Oct 2010)..................................................18

52.214-27 Price Reduction for Defective Cost or Pricing Data-Modifications-Sealed Bidding (Aug 

2011).......................................................................................................................................18

52.214-28 Subcontractor Cost or Pricing Data—Modifications—Sealed Bidding (Oct 2010)18

4A52.214-29 Order of Precedence.........................................................................................18

4A52.219-1 The 8(a) Program ...............................................................................................19

4A52.219-2 The HUBZone Program.....................................................................................19

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011).......................19

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) ..........................................21

52.219-7 Notice of Partial Small Business Set-Aside (Jun 2003)..........................................21

52.219-8 Utilization of Small Business Concerns (Oct 2018)...............................................21

52.219-9 Small Business Subcontracting Plan (Aug 2018) Alternate 1 ................................21

52.219-14 Limitations on Subcontracting (Jan 2017)............................................................21

52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999)..........................................22

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

................................................................................................................................................22

52.219-30 – Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business 

Concerns Eligible Under the Women-Owned Small Business Program. (Dec 2015) ...........23

52.222-1 Notice to the Government of Labor Disputes (Feb 1997) ......................................24

52.222-3 Convict Labor (Jun 2003) (Applicable for contracts exceeding $3,000.)...............24

52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation (May 2018)

................................................................................................................................................24

52.222-21 Prohibition of Segregated Facilities (April 2015).................................................25

52.222-26 Equal Opportunity (Sep 2016)..............................................................................25

52.222-35 Equal Opportunity for Veterans (Oct 2015) .........................................................25

52.222-36 – Equal Opportunity for Workers With Disabilities. (Jul 2014)...........................25

52.222-37 Employment Reports on Veterans (Feb 2016)......................................................25

52.222-40 Notification of Employee Rights under the National Labor Relations Act. (Dec 2010)

................................................................................................................................................26

52.222-54 Employment Eligibility Verification (Oct 2015)..................................................26

52.223-6 Drug-Free Workplace (May 2001) .........................................................................26

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

................................................................................................................................................26
4A52.225-2 U.S. Origin of Agricultural Commodities - Waiver for CertainIngredients......27

52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2014)...........28

52.225-5 Trade Agreements (Aug 2018) ...............................................................................28

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008).........................................28

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (May 2014)..........28

52.228-2 Additional Bond Security (Oct 1997).....................................................................28

52.228-11 Pledge of Assets (Aug 2018) ................................................................................28

52.228-14 Irrevocable Letter of Credit (Nov 2014)...............................................................28

52.229-3 Federal, State, and Local Taxes (Feb 2013) ...........................................................28

52.232-1 Payments (Apr 1984)..............................................................................................28

4A52.232-1 Contractor Expenses ..........................................................................................28

4A52.232-3 Electronic Invoicing...........................................................................................28

52.232-11 Extras (Apr 1984) .................................................................................................32

52.232-17 Interest (May 2014)...............................................................................................32

52.232-23 Assignment of Claims (May 2014).......................................................................32

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

................................................................................................................................................32

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) ..................................32

52.232-40 Providing Accelerated Payments to Small Businesses Subcontractors (Dec 2013)33

52.233-1 Disputes (May 2014)...............................................................................................33

52.233-3 Protest after Award (Aug 1996)..............................................................................33

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004).....................................33

52.242-13 Bankruptcy (Jul 1995)...........................................................................................33

52.242-15 Stop-Work Order (Aug 1989)...............................................................................33

52.242-17 Government Delay of Work (Apr 1984)...............................................................33

52.243-1 Changes-Fixed Price (Aug 1987)............................................................................33

52.244-6 Subcontracts for Commercial Items (Jan 2019)....................................................33

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) ...................................................33

52.246-11 Higher-Level Contract Quality Requirement (Dec 2014) ....................................34

52.246-16 Responsibility for Supplies (Apr 1984)................................................................35

4A52.246-17 Risk of Loss (Aug 2019).................................................................................35

4A52.246-18 Acceptance .......................................................................................................36

52.247-34 F.o.b. Destination (Nov 1991) ..............................................................................36

4A52.247-37 Miscellaneous Contract Requirements for F.o.b. Vessel Delivery...................36

52.247-58 Loading, Blocking, and Bracing of Freight Car Shipments (Apr 1984)...............37
452.247-70 Delivery Location (Feb 1988).............................................................................37

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

................................................................................................................................................37

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012).........37

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) ...........................................37

52.252-2 Clauses Incorporated by Reference (Feb 1998)......................................................37

52.252-4 Alterations in Contract (Apr 1984).........................................................................37

52.253-1 Computer Generated Forms (Jan 1991)..................................................................37

Solicitation Provisions............................................................................................................38

452.204-70 Inquiries (Feb 1988)............................................................................................38

52.204-8 Annual Representations and Certifications (Oct 2019) ..........................................38

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)...................................41

52.209-7 Information Regarding Responsibility Matters (Oct 2018)....................................43

4A52.214-1 Electronic Submission of Bids /Submission of Bids .........................................44

52.214-3 Amendments to Invitations for Bid (Dec 2016) .....................................................45

52.214-4 False Statements in Bids (April 1984)....................................................................45

52.214-5 Submission of Bids (Dec 2016)..............................................................................45

52.214-10 Contract Award—Sealed Bidding (July 1990)/ Evaluation of Bids.....................46

52.214-12 Preparation of Bids (Apr 1984).............................................................................46

452.214-15 Period of Acceptance of Bids .............................................................................47

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990) ...........................................47

52.214-31 Facsimile Bids (Dec 1989)....................................................................................47

52.214-34 Submission of Offers in the English Language (Apr 1991) .................................48

52.214-35 Submission of Offers in U.S. Currency (Apr 1991) .............................................48

452.219-70 Size Standard and NAICS Code Information .....................................................48

52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation (Feb 1999) ........49

52.225-4 Buy America Act- Free Trade Agreements-Israeli Trade Act Certificate (May 2014)

................................................................................................................................................49

52.225-6 Trade Agreements Certificate (May 2014).............................................................50

52.225-25 Prohibitions on Contracting with Entities Engaging in Certain Activities or Transactions 

Relating to Iran - Representation and Certifications (Aug 2018) ..........................................51

452.228-70 Alternative Forms of Security (Nov 1996).........................................................52

52.232-15 Progress Payments Not Included (Apr 1984) .......................................................52

52.233-2 Service of Protest (Sep 2006) .................................................................................52

52.252-1 Solicitation Provisions Incorporated by Reference (Feb1998)...............................53
6

AMS Master Solicitation for Commodity Procurements

for International Food Assistance Programs

GENERAL INFORMATION

This solicitation, called the Master Solicitation for Commodity Procurements – International Programs 

(MSCP-I or “Master Solicitation”), is used by the U.S. Department of Agriculture (USDA), Agricultural 

Marketing Service (AMS), Commodity Procurement Program (CPP) for the solicitation of bids and award 

of contracts for various commodities used in U.S. Government international food assistance programs, 

such as Food for Peace, Food for Progress, and the McGovern-Dole Food for Education programs. 

CPP will periodically issue invitations for bids (IFB), available for viewing on the Web Based Supply 

Chain Management (WBSCM) public procurement page, and through the Federal Business 

Opportunities (FBO) website. Bidding and contract related actions, such as viewing WBSCM Purchase 

Orders (i.e., contracts) and shipping instructions, providing Advance Shipping Notices (ASN), and 

receipting of goods are performed in WBSCM.

The Master Solicitation will be updated as necessary to incorporate changes in the Federal Acquisition 

Regulation (FAR), Agricultural Acquisition Regulations (AGAR), and AMS policies and procedures. 

Bidders should not assume that a copy of the MSCP-I, once downloaded for a particular IFB will be 

applicable for subsequent IFBs. The effective date at the top of the Master Solicitation document will 

govern which version of MSCP-I is applicable to a particular IFB. Changes to the MSCP-I will be 

bolded in each version. Prior versions of the MSCP-I will be archived and available on the AMS 

website.

Awards will be made following the principles in the FAR and AGAR. The IFB will specify the 

commodity; delivery periods; destinations; quantities; the closing time for receipt of bids; acceptance 

date, and any solicitation provisions and contract clauses applicable to the proposed procurement which 

are in addition to, or different from, those contained in the Master Solicitation. The full texts of the 

applicable FAR provisions and clauses incorporated into the contract can be found at 

https://www.acquisition.gov/far/index.html.

Commodities purchased by AMS must be a product of the United States (see clause 4A52.225-1, U.S. 

Origin Product). Specifications and program requirements are further defined in the appropriate 

commodity specification and/or supplement and are incorporated herein.

Offerors are advised to carefully read this Master Solicitation, the applicable IFB, and the applicable 

commodity requirements document to understand the invitation, evaluation, and award process for CPP 

commodity acquisitions for international food assistance programs. Failure to do so will be at the 

offeror’s risk. These documents are incorporated into the contract. Offerors are cautioned that statements 

made by Government personnel other than the Contracting Officer are not binding on the Government 

unless confirmed in writing by the Contracting Officer.

To be eligible to submit a bid, a company must be approved by the Contracting Officer as meeting 

vendor qualification requirements. For information regarding how to become a qualified bidder, visit the 

vendor qualification webpage, or contact the Contracting Officer.

This version of the Master Solicitation incorporates
7

FAR provisions and clauses in effect through FAC 2019-03.

II. CONTRACT CLAUSES

52.202-1 Definitions (Nov 2013)

4A52.202-1 Additional Definitions Applicable to this Solicitation (Jul 2019)

(a) “Agricultural commodity”means commodities and the products of agricultural commodities 

produced in the United States. A product shall not be considered to be produced in the United 

States if it contains any ingredient that is not produced in the United States, if that ingredient is:

1. Produced in the United States; and

2. Commercially available in the United States at fair and reasonable prices 

from domestic sources.

(Authority 7 U.SC. 1732(2), 1736o-1(a), and AGAR 470.103)

(b) “Commingled product” means grains, oilseeds, rice, pulses, other similar commodities and the 

products of such commodities, when such commodity or product is normally stored on a 

commingled basis in such a manner that the commodity or product produced in the United 

States cannot be readily distinguished from a commodity or product not produced in the 

United States.

(c) “Commodity Credit Corporation (CCC)” means a wholly-owned government corporation 

within the U.S. Department of Agriculture(USDA).

(d) “Free alongside ship (f.a.s.) (f.a.s. named port of shipment)” means a term of sale which 

means the seller fulfills its obligation to deliver when the goods have been placed 

alongside the vessel on the quay or in lighters at the named port of shipment. The supplier 

is responsible for all costs including but not limited to tollage, wharfage, and handling. The 

buyer bears all costs and risks of loss of or damage to the goods from that point.

(e) “FGIS” means Federal Grain Inspection Service of the USDA which provides inspection, 

weighing, and related services on grains, pulses, oilseeds, and processed and graded

commodities.

(f) “F.o.b. vessel” means: for dry bulk cargoes, delivered free of expense to the Government 

loaded, unstowed and untrimmed, on board the designated conveyance at the USDAapproved port facility specified in the contract; and for liquid bulk cargoes, delivered free of 

expense to the Government on board the ocean vessel provided by USDA at the named port 

of shipment specified in the contract.

(g) “Grain Acquisition Report and Invoice for Related Charges,” Form KC-228 means a form 

that is issued by a warehouse operator to CCC in lieu of or in addition to a warehouse

receipt.

(h) “Intermodal plant” means delivered free of expense to the Governmentloaded on board the 

carrier-supplied conveyance at the originpoint.
8

(i) “Intermodal bridge” means delivered free of expense to the Government delivered in 

transportation conveyance obtained by the vendor to locations where steamship lines have 

established and published intermodal rates from a U.S. point to a U.S. port and a foreign

destination.

(j) “Instore” means within a USDA-approvedwarehouse.

(k) “Lowest-landed cost,” means the lowest combined cost of commodity and ocean freight to 

deliver a commodity to an overseas destination while adhering to cargo preference statutes 

andregulations.

(l) “Packaging and containers” includes any substance intended for use asa component of 

materials used in manufacturing, packing, transporting or holding food if such use is not 

intended to have a technical effect in such food. 

(m) “Plant” is defined as the prime or sub-contractor’s facility where an agricultural commodity, or 

commodity-related item, is manufactured or processed from raw materials into a finished product, 

assembled from components, or packaged. An offeror’s plant location, cited in an offer, must 

contain at least one of the industrial or manufacturing processes listed above. A local site which 

accommodates finished product while awaiting analytical test results, staging for shipment 

consolidation, or loading into shipping containers/trucks/railcars is considered a supplementary 

extension of the prime or sub-contractor’s plant facility.

(n) “WBSCM Purchase Order” or “WBSCM PO” means a contract that is accessible in the WBSCM 

System. “Contract” is as defined by FAR, i.e., a mutually binding legal relationship obligating the 

seller to furnish the supplies or services (including construction) and the buyer to pay for them. See 

FAR 2.101 for the full definition.

(o) “World Trade Organization Government Procurement Agreement (WTO GPA) country” means 

any of the following countries: Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, 

Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, 

Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, 

Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, 

Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, 

Switzerland, Taiwan, Ukraine, or United Kingdom.

52.203-3 Gratuities (Apr 1984) 

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.203-5 Covenant against Contingent Fees (May 2014)

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) 

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.203-7 Anti-Kickback Procedures (May 2014) 
9

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 

2014) 

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015)

[Applicable for contracts with values expected to exceed $5.5 million, and with a Performance period of 

120 days or more.]

52.203-14 Display of Hotline Poster(s) (Oct 2015)

[Applicable for non-commercial item contracts performed within the United States if the contract 

value is expected to exceed $5.5 million.]

(b) Definition.

 “United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying 

areas.

(c) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display 

in common work areas within business segments performing work under this contract and 

at contractwork sites—

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud 

hotline poster identified in paragraph (b)(3) of this clause; and

(2) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

Additionally, if the Contractor maintains a company website as a method of providing 

information to employees, the Contractorshall display an electronic version of the 

poster(s) at thewebsite.

(3) Any required posters may be obtained asfollows:

Poster (s) 

USDA Hotline, “Report Violations of Laws and Regulations Relating to USDA Programs”

Obtain from

USDA Office of Inspector General www.usda.gov/oig/hotline.htm 

Toll Free Number: (800) 424-9121

(d) If the Contractor has implemented a business ethics and conduct awareness program, including a 

reporting mechanism, such as ahotline poster, then the Contractor need not display any agency 

fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS

posters.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph 

(d), in all subcontracts that exceed $5,000,000, except when the subcontract—

(1) Is for the acquisition of a commercial item; or
10

(2) Is performed entirely outside the UnitedStates. 

(End of clause)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of 

Whistleblower Rights (Apr 2014)

52.204-4 Printed or Copied Double-Sided or Postconsumer FiberContent Paper (May 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

[Applicable to all solicitations and contracts of $30,000 or more.]

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of 

acquiring supplies or services (including construction) for performance of a prime contract. It does not 

include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials 

or supplies that would benefit multiple contracts and/or the costs of which are normally applied to a 

Contractor’s general and administrative expenses or indirect cost.

“Month of award” means the month in which a contract is signed by the Contracting Officer or the 

month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the 

Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 

229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount 

recognized for financial statement reporting purposes with respect to the fiscal year in 

accordance with the Financial Accounting Standards Board’s Accounting Standards 

Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, 

health, hospitalization or medical reimbursement plans that do not discriminate in favor of 

executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial 

pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, 

termination payments, value of life insurance paid on behalf of the employee, perquisites or 

property) for the executive exceeds $10,000. 

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 

No. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 

2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The 

law requires all reported information be made public, therefore, the Contractor is responsible for 

notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause required the disclosure of classified information. 

(d) (1) Executive compensation of the prime contractor. As a part of its annual registration 

requirement in the System for Award Management (SAM) (FAR provision 52.204-7), the 

Contractor shall report the names and total compensation of each of the five most highly 

compensated executives for its preceding completed fiscal year, if—
11

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and 

subcontracts), loans, grants (and subgrants), cooperative agreements, and other 

forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and 

subcontracts), loans, grants (and subgrants), cooperative agreements, and other 

forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the 

executives through periodic reports filed under section 13(a) or 15(d) of the 

Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 

of the Internal Revenue Code of 1986. (To determine if the public has access 

to the compensation information, see the U.S. Security and Exchange 

Commission total compensation filings at 

http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as 

provided in paragraph (g) of this clause, by the end of the month following the month of 

award of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report 

the following information at http://www.fsrs.gov for that first tier subcontract. (The 

Contractor shall follow the instruction at http://www.fsrs.gov to report the data.)

(i) Unique entity identifier for the subcontractor receiving the award and for the 

subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided 

under the subcontract, including the overall purpose and expected outcomes or results of 

the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country. 

Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, 

and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the 

Contracting Officer, by the end of the month following the month of award of a first-tier 

subcontract with a value of $30,000 or more, and annually thereafter (calculated from the prime 

contract award date), the Contractor shall report the names and total compensation of each of the 

five most highly compensated executives for that first-tier subcontractor for the first-tier 

subcontractor’s preceding completed fiscal year at https://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and 

subcontracts), loans, grants (and subgrants), cooperative agreements, and other 

forms of Federal financial assistance; and
12

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and 

subcontracts), loans, grants (and subgrants), cooperative agreements and other 

forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the 

executives through periodic reports filed under section 13(a) or 15(d) of the Securities 

Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal 

Revenue Code of 1986. (To determine if the public has access to the compensation 

information, see the U.S. Security and Exchange Commission total compensation filings 

at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than 

$30,000 to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph 

(d) when the subcontract is awarded. Continued reporting on the same subcontract is not required 

unless one of the reported data elements changes during the performance of the subcontract. The 

Contractor is not required to make further reports after the first-tier subcontract expires.

(g) (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, 

the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, 

the Contractor does not need to report awards for that subcontractor

The FSRS database at http://www.fsrs.gov will be prepopulated with some information from 

SAM and the FPDS database. If FPDS information is incorrect, the contractor should notify the 

contracting officer. If the SAM information is incorrect, the contractor is responsible for 

correcting this information.

(End of clause)

52.209-1 Qualification Requirements (Feb 1995)

(a) Definition. “Qualification requirement,” as used in this clause, means a Government requirement 

for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. 

For those supplies or services requiring qualification, whether the covered product or service is 

an end item under this contract or simply a component of an end item, the product, manufacturer, 

or source must have demonstrated that it meets the standards prescribed for qualification before 

award of this contract. The product, manufacturer, or source must be qualified at the time of 

award whether or not the name of the product, manufacturer, or source is actually included on a 

qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should 

contact the agency activity designated below to obtain all requirements that they or their products 

or services, or their subcontractors or their products or services, must satisfy to become qualified 

and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for 

qualification.

New Vendor/Small Business Coordinator

USDA, AMS Commodity Procurement Program

NewVendor@ams.usda.gov

Linda Steigerwald, 816-926-6168
13

(c) Even though a product or service subject to a qualification requirement is not itself an end item 

under this contract, the product, manufacturer, or source must nevertheless be qualified at the 

time of award of this contract. This is necessary whether the Contractor or a subcontractor will 

ultimately provide the product or service in question. If, after award, the Contracting Officer 

discovers that an applicable qualification requirement was not in fact met at the time of award, 

the Contracting Officer may either terminate this contract for default or allow performance to 

continue if adequate consideration is offered and the action is determined to be otherwise in the 

Government’s best interests.

(d) If an offeror, manufacturer, source, product or service has met the qualification requirement but 

is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the 

offeror must submit evidence of qualification prior to award of this contract. Unless determined 

to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror 

to submit evidence of qualification.

(e) Any change in location or ownership of the plant where a previously qualified product or service 

was manufactured or performed requires reevaluation of the qualification. Similarly, any change 

in location or ownership of a previously qualified manufacturer or source requires reevaluation of 

the qualification. The reevaluation must be accomplished before the date of award.

(End of Clause)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, 

Suspended, or Proposed for Debarment (Oct 2015)

[Applicable for contracts exceeding $35,000.]

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity 

Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by 

posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all 

information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will 

be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post 

information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the 

Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is 

automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the 

Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the 

Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who 

posted the information, that some of the information posted to the non-public segment of FAPIIS 

is covered by a disclosure exemption under the Freedom of Information Act, the Government 
14

official who posted the information must within 7 calendar days remove the posting from FAPIIS 

and resolve the issue in accordance with agency Freedom of Information procedures, prior to 

reposting the releasable information. The contractor must cite 52.209-9 and request removal 

within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has 

been posted by the Government. The comments will be retained as long as the associated 

information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part 

of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after 

April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under 

Freedom of Information Act procedures, including, where appropriate, procedures promulgated 

under E.O. 12600.

(End of clause)

4A52.211-1 Delivery Instructions

The Government shall issue to the contractor electronic purchase orders (contracts) in WBSCM. 

Notification of the issuance of documents in WBSCM will be sent via email. The contractor shall be 

responsible for ensuring that it is capable of receiving email communications during the course of the 

contract. The contractor shall ensure that it has an accurate email address on file with the Government. 

The Government will not be responsible for any failure of contractor receipt of electronic information 

attributable to inoperable receiver equipment and/or software. The Government reserves the right, at its 

option, to issue Purchase Order by other means such as, but not limited to, facsimile transmission or 

regular mail.

(End of clause)

4A52.211-2 Compensation for Delays in Delivery/Time is of the Essence

(a) If a Contractor determines that it will not be able to deliver the commodity by the Not-Later-Than 

(NLT) delivery date, the Contractor shall notify the Contracting Officer immediately. If the 

reason for not meeting the NLT delivery date is beyond the control or negligence of the 

Contractor, the Contractor is required to submit a waiver request within 2 working days after the 

scheduled NLT delivery date. (Sample waiver requests are available online.) Failure to submit a 

waiver request within the time specified will result in liquidated damages being assessed. Waiver 

requests submitted after the time specified will not be accepted. See clause 52.211-11, of the 

Master Solicitation. 

(b) If a Contractor delivered a product and the product is rejected, the Contractor shall deliver an 

acceptable replacement product prior to the end of the NLT delivery date and liquidated damages 

will not be assessed. However, if the replacement product will be delivered beyond the NLT delivery 

date, liquidated damages will be assessed.

(c) When deliveries are made by contract carrier or vendor’s own vehicle, the date shown on the 

signed commercial bill of lading will be considered the date of delivery.

(End of clause)

4A52.211-3 Regulatory Requirements for Commodities and Packaging

(a) The commodity shall conform to the applicable provisions of the "Federal Food, Drug, and 

Cosmetic Act" (21 U.S.C. 301 et. seq.), as amended, and the relevant regulations, including 
15

applicable Food Safety Modernization Act regulations (FSMA), and sections in the Public 

Health Security and Bioterrorism Preparedness and Response Act of 2002 (the 

Bioterrorism Act). The contractor shall comply with all applicable Federal, State and local laws, 

executive orders, rules and regulations related to its performance under this contract.

(b) All containers and packaging materials shall be constructed to meet the requirements of the Food 

and Drug Administration for safe contact with the packaged product. In addition, all containers 

and packaging materials shall be constructed to comply with the sum concentration levels of lead, 

cadmium, mercury, and hexavalent chromium addressed by the Coalition of Northeast Governors 

(CONEG) model legislation. The sum of the concentration levels of lead, cadmium, mercury, 

and/or hexavalent chromium present in any package or packaging component shall not exceed 

100 parts per million. Concentration levels shall be determined using American Standard of 

Testing Materials test methods, as revised, or U.S. Environmental Protection Agency test 

methods for evaluating solid waste, S-W 846, as revised.

(End of clause)

52.211-5 Material Requirements (Aug 2000)

52.211-11 Liquidated Damages- Supplies, Services, or Research and Development (Sep 2000)

NOTE: Liquidated damages are based upon delivery periods for f.o.b.

destination contracts and f.a.s. vessel contracts for bags only, but based on shipping 

periods for all others.

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in 

this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated 

damages of $ (see table below) per calendar day of delay, not to exceed 45 days ofdelay.

Commodity Liquidated Damages USDA Commodity 

Requirement Rate

Per Net 

Weight
16

All Purpose Wheat Flour/Bread Flour

Bagged Grain 

Bulgur Wheat/Soy - Fortified Bulgur 

Canned Salmon

Corn Oil 

Cornmeal

Corn-Soy Blend Plus 

Dehydrated Potato Products 

Dried Dairy Ingredients

Dry Edible Beans

Fortified Poultry-Based Spread 

High Energy Biscuits

Milled Rice/Fortified Milled Rice (bagged)

Peas & Lentils

Ready-To-Use Supplementary Food 

Ready-To-Use Therapeutic Food

Soy-Fortified Cornmeal

Sunflower Seed Oil 

Super Cereal Plus

Value Added Soy Products 

Vegetable Oil

Wheat Soy Blend 

(WFBF)

(KCBG)

(BWSF)

(CPS)

(CO)

(CM)

(CSBP)

(DPP)

(DDI)

(DEB)

(FPBS)

(HEB)

(MR)

(PL)

(RUSF)

(RUTF)

(SFCM)

(SFSO)

(SCP)

(VASP)

(VO)

(WSB)

$ 0.11 Cwt/day

Nonfortified Nonfat Dry Milk-Export (DME) (.45) Cwt/day

Bags (KCP BAGS) $25.00 1,000

bags/day

(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price 

Supply and Service clause, the Contractor is liable for liquidated damages accruing until the 

Government reasonably obtains shipment/ delivery or performance of similar supplies or 

services. These liquidated damages are in addition to excess costs of repurchase under the 

Termination clause.
17

(c) The Contractor will not be charged with liquidated damages when the delayin delivery or 

performance is beyond the control and without the fault or negligence of the Contractor as 

defined in the Default—Fixed- Price Supply and Service clause in this contract.

4A52.211-11 Carrying Charges

(a) For f.o.b. vessel contracts only (excludes bulk oils and tallow), if the Government fails to 

take delivery by the end of the delivery period for reasons beyond the control of the 

contractor, the Government will pay carrying charges, on gross metric tons (net metric tons 

for wheat and sorghum), at the rate of 18 cents per metric ton per day beginning on the day 

following the end of the delivery period and continuing through the date the vessel presents 

the notice of readiness. For the purpose of carrying charges, a vessel must have passed all 

required inspections and be ready to receive grain in the compartments required for loading 

and a valid Notice of Readiness (NOR) must be presented during normal business hours of 

0900 to 1600 local time, Monday through Friday and on Saturday between 0900 to 1200 

noon (provided it is not a holiday). If the NOR is filed after business hours, the NOR will be 

considered presented on the next business day.

(b) For f.o.b. vessel contracts for bulk oil, and tallow, if the Government fails to take delivery 

by the end of the delivery period for reasons beyond the control of the contractor, the 

Government will pay to the contractor a premium based on the actual (noncumlative) 

number of days by whichthe delivery period is exceeded through the date the vessel 

presents the notice of readiness asfollows:

1) If exceeded by 1, 2, 3, or 4 days, 1⁄2 of 1 percent of the f.o.b.price;

2) If exceeded by 5 or 6 days, 1 percent of the f.o.b.price;

3) If exceeded by 7 or 8 days, 1 1⁄2 percent of the f.o.b. price;

4) If exceeded by more than 8 days, an additional premium of 1⁄4 of1 percent of the f.o.b. 

price for each day beyond 8days.

(c) If the f.o.b. vessel contract contains multiple prices, the premium shall be calculated on the 

weighted average of the contract prices.

52.211-16 Variation in Quantity (Apr 1984)

(a) A variation in quantity of any item called for by this contract will not be accepted unless the 

variation has been caused by conditions of loading, shipping or packing, or allowances in 

manufacturing process, and then only to the extent, if any specified in paragraph (b) of this

clause.

(b) The permissible variation shall be limited to: 

Zero (0) percent increase

Zero (0) percent decrease.

452.211-74 Period of Performance (Feb 1988) 

The period of performanceof this contract is stipulated in the IFB.

4A52.214-14 Place of Performance (Aug 2019)
18

(a) For f.o.b. vessel bulk grain shipments place of performance shall:

(i) Be a federally or state licensed warehouse and be on CCC’s List of Authorized 

Warehouses or have a put through agreement or other means to assure timely delivery 

through an export elevator on CCC’s List of Approved Warehouses, with the ability 

to load ocean-going vessels and barges from a spout that is physically attached to the 

storage location.

(ii) Be a federally or state licensed warehouse and be on CCC’s List of Authorized 

Warehouses or have a put through agreement or other means to assure timely delivery 

through a dockside facility or a floating Mid- stream facility for exporting milled rice 

or soybean meal.

(iii) Have the ability to issue or cause to be issued export weight and grade certificates 

covering the exportation of the product at the location of the elevator. The certificates 

shall be acceptable to the FGIS.

(iv) Have approved loadout rates for tankers and tween-deckers.

(v) If loading is out of the Great Lakes, trans-shipment will be allowed providing the 

origin of the loading is out of the Great Lakes. The original Laker vessel shall be 

loaded at the federally or state licensed warehouse and trans-shipped to a larger oceangoing vessel most commonly in the St. Lawrence Seaway.

(b) For Instore bids, be on CCC’s List of Approved Warehouse or be recognized members of 

the grain industry and be otherwise able to furnish negotiable warehouse receipts or certified 

KC-228’s issued from the approved warehouse named in the bid.

(End of clause)

52.214-26 Audit and Records—Sealed Bidding (Oct 2010)

[Applicable for contracts exceeding $750,000.]

52.214-27 Price Reduction for Defective Cost or Pricing Data-Modifications-Sealed Bidding 

(Aug 2011)

[Applicable for contracts exceeding $750,000.]

52.214-28 Subcontractor Cost or Pricing Data—Modifications—Sealed Bidding (Oct 2010)

[Applicable for contracts exceeding $750,000.]

4A52.214-29 Order of Precedence

Any inconsistencies in the solicitation or contract shall be resolved by giving precedence in the 

following order:

(a) The Invitation for Bids 

(b) Solicitation provisions 

(c) Contract clauses

(d) USDA CommodityRequirements

(e) Other documents, exhibits, andattachments
19

4A52.219-1 The 8(a) Program

For the purposes of contracts made under the 8(a) Program, FAR 19.8, reference to “Contractor,” in 

all USDA contract or purchase order documents, means the 8(a) firm. In accordance with the 

Partnership Agreement as authorized under FAR 19.800(e), the Small Business Administration 

(SBA) has delegated responsibility to USDA for the administration of contracts or purchase orders 

awarded to 8(a) firms with complete authority to take any action on behalf of the Government under 

the terms and conditions of the contract. All 8(a) contractors must be on the Qualified Vendors 

List. 

(End of clause)

4A52.219-2 The HUBZone Program

(a) The Government will award contracts to eligible HUBZone small business concerns in

accordance with FAR Subpart 19.13, except for price evaluation preference mandated

by the provisions of 15 U.S.C. 657a and 15 U.S.C. 632(p)(5)(A)(i)(III)(cc). The 

HUBZone price evaluation preference shall be applied as follows:

(b) For agricultural commodities procured for international food aid programs, the price 

evaluation preference shall be 5% on the first portion of a contract to be awarded that is 

not greater than 20% of the total volume of each commodity being procured in a single 

invitation.

(c) In any case in which a contract is to be awarded on the basis of full and open 

competition, the price offered by a qualified HUBZone small business concern shall be

deemed as being lower than the price offered by another offeror (other than another

small business concern), if the price offered by the qualified HUBZone small business

concern is not more than 5 percent higher than the price offered by the otherwise

lowest, responsive, and responsible offeror. 

(d) In accordance with the provision of 13 CFR 125.6(d), in the case of a contract for the 

procurement by the Secretary of Agriculture of agricultural commodities, none of the

commodity being procured will be obtained by the prime contractor through a

subcontract for the purchase of the commodity in substantially the final form in which 

it is to be supplied to the Government.

(End of clause)

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011)

(a) Definition. See 13 CFR 125.6(e) for definitions of terms used in paragraph (c).

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to, 

HUBZone small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small 

business concerns; and

(3) Orders set-aside for HUBZone small business concerns under multiple-award contracts 

as described in 8.405-5 and 16.505(b)(2)(i)(F).
20

(c) General.

(1) Offers are solicited only from HUBZone small business concerns. Offers received from 

concerns that are not HUBZone small business concerns will not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business 

concern.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the 

contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract 

performance will be spent for employees of the concern or employees of other HUBZone 

small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 

percent of the cost of manufacturing, excluding the cost of materials, will be performed by 

the concern or other HUBZone small business concerns;

(3) General construction.

(i) At least 15 percent of the cost of contract performance to be incurred for 

personnel will be spent on the HUBZone prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for 

personnel will be spent on the HUBZone prime contractor’s employees or on a 

combination of the HUBZone prime contractor’s employees and employees of 

HUBZone small business concern subcontractors; and

(iii) No more than 50 percent of the cost of contract performance to be incurred for 

personnel will be subcontracted to concerns that are not HUBZone small business 

concerns; or 

(4) Construction by special trade contractors.

(i) At least 25 percent of the cost of contract performance to be incurred for 

personnel will be spent on the HUBZone prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for 

personnel will be spent on the HUBZone prime contractor’s employees or on a 

combination of the HUBZone prime contractor’s employees and employees of 

HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for 

personnel will be subcontracted to concerns that are not HUBZone small business 

concerns.

(e) A HUBZone joint venture agrees that, in the performance of the contract, the applicable 

percentage specified in paragraph (d) of this clause will be performed by the aggregate of 

the HUBZone small business participants.

(f) (1) When the total value of the contract exceed $25,000, a HUBZone small business concern 

nonmanufacturer agrees to furnish in performing this contract only end items manufactured 

or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small 

business concern nonmanufacturer may provide end items manufactured by other than a 

HUBZone small business concern manufacturer provided the end items are produced or 

manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction 

or service contracts.
21

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone 

awardee must be a HUBZone small business concern at the time of award of this contract. 

The HUBZone offeror shall provide the Contracting Officer a copy of the notice required 

by13 CFR 126.501 if material changes occur before contract award that could affect its 

HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone 

small business concern at the time of award of this contract, the Contracting Officer will 

proceed to award to the next otherwise successful HUBZone small business concern or 

other offeror.

(End of clause) 

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

[Applicable when the IFB stipulates the procurement is a partial small business set-aside.]

52.219-7 Notice of Partial Small Business Set-Aside (Jun 2003)

[Applicable when the IFB stipulates the procurement is a partial small business set-aside.]

52.219-8 Utilization of Small Business Concerns (Oct 2018)

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.219-9 Small Business Subcontracting Plan (Aug 2018) Alternate 1

[Applicable for contracts exceeding $700,000.]

52.219-14 Limitations on Subcontracting (Jan 2017) 

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) 

participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business 

concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as 

described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in 

performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance 

incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The 

concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, 

not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the 

contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent 

of the cost of the contract, not including the cost of materials, with its own employees.
22

(End of Clause)

52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(a) Definition. “Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled 

veterans or, in the case of any publicly owned business, not less than 51 percent of 

the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or 

more service-disabled veterans or, in the case of a service-disabled veteran with 

permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a 

disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for service-disabled veteran-owned small 

business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for service-disabled 

veteran-owned small business concerns; and

(3) Orders set aside for service-disabled veteran-owned small business concerns under 

multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. 

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. 

Offers received from concerns that are not service-disabled veteran-owned small business 

concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteranowned small business concern.

(d) Agreement. A service-disabled veteran-owned small business concern agrees that in the 

performance of the contract, in the case of a contract for--

(1) Services (except construction), at least 50 percent of the cost of personnel for contract 

performance will be spent for employees of the concern or employees of other servicedisabled veteran-owned small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 

percent of the cost of manufacturing, excluding the cost of materials, will be performed by 

the concern or other service-disabled veteran-owned small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred 

for personnel will be spent on the concern's employees or the employees of other servicedisabled veteran-owned small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract 

performance incurred for personnel will be spent on the concern's employees or the 

employees of other service-disabled veteran-owned small business concerns.

(e) A joint venture may be considered a service-disabled veteran owned small business concern 

if--
23

(1) At least one member of the joint venture is a service-disabled veteran-owned small 

business concern, and makes the following representations: That it is a service-disabled 

veteran-owned small business concern, and that it is a small business concern under the 

North American Industry Classification Systems (NAICS) code assigned to the 

procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code 

assigned to the procurement; and

(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates 

in 19.101 of the Federal Acquisition Regulation.

(4) The joint venture meets the requirements of 13 CFR 125.15(b)

(f) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet 

the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit 

under this program.

(End of Clause)

52.219-30 – Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business 

Concerns Eligible Under the Women-Owned Small Business Program. (Dec 2015)

(a) Definitions. “Women-owned small business (WOSB) concern eligible under the WOSB 

Program (in accordance with 13 CFR part 127),” means a small business concern that is at 

least 51 percent directly and unconditionally owned by, and the management and daily 

business operations of which are controlled by, one or more women who are citizens of the 

United States.

“WOSB Program Repository” means a secure, Web-based application that collects, stores, 

and disseminates documents to the contracting community and SBA, which verify the 

eligibility of a business concern for a contract to be awarded under the WOSB Program.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to, 

WOSB concerns eligible under the WOSB Program;

(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns 

eligible under the WOSB Program; and

(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multipleaward contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. 

(1) Offers are solicited only from WOSB concerns eligible under the WOSB Program. 

Offers received from concerns that are not WOSB concerns eligible under the WOSB 

program shall not be considered.

(2) Any award resulting from this solicitation will be made to a WOSB concern eligible 

under the WOSB Program.

(3) The Contracting Officer will ensure that the apparent successful offeror has provided the 

required documents to the WOSB Program Repository. The contract shall not be awarded 

until all required documents are received.
24

(d) Agreement. A WOSB concern eligible under the WOSB Program agrees that in the 

performance of the contract for--

(1) Services (except construction), the concern will perform at least 50 percent of the cost of 

the contract incurred for personnel with its own employees;

(2) Supplies or products (other than procurement from a non-manufacturer in such supplies 

or products), the concern will perform at least 50 percent of the cost of manufacturing the 

supplies or products (not including the costs of materials);

(3) General construction, the concern will perform at least 15 percent of the cost of the 

contract with its own employees (not including the costs of materials); and

(4) Construction by special trade contractors, the concern will perform at least 25 percent of 

the cost of the contract with its own employees (not including cost of materials).

(e) Joint Venture. A joint venture may be considered a WOSB concern eligible under the 

WOSB Program if--

(1) It meets the applicable size standard corresponding to the NAICS code assigned to the 

contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);

(2) The WOSB participant of the joint venture is designated in the System for Award 

Management as a WOSB concern eligible under the WOSB Program;

(3) The parties to the joint venture have entered into a written joint venture agreement that 

contains provisions--

(i) Setting forth the purpose of the joint venture;

(ii) Designating a WOSB concern eligible under the WOSB Program as the 

managing venturer of the joint venture, and an employee of the managing venturer as 

the project manager responsible for the performance of the contract;

(iii) Stating that not less than 51 percent of the net profits earned by the joint venture 

will be distributed to the WOSB;

(iv) Specifying the responsibilities of the parties with regard to contract 

performance, sources of labor, and negotiation of the WOSB contract; and

(v) Requiring the final original records be retained by the managing venturer upon 

completion of the WOSB contract performed by the joint venture.

(4) The joint venture must perform the applicable percentage of work required in accordance 

with paragraph (d) above; and

(5) The procuring activity executes the contract in the name of the WOSB concern eligible 

under the WOSB Program or joint venture.

(f) Nonmanufacturer. A WOSB concern eligible under the WOSB Program that is a nonmanufacturer, as defined in 13 CFR 121.406(b) or FAR 19.102(f), may submit an offer on a 

WOSB requirement with a NAICS code for supplies, if it meets the requirements under the 

non-manufacturer rule set forth in those regulations.

(End of clause)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-3 Convict Labor (Jun 2003) (Applicable for contracts exceeding $3,000.)

52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation (May 

2018)

[Applicable for contracts exceeding $150,000.]
25

52.222-21 Prohibition of Segregated Facilities (April 2015)

52.222-26 Equal Opportunity (Sep 2016)

52.222-35 Equal Opportunity for Veterans (Oct 2015)

(a) Definitions. As used in this clause--

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” 

“disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently 

separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal 

opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits 

discrimination against qualified protected veterans, and requires affirmative action by the 

Contractor to employ and advance in employment qualified protected veterans. 

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of 

$150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. 

The Contractor shall act as specified by the Director, Office of Federal Contract Compliance 

Programs, to enforce the terms, including action for noncompliance. Such necessary 

changes in language may be made as shall be appropriate of identify properly the parties and 

their undertakings.

(d) Notwithstanding the provisions of this section, the Contractor will not be obligated to 

develop the written affirmative action program required under the regulations implementing 

the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).

(End of Clause)

52.222-36 – Equal Opportunity for Workers With Disabilities. (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal 

opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits 

discrimination against qualified individuals on the basis of disability, and requires 

affirmative action by the Contractor to employ and advance in employment qualified 

individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or 

purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the 

Secretary, so that such provisions will be binding upon each subcontractor or vendor. The 

Contractor shall act as specified by the Director, Office of Federal Contract Compliance 

Programs of the U.S. Department of Labor, to enforce the terms, including action for 

noncompliance. Such necessary changes in language may be made as shall be appropriate to 

identify properly the parties and their undertakings.

(c) Notwithstanding the provisions of this section, the Contractor will not be obligated to 

develop the written affirmative action program required under the regulations implementing 

section 503 of the Rehabilitation Act of 1973, as amended.

(End of Clause)

52.222-37 Employment Reports on Veterans (Feb 2016)
26

52.222-40 Notification of Employee Rights under the National Labor Relations Act. (Dec 

2010)

[Applicable for contracts over the simplified acquisition threshold and for indefinite-quantity 

contracts where the value of orders in any calendar year of the contract is expected to exceed the 

simplified acquisition threshold.]

52.222-54 Employment Eligibility Verification (Oct 2015)

52.223-6 Drug-Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

4A52.225-1 U.S. Origin Product (Jan 2018)

(a) The products of agricultural commodities acquired under this contract must be a product of 

the United States, and shall be considered to be such a product if it is grown, processed, 

and otherwise prepared for sale or distribution exclusively in the United States (See AGAR 

470.103). Ingredients from nondomestic sources will be allowed to be utilized as a United 

States product if such ingredients are not otherwise: (1) produced in the United States; and 

(2) commercially available in the United States at fair and reasonable prices from domestic 

sources. See 4A52.225-2 U.S. Origin Product – Ingredient Waivers below.

(b) If the Contractor processes or handles products originating from sources other than the 

United States, the Contractor must have an acceptable identification and segregation plan 

for those products to ensure they are not used in commodities purchased under this Master 

Solicitation—except for commingled products (see paragraph (c)). This plan must be made 

available to an AMS representative and the Contracting Officer or agent thereof upon 

request. The Contractor must ensure that the Contractor and any subcontractor(s) maintain 

records such as invoices, or production and inventory records evidencing product origin, 

and make such records available for review by the Government in accordance with FAR 

52.214-26.

(c) For commodities that the Department has determined to be generally commingled, a 

commingled product shall be considered to be a product of the United States if the offeror 

can establish that the offeror has in inventory at the time the contract for the commodity or 

product is awarded to the offeror, or obtains during the contract performance period 

specified in the solicitation, or a combination thereof, a sufficient quantity of the 

commodity or product that was produced in the United States to fulfill the contract being 

awarded, and all unfulfilled contracts that the offeror entered into to provide such 

commingled product to the United States. However, if the commodity can be readily stored 

on an identity preserved basis with respect to its country of origin, the Government may 

require that the commodity acquired under this contract be of 100 percent U.S. origin.

(d) The Contractor agrees to include this domestic origin certification clause in all 

subcontracts for products used in fulfilling contracts awarded under this Master 

Solicitation. The burden of proof of compliance is on the Contractor.

(e) FAR clause 52.225-5, Trade Agreements incorporated by reference in FAR clause 52.212-

5 applies only to packaging and container components. Agricultural commodities and their 

products are exempt from 52.225-5.
27

(f) The Government has determined that the following commodities shall be 100 percent U.S. 

origin and provided on an identity preserved basis:

• Dry beans, peas and lentils.

(End of clause)

4A52.225-2 U.S. Origin of Agricultural Commodities - Waiver for CertainIngredients

The requirement for a commodity and/or a component ingredient to be entirely produced and/or 

processed in the United States (see Definitions, “Agricultural Commodity”) may be waived due to 

non- availability at fair and reasonable prices.

(a) Waived ingredients may be subject to the standard definition of the Buy American Act, 

which uses as two- part test to define a domestic end product:

(1)The article must be manufactured in the United States; and

(2)The cost of domestic components must exceed 50 percent of thecost of all 

the components.

(i) The following ingredients are subject to the standard definition of the Buy 

American Act:

[Reserved]

(b) Waived ingredients may be acquired as a foreign end product without regard to the 

restrictions of the Buy American Act. The following ingredients have been determined by 

the Head of Contracting Activity Designee as not available in the U.S. at fair and reasonable 

prices and are waived from all Buy American Act and domestic origin restrictions:

Waived Ingredients

Nutrient Fortificant Form

*no nutrient listed Butylated hydroxy anisole

*no nutrient listed Butylated hydroxy toluene

Biotin Biotin 1%

Iodine Potassium Iodide

Iron Iron-Sodium EDTA

Pantothenic acid Calcium D-Pantothenate

Selenium Sodium Selenite (1.5%)

Vitamin A Retinol Palmitate

Vitamin B1 Thiamine mononitrate

Vitamin B12 Vitamin B12 0.1% or 1% Spray Dried

Vitamin B2 Vitamin B2 fine powder

Vitamin B2 Riboflavin

Vitamin B3 (Niacin) Nicotinic Acid

Vitamin B6 Pyridoxine hydrochloride

Vitamin B9 Folic Acid

Vitamin C Ascorbic acid

Vitamin K1 Dry Vitamin K1 5% Water 

Dispersible/Phylloquinon 5%
28

52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2014)

[Applicable for contracts valued at $25,000 or more but less than $180,000 and only to the 

packaging and container components utilized by commodity vendors selling agricultural products 

to CPP; not applicable to contracts for empty 50 kg polypropylene bags.]

52.225-5 Trade Agreements (Aug 2018)

[Applicable for contracts valued at $180,000 or more and only to the packaging and container 

components utilized by commodity vendors selling agricultural products to CPP; not applicable for 

empty 50 kg polypropylene bags.]

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

[Applicable to contracts for empty 50 kg polypropylene bags and only the packaging and container 

component.]

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

52.228-2 Additional Bond Security (Oct 1997)

[Applicable for contracts that require a performance bond.]

52.228-11 Pledge of Assets (Aug 2018)

[Applicable for contracts that require a performance bond.]

52.228-14 Irrevocable Letter of Credit (Nov 2014)

[Applicable for contracts that require a performance bond.]

52.229-3 Federal, State, and Local Taxes (Feb 2013)

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.232-1 Payments (Apr 1984)

4A52.232-1 Contractor Expenses 

Unless stipulated otherwise in the contract, all expenses incurred including but not limited to 

testing, analysis, fumigation, and certification requirements shall be the responsibility of the 

contractor. 

(End of clause)

4A52.232-3 Electronic Invoicing

Electronic invoicing is authorized and required for this contract.
29

(a) ASN as invoice. Contractor’s advance shipment notice (ASN), entered in WBSCM in 

accordance with 4A52.211-2, 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.

(b) Authorization to pay. The Government will not review an invoice for payment until all 

required supporting documentation has been received. In addition to the items in paragraph 

(2) above, all invoice payments must be supported by a receiving report (proof of delivery). 

A recipient-entered WBSCM goods receipt will serve as the receiving report. The recipient 

(receiving official) should enter the goods receipt into WBSCM no later than the 2nd

working day after delivery. 

(c) Payment due dates. The due date for making an invoice payment is as follows—

Upon receipt of a proper invoice for: Payment must be made as 

close as possible to but not 

later than:

Perishable agricultural commodities. As defined in section 1(4) of 

the Perishable Agricultural Commodities Act of 1930 

(7 U.S.C 499a(4)). (This includes frozen fruit and vegetable 

products). 

10th day after receipt of a proper 

invoice, unless another day is 

specified in the contract.

Dairy products. As defined in section 111(e) of the Dairy Production 

Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and 

food products prepared from edible fats or oils. Liquid milk, cheese, 

certain processed cheese products, butter, yogurt, ice cream, 

mayonnaise, salad dressings, and other similar products fall within 

this classification. Nothing in the Act limits this classification to 

refrigerated products. If questions arise regarding the proper 

classification of a specific product, the contracting officer must 

follow prevailing industry practices in specifying a contract payment 

due date. The burden of proof that a classification of a specific 

product is, in fact, prevailing industry practice is upon the contractor 

making the representation. 

10th day after a proper invoice 

has been received

All other commodities 30th day after receipt of a proper 

invoice.

(d) Supporting documents. When applicable, contractor shall upload additional supporting 

documents when submitting their shipment receipt or ASN in WBSCM as follows—

(1) Goods Receipt, (including attachments, as applicable; see paragraphs (a) through 

(g) regarding other proof of delivery documents for variousdelivery bases);

(2) Required inspection certificates (see paragraphs (a) through (g) for the type of 

inspection evidence required); and

(3) Other information required for the applicable delivery basis (outlinedin 

paragraphs (a) through (f) below):

(a) For f.a.s. vessel with acceptance occurring at origin (e.g., check loaded 

commodities), the contractor shall submit the following proof of delivery 

and/or inspection documents:

(i) Commercial Bill of Lading; and

(ii) Inspection document such as:
30

(1) Government-issued inspection certificate; or

(2) FGIS Official (original) inspection certificates “with handwritten blue 

ink signature and lotnumber”; or

(3) Certificate of Analysis (COA), original COA including company 

letterhead with supplier/lab full address, purchase order number, 

lot number, production date, BUBD, test results with reference to 

specification min/max, blue ink handwritten signature, company 

logo in color and company seal/stamp. If product delivered falls 

within the quality discount table as outlined in the commodity 

specifications, those factors must be identified by an asterisk on 

the copies of the COA; and

(iii) Statement from the contractor certifying fumigation of product, if 

required; and

(iv) Copy of check loading certificate as issued byUSDA.

(b) For f.a.s. vessel, intermodal plant, intermodal bridge, shipments with acceptance 

occurring at final contracted destination (e.g.,non-check-loaded commodities):

The contractor shall submit the following proof of delivery and/or inspection 

documents:

(i) Commercial Bill of Lading; and

(ii)Inspection document such as:

(1) Government-issued inspection certificate; or

(2) FGIS Official (original) inspection certificates “with handwritten blue 

ink signature and lot number”; or

(3) Certificate of Analysis (COA), original COA including company 

letterhead with supplier/lab full address, purchase order number, lot 

number, production date, BUBD, test results with reference to specification 

min/max, blue ink handwritten signature, company logo in color and 

company seal/stamp. If product delivered falls within the quality discount 

table as outlined in the commodity specifications, those factors must be 

identified by an asterisk on the copies of the COA; and

(iii) Statement from the contractor certifying fumigation of product, if required; 

and

(iv) Proof of delivery as stipulated in the followingtable:

Delivery Basis Proof of Delivery

Intermodal plant A bill of lading, or similar document, showing count 

and over, short and damage, including documentation 

of carrier acceptance.
31

Intermodal Bridge A bill of lading, consignee receipt, signed by the 

freight forwarder/ unloading stevedore, as proof of 

delivery at the intermodal bridge point, or similar 

document signed by the unloader and receiver showing 

count and over, short and damage.

F.A.S. Vessel A WBSCM Good Receipt entered by the freight 

forwarder/unloading stevedore, or proof of delivery 

document signed by the unloader or receiver at the 

FAS position showing count and over, short and 

damage (e.g., Dock Receipt, Consignee Receipt).

(v) For dry edible bean (DEB) contracts only, check loading as evidenced by 

either a FGIS-issued certificate or reported ona FGIS-issued commodity

inspection certificate.

(c) For f.o.b. vessel shipments-dry bulk cargoes.

The contractor shall submit the following proof of delivery and/or 

inspection documents, as applicable:

(1) Copy of signed and dated on board Ocean Bill of Lading or copy of 

Mate’s Receipt (vessel under and over fills in excess of 5% to be settled 

in cash at market value determined by the Government on the day 

following the Bill of Lading date);

(2) FGIS Official (original) Export Weight;

(3) FGIS Official (original) Clear White Grade InspectionCertificates;

(4) FGIS Protein Certificate, if protein analysis isrequired;

(5) FGIS Aflatoxin Certificate, if aflatoxin testing isrequired;

(6) FGIS Vomitoxin Certificate, if Vomitoxin testing isrequired;

(7) FGIS or commercial private laboratory certificate for falling 

number, if falling number analysis is required; and

(8) Fumigation certificate issued by the fumigator and a signed 

statement on FGIS letterhead attesting that the fumigation was 

witnessed by a FGIS representative, if required.

(d) For f.o.b. vessel shipments - bulk oils and tallow, the contractor shall submit the 

following proof of delivery and/or inspectiondocuments.

(1) Copy of signed and dated on board Ocean Bill of Lading or Mate's Receipt;

(2) Chemical, analysis certificate issued by a National Oilseed Processors 

Association or American Fats and Oils Association, Inc. – approved commercial 

chemist on the chemist'sletterhead, which includes

(a) The followingcertification:

“The undersigned hereby certifies that the chemical analysis 

certificate was issued as a result of the analysis of samples taken by 
32

an independent surveyor, and that such chemical analysis was 

performed in accordance with methods prescribed in the Trading 

Rules of the National Oilseed Processors Association or American 

Fats and Oils Association, Inc.”, as applicable;

(b) A statement that the bulkoil/tallow met the analytical requirements of 

the specifications as provided in the contract;

(3) A sampling certificate which includes a statement that the samples were drawn 

in accordance with American Oil Chemists Society Method C 1-47;

(4) Survey report of the independent surveyor which must include the weight of the 

bulk oil/tallow delivered and a certification that the ship’s tanks were examined and 

found suitable for receipt and carriage of the bulk oil/tallow.

(e) For f.a.s. vessel – bag shipments with acceptance occurring at final contracted

destination. The contractor shall submit the following proof of delivery and/or 

inspection documents:

(1) Commercial Bill of Lading; and

(2) Proof of delivery as evidenced by a dock receipt, consignee receipt signed by the 

freight forwarder/ unloading stevedore, as proof of delivery at the f.a.s. position 

or similar documentsigned by the unloader and receiver showing count and over, 

short and damage.

(f) For Instore delivery

The contractor shall submit the following proof of delivery and/or inspection 

documents:

(1) Description, quantity, unit of measure, unit price andextended price of the 

items delivered;

(2) Form KC-228 or negotiable warehouse receipts.

52.232-11 Extras (Apr 1984)

52.232-17 Interest (May 2014)

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.232-23 Assignment of Claims (May 2014)

USDA forms CCC-251 (Notice of Assignment) and CCC-252 (Instrument of Assignment) may be 

obtained at: https://www.ams.usda.gov/resources/ccc-251-ccc-252-notice-assignment-form or the 

contractor may use its own forms provided the forms are essentially consistent with CCC-251 and 

CCC-252 in content.

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 
33

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under 

this contract is subject to any End User License Agreement (EULA), Terms of Service 

(TOS), or similar legal instrument or agreement, that includes any clause requiring the 

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or 

any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 

1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have 

agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or 

agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I 

agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse- wrap” 

agreements), execution does not bind the Government or any Government authorized end user to 

such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument 

or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is 

expressly authorized by statute and specifically authorized under applicable agency 

regulations and procedures.

(End of clause)

52.232-40 Providing Accelerated Payments to Small Businesses Subcontractors (Dec 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 

52.242-13 Bankruptcy (Jul 1995)

[Applicable for contracts exceeding the Simplified Acquisition Threshold of $250,000.]

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984) 

52.243-1 Changes-Fixed Price (Aug 1987)

52.244-6 Subcontracts for Commercial Items (Jan 2019)

[The clause is applicable for contracts exceeding $5.5 million.]

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

Pursuant to FAR 46.401(b) & (c), the Government reserves the right to perform quality assurance at 

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

facility, warehouse, in-house laboratory, subcontractor’s facilities, etc.
34

52.246-11 Checkloading for Dry, Edible Beans for International Food Aid Programs. (Aug 

2019)

(a) Pursuant to contract clause 52.246-2, Inspection of Supplies—Fixed Price, all 

dry, edible beans shipped under contract shall be checkloaded by FGIS or its 

designee at origin. The contractor is responsible for giving advance notice to 

FGIS for a checkloader to be present. If FGIS is in residence in the contractor’s 

plant, contractor shall give FGIS no less than one and no more than two 

workdays advance notice. If FGIS is not in residence in the contractor’s plant, 

contractor shall give FGIS no less than two and no more than seven days 

advance notice. At the contractor’s option, it may elect to arrange for inspection 

and checkloading at the contracted place of delivery. In such case, contractor 

shall give FGIS no less than two and no more than seven days advance notice.

(b) The results of the checkloading will be reported on a commodity inspection 

certificate.

(c) The cost of checkloading, wherever performed, shall be for the account of the 

contractor.

(d) Checkloading shall not relieve the contractor of its responsibility to deliver a 

product meeting contract requirements or constitute a waiver of any of the 

Government’s rights under the contract.

52.246-11 Higher-Level Contract Quality Requirement (Dec 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

4.0, Quality Management System 

5.1, Management Commitment

5.3, Quality Policy

5.5, Responsibility, Authority, Communication

5.6, Management Review (Limited to 5.6.1 and 5.6.2)

6, Resource Management

7.1, Planning of Product Realization 

7.2, Customer Related Processes 

7.4, Purchasing Process

7.5, Production and ServiceProvision

7.6, Control, Monitoring and MeasuringDevices 

8.0, Measurement, Analysis and Improvement

CPP’s Quality Assurance Surveillance Plan defines the Government’s methodology for 

monitoring contractor compliance with the higher-level standard and can found on the 

Commodity Operations website at: https://www.fsa.usda.gov/Assets/USDA-FSAPublic/usdafiles/Comm-Operations/pdf/qasp.pdf.

The ISO 9001-2000 standard can be ordered from the ANSI Electronics Standards Store at 

http://www.ansi.org. Official ISO certification is not required.
35

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) 

listed in paragraph (a) of this clause and the requirement to flow down such standards, as 

applicable, to lower-tier subcontracts, in—

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontractrequire—

i. Control of such things as design, work operations, in-process control, 

testing, and inspection; or

ii. Attention to such factors as organization, planning, work instructions, 

documentation control, and advancedmetrology. 

(End of Clause)

52.246-16 Responsibility for Supplies (Apr 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal 

acceptance, regardless of when or where the Government takes physical possession, unless 

the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies 

shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at 

the destination specified in the contract, whichever is later, if transportation is f.o.b. 

destination.

(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract 

requirements as to give a right of rejection. The risk of loss of or damage to such 

nonconforming supplies remains with the Contractor until cure or acceptance. After cure or 

acceptance, paragraph (b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage 

to supplies caused by the negligence of officers, agents, or employees of the Government 

acting within the scope of their employment.

(End of clause)

4A52.246-17 Risk of Loss (Aug 2019)

(a) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies 

shall remain with the Contractor until, and shall pass to the Government upon-

(i) Delivery of the supplies when the goods have been placed alongside the vessel on the 

quay or in lighters at the named port of shipment, if transportation is f.a.s. (named 

port of shipment). If the named port of shipment has 

warehouse/berth/terminal/transload facilities available and contractor’s shipment(s) 

is unloaded into such a facility as named by the ocean carrier rather than placed 

alongside vessel on the quay or in lighters, then risk of loss to supplies shall pass 
36

from the contractor at the point where the supplies come to rest in the 

warehouse/berth/terminal/ transload facility designated by the ocean carrier;

(ii) Delivery of the supplies on board the ocean vessel at the named port of shipment

specified in the contract, if transportation is f.o.b. vessel;

(iii)Delivery of the supplies when placed on board the conveyance at named point of 

origin, if transportation is Intermodal Plant;

(iv)Delivery of the supplies to the carrier on rail cars, trucks, or carrier- supplied 

conveyance at the named bridge point, if transportation is Intermodal Bridge;

(v) Delivery of the supplies to the carrier on rail cars, trucks, or carrier- supplied 

conveyance at the bridge-port point, if transportation is Intermodal Bridge-Port.

(vi)Receipt by the Government of a warehouse receipt or a certified Form KC-228 

covering supplies being delivered, if delivered Instore.

(b) Paragraph (a) of this clause shall not apply to supplies that so fail to conform to contract 

requirements as to give a right of rejection. The risk of loss of or damage to such 

nonconforming supplies remains with the Contractor until cure or acceptance. After cure

or acceptance, paragraph (a) of this clause shall apply.

(c) Under paragraph (a) of this clause the Contractor shall not be liable for loss of or damage 

to supplies caused by the negligence of officers, agents, or employees of the Government 

acting within the scope of their employment.

(End of clause)

4A52.246-18 Acceptance

If the Government has performed inspection at origin, including checkloading, formal acceptance 

shall take place at origin. In all other instances, formal acceptance shall occur when the Government 

approves the invoice for payment.

52.247-34 F.o.b. Destination (Nov 1991)

4A52.247-37 Miscellaneous Contract Requirements for F.o.b. Vessel Delivery

(a) The Government will furnish the contractor at least ten (10) days advance notice of vessel 

readiness, unless stated otherwise in theIFB.

(d) Contractor must forward original Mate’s Receipt to the Government’s representative

within 48 hours after completion of vessel loading.

(e) If multiple contracts are awarded on an IFB to the same contractorwho has designated the 

same loading berth, the contractor shall complete loading in one continuous berthing. If 

the contractor elects not to complete loading in one continuous berthing, the contractor 

will be liable for any charges associated with shifting and reberthing as provided in the 

Charter Party.

(f) Contractor agrees to load the Government’s nominated vessels in rotation with all vessels 

for loading at the elevator based on when vessels file and are accepted as ready-to-load in 

all respects. In the event that the contractor, for its own convenience, elects to by-pass the 

Government’s nominated vessels to load a vessel which filed and was accepted later than 

the Government’s nominated vessel, such action will be construed as failure or refusal of 

the contractor to perform.
37

(g) Contractor will be liable to the Government for any actual damages suffered by the 

Government resulting from failure or refusal of the contractor to perform, which is not 

excusable under the Excusable Delay clause. Such actual damages may include, but are 

not limited to, the cost of demurrage, inter-port vessel relocation, vessel discharge costs, 

reprocurement costs, and claims by carriers for damages resulting from delays in loading 

resulting from the commodity not being available for loading, or for delays or slowness of 

the vessel loading.

(h) The contractor shall submit Advance Shipping Notifications (ASNs) in WBSCM within 

24 hours of completion of vesselloading.

52.247-58 Loading, Blocking, and Bracing of Freight Car Shipments (Apr 1984) 

452.247-70 Delivery Location (Feb 1988)

Shipment of deliverable items, other than reports, shall be to locations selected from the vendor’s 

offer and will be provided at time of award.

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 

1984) 

[Applicable for contracts of $250,000 or less.]

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 

[Applicable for contracts exceeding $250,000.]

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if 

they were given in full text. Upon request, the Contracting Officer will make their full text 

available. Also, the full text of a clause may be accessed electronically at these addresses: 

http://acquisition.gov/far/index.html

https://www.dm.usda.gov/procurement/policy/docs/AGAR_t

hru_Deviation_18.01.doc 

(End of clause)

52.252-4 Alterations in Contract (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)
38

Solicitation Provisions

Note: Items marked with an asterisk (*) have been tailored in the addenda below in B.

452.204-70 Inquiries (Feb 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the 

Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation 

about any aspect of this requirement prior to contract award.

52.204-8 Annual Representations and Certifications (Oct 2019)

(a) (1) The North American Industry classification System (NAICS) code for this acquisition is 

____________ [insert NAICS code].

(2) The small business size standard is ____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, 

other than on a construction or service contract, but which proposes to furnish a product 

which it did not itself manufacture, is 500 employees.

(i) (1) If the provision at 52.204-7, System for Award Management, is included in this 

solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this 

solicitation, and the Offeror has an active registration in the System for Award Management 

(SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing 

the corresponding individual representations and certifications in the solicitation. The 

Offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual 

representations and certifications in the solicitation.

(j) (1) The following representations or certifications in SAM are applicable to this 

solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies 

to solicitations when a firm-fixed-price contract or fixed-price contract with 

economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures 

in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed 

bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or 

regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence 

Certain Federal Transactions. This provision applies to solicitations expected to 

exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal 

Confidentiality Agreements or Statements—Representation. This provision applies 

to all solicitations.
39

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do 

not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision 

applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its 

outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—

Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision 

applies to solicitations where the contract value is expected to exceed the simplified 

acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax 

Liability or a Felony Conviction under any Federal Law. This provision applies to all 

solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to 

invitations for bids except those in which the place of performance is specified by 

the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the 

place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This 

provision applies to solicitations when the contract will be performed in the United 

States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other 

than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, 

NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when 

contracting by sealed bidding and the contract will be performed in the United States 

or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies 

to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to 

solicitations, other than those for construction, when the solicitation includes the 

clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. 

This provision applies to solicitations when it is anticipated the contract award will 

exceed the simplified acquisition threshold and the contract is not for acquisition of 

commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to 

solicitations that require the delivery or specify the use of USDA-designated items; 

or include the clause at 52.223-2, Affirmative Procurement of Biobased Products 

Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to 

solicitations that are for, or specify the use of, EPA- designated items.
40

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction 

Goals—Representation. This provision applies to solicitations that include the clause 

at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations 

containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. 

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the 

clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the 

provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the 

provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the 

provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations 

containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in 

Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain 

Activities or Transactions Relating to Iran—Representation and Certification. This 

provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution 

Representation. This provision applies to solicitations for research, studies, supplies, 

or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the 

Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror. 

___ (ii) 52.204-20, Predecessor of Offeror.

___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed 

End Products.

___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor 

Standards to Contracts for Maintenance, Calibration, or Repair of Certain 

Equipment--Certification.

___ (v) 52.222-52 Exemption from Application of the Service Contract Labor 

Standards to Contracts for Certain Services--Certification.

___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material 

Content for EPA-Designated Products (Alternate I only).

___ (vii) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted 

Computer Software.

(k) The Offeror has completed the annual representations and certifications electronically in 

SAM accessed through https://www.sam.gov. After reviewing the SAM information, the 
41

Offeror verifies by submission of the offer that the representations and certifications 

currently posted electronically that apply to this solicitation as indicated in paragraph (c) 

of this provision have been entered or updated within the last 12 months, are current, 

accurate, complete, and applicable to this solicitation (including the business size standard 

applicable to the NAICS code referenced for this solicitation), as of the date of this offer 

and are incorporated in this offer by reference (see FAR 4.1201); except for the changes 

identified below [offeror to insert changes, identifying change by clause number, title, 

date]. These amended representation(s) and/or certification(s) are also incorporated in this 

offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do 

not result in an update to the representations and certifications posted on SAM.

(End of Provision)

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for 

debarment, or declared ineligible for the award of contracts by any Federal 

agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, 

been convicted of or had a civil judgment rendered against them for: 

commission of fraud or a criminal offense in connection with obtaining, 

attempting to obtain, or performing a public (Federal, State, or local) contract 

or subcontract; violation of Federal or State antitrust statutes relating to the 

submission of offers; or commission of embezzlement, theft, forgery, 

bribery, falsification or destruction of records, making false statements, tax 

evasion, violating Federal criminal tax laws, or receiving stolen property (if 

offeror checks “have”, the offeror shall also see 52.209-7, if included in this 

solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or 

civilly charged by a governmental entity with, commission of any of the 

offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, 

been notified of any delinquent Federal taxes in an amount that exceeds 

$3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following 

criteria apply:

(i) The tax liability is finally determined. The liability is 

finally determined if it has been assessed. A liability is not 
42

finally determined if there is a pending administrative or 

judicial challenge. In the case of a judicial challenge to the 

liability, the liability is not finally determined until all judicial 

appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer 

is delinquent if the taxpayer has failed to pay the tax liability 

when full payment was due and required. A taxpayer is not 

delinquent in cases where enforced collection action is 

precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, 

under I.R.C. §6212, which entitles the taxpayer to seek Tax 

Court review of a proposed tax deficiency. This is not a 

delinquent tax because it is not a final tax liability. Should the 

taxpayer seek Tax Court review, this will not be a final tax 

liability until the taxpayer has exercised all judicial appeal 

rights.

(ii) The IRS has filed a notice of Federal tax lien with respect 

to an assessed tax liability, and the taxpayer has been issued a 

notice under I.R.C. §6320 entitling the taxpayer to request a 

hearing with the IRS Office of Appeals contesting the lien 

filing, and to further appeal to the Tax Court if the IRS 

determines to sustain the lien filing. In the course of the 

hearing, the taxpayer is entitled to contest the underlying tax 

liability because the taxpayer has had no prior opportunity to 

contest the liability. This is not a delinquent tax because it is 

not a final tax liability. Should the taxpayer seek tax court 

review, this will not be a final tax liability until the taxpayer 

has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement 

pursuant to I.R.C. §6159. The taxpayer is making timely 

payments and is in full compliance with the agreement terms. 

The taxpayer is not delinquent because the taxpayer is not 

currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The 

taxpayer is not delinquent because enforced collection action 

is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, 

had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; 

partner; or a person having primary management or supervisory responsibilities within a 

business entity (e.g., general manager; plant manager; head of a division or business 

segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of 

the United States and the Making of a False, Fictitious, or Fraudulent 
43

Certification May Render the Maker Subject to Prosecution Under Section 

1001, Title 18, United States Code.

(l) The Offeror shall provide immediate written notice to the Contracting Officer if, at any 

time prior to contract award, the Offeror learns that its certification was erroneous when 

submitted or has become erroneous by reason of changed circumstances.

(m)A certification that any of the items in paragraph (a) of this provision exists will not 

necessarily result in withholding of an award under this solicitation. However, the 

certification will be considered in connection with a determination of the Offeror’s 

responsibility. Failure of the Offeror to furnish a certification or provide such additional 

information as requested by the Contracting Officer may render the Offeror 

nonresponsible.

(n) Nothing contained in the foregoing shall be construed to require establishment of a system 

of records in order to render, in good faith, the certification required by paragraph (a) of 

this provision. The knowledge and information of an Offeror is not required to exceed that 

which is normally possessed by a prudent person in the ordinary course of business 

dealings.

(o) The certification in paragraph (a) of this provision is a material representation of fact 

upon which reliance was placed when making award. If it is later determined that the 

Offeror knowingly rendered an erroneous certification, in addition to other remedies 

available to the Government, the Contracting Officer may terminate the contract resulting 

from this solicitation for default.

(End of Provision)

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to 

make a determination of fault or liability (e.g., Securities and Exchange Commission 

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services 

Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal 

and State level but only in connection with performance of a Federal contract or grant. It does not 

include agency actions such as contract audits, site visits, corrective plans, or inspection of 

deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; 

and

(2) The total value of all current, active orders including all priced options under indefinitedelivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery 

and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or 

supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of 

a division or business segment; and similar positions).

(p) The offeror [_] has [_] does not have current active Federal contracts and grants with total 

value greater than $10,000,000.

(q) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by 

submission of this offer, that the information it has entered in the Federal Awardee 
44

Performance and Integrity Information System (FAPIIS) is current, accurate, and 

complete as of the date of submission of this offer with regard to the following 

information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five 

years, in connection with the award to or performance by the offeror of a Federal contract or 

grant, been the subject of a proceeding, at the Federal or State level that resulted in any of 

the following dispositions: 

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of 

a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or 

(B) The payment of a reimbursement, restitution, or damages in excess of 

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by 

consent or compromise with an acknowledgment of fault by the Contractor if the 

proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), 

(c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in 

(c)(1) of this provision, whether the offeror has provided the requested information with 

regard to each occurrence.

(r) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this 

provision in FAPIIS as required through maintaining an active registration in the System 

for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

4A52.214-1 Electronic Submission of Bids /Submission of Bids

(a) Submit bids to the office specified in the IFB at or before the exact time specified in the 

IFB. Submission of bids by any means other than as specified in the IFB will be determined 

nonresponsive. Bids that fail to furnish required representations or information, or reject the 

terms and conditions of the solicitation may be excluded from consideration.

(s) All prospective bidders are required to submit offers electronically via the USDA Web 

Based Supply Chain Management (WBSCM) system. All offers are subject to all 

requirements of WBSCM and the invitation, including but not limited to:

(t) Obtaining a USDA eAuthentication logon ID and password to access WBSCM. (Contact 

the WBSCM Help Desk at (877) 927-2648 or WBSCMhelp@ams.usda.gov for 

information regarding logon IDs, passwords, and WBSCM system questions or concerns.)

(u) Choosing its own Internet Service Provider (ISP) to transmit, translate, or carry data 

between the bidder and the Government. The bidder is responsible for the cost of its 

third-party network. The Government will not be responsible for any failure attributed to 
45

the transmission of the bid data prior to being accepted and stored on the Government’s 

web server including, but not limited to, the following:

(1) Any failure of the bidder’s computer hardware or software; 

(2) Availability of the ISP;

(3) Delay in transmission due to the speed of the modem;

(4) Delay in transmission due to excessive volume of Internet traffic.

(v) When authorized in an IFB, hard copy bids sent through regular mail or hand- delivered 

must be sealed in an envelope marked with the name and address of the bidder. Bids 

submitted by express mail shall be sealed inside a second envelope. All envelopes shall be 

plainly marked: “Do Not Open until Prescribed Time under Invitation for Bid Number 

(enter appropriate number).” For express mail bids, this statement shall be printed clearly 

on the outer express envelope, not the mailing label.

52.214-3 Amendments to Invitations for Bid (Dec 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain 

unchanged.

(w)(1) Bidders shall acknowledge receipt of any amendment to this solicitation—

(i) By signing and returning the amendment,

(ii) By identifying the amendment number and date in space provided for this 

purpose on the form for submitting a bid,

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation. 

(2) The Government must receive the acknowledgment by the time and at the place 

specified for receipt of bids.

(End of Provision)

52.214-4 False Statements in Bids (April 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its 

attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

(End of Provision)

52.214-5 Submission of Bids (Dec 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless 

submitted by electronic means) --

(1) Addressed to the office specified in the solicitation; and

(2) Showing the time and date specified for receipt, the solicitation number, and the name 

and address of the bidder.

(x) Bidders using commercial carrier services shall ensure that the bid is addressed and 

marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and 

(2) of this provision when delivered to the office specified in the solicitation.

(y) Facsimile bids, modifications, or withdrawals will not be considered unless authorized by 

the solicitation.
46

(z) Bids submitted by electronic commerce shall be considered only if the electronic 

commerce method was specifically stipulated or permitted by the solicitation.

(End of Provision)

52.214-10 Contract Award—Sealed Bidding (July 1990)/ Evaluation of Bids

(a) The Government will evaluate bids in response to this solicitation without discussions and 

will award a contract to the responsible bidder whose bid, conforming to the solicitation, 

will be most advantageous to the Government considering only price and the price-related 

factors specified elsewhere in the solicitation. 

(aa) The Government may—

(1) Reject any or all bids; 

(2) Accept other than the lowest bid; and 

(3) Waive informalities or minor irregularities in bids received. 

(bb) The Government may accept any item or group of items of a bid, unless the bidder 

qualifies the bid by specific limitations. Unless otherwise provided in the Schedule, bids 

may be submitted for quantities less than those specified. The Government reserves the 

right to make an award on any item for a quantity less than the quantity offered, at the unit 

prices offered, unless the bidder specifies otherwise in the bid. 

(cc) A written award or acceptance of a bid mailed or otherwise furnished to the 

successful bidder within the time for acceptance specified in the bid shall result in a 

binding contract without further action by either party. 

(dd) The Government may reject a bid as nonresponsive if the prices bid are materially 

unbalanced between line items or subline items. A bid is materially unbalanced when it is 

based on prices significantly less than cost for some work and prices which are 

significantly overstated in relation to cost for other work, and if there is a reasonable 

doubt that the bid will result in the lowest overall cost to the Government even though it 

may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an 

advance payment. 

(End of provision)

52.214-12 Preparation of Bids (Apr 1984)

(a) Bidders are expected to examine the drawings, specifications, Schedule, and all instructions. 

Failure to do so will be at the bidder’s risk.

(ee) Each bidder shall furnish the information required by the solicitation. The bidder 

shall sign the bid and print or type its name on the Schedule and each continuation sheet 

on which it makes an entry. Erasures or other changes must be initialed by the person 

signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s 

authority, unless that evidence has been previously furnished to the issuing office.

(ff) For each item offered, bidders shall

(1) show the unit price, including, unless otherwise specified, packaging, packing, and 

preservation and

(2) enter the extended price for the quantity of each item offered in the “Amount” column of 

the Schedule. 
47

In case of discrepancy between a unit price and an extended price, the unit price will be 

presumed to be correct, subject, however, to correction to the same extent and in the 

same manner as any other mistake.

(gg) Bids for supplies or services other than those specified will not be considered unless 

authorized by the solicitation.

(hh) Bidders must state a definite time for delivery of supplies or for performance of 

services, unless otherwise specified in the solicitation.

(ii) Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

(End of Provision)

452.214-15 Period of Acceptance of Bids

The bidder agrees to hold the prices in its bid firm through the contract award date and time 

specified in the IFB.

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to 

the Government that might result from making more than one award (multiple awards). It is 

assumed, for the purpose of evaluating bids, that $1000 would be the administrative cost to the 

Government for issuing and administering each contract awarded under this solicitation, and 

individual awards will be for the items or combinations of items that result in the lowest aggregate 

cost to the Government, including the assumed administrative costs.

(End of Provision)

52.214-31 Facsimile Bids (Dec 1989)

(a) Definition. “Facsimile bid,” as used in this solicitation, means a bid, modification of a bid, 

or withdrawal of a bid that is transmitted to and received by the Government via electronic 

equipment that communicates and reproduces both printed and handwritten material.

(jj) Bidders may submit facsimile bids as responses to this solicitation. These responses must 

arrive at the place and by the time, specified in the solicitation.

(kk) Facsimile bids that fail to furnish required representations or information or that 

reject any of the terms, conditions, and provisions of the solicitation may be excluded 

from consideration.

(ll) Facsimile bids must contain the required signatures.

(mm) The Government reserves the right to make award solely on the facsimile bid. 

However, if requested to do so by the Contracting Officer, the apparently successful 

bidder agrees to promptly submit the complete original signed bid.

(nn) Facsimile receiving data and compatibility characteristics are as follows:

(1) Telephone number of receiving facsimile equipment:

_______________________________________

(2) Compatibility characteristics of receiving facsimile equipment (e.g., make and model 

number, receiving speed, communications protocol):

_______________________________________
48

(oo) If the bidder chooses to transmit a facsimile bid, the Government will not be 

responsible for any failure attributable to the transmission or receipt of the facsimile bid 

including, but not limited to, the following:

(1) Receipt of garbled or incomplete bid.

(2) Availability or condition of the receiving facsimile equipment.

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of bid.

(5) Failure of the bidder to properly identify the bid.

(6) Illegibility of bid.

(7) Security of bid data.

(End of Provision)

52.214-34 Submission of Offers in the English Language (Apr 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in 

other than English shall be rejected.

(End of Provision)

52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in 

other than U.S. dollars shall be rejected.

(End of Provision)

452.219-70 Size Standard and NAICS Code Information 

Commodity

(USDA

Commodity 

Requiremen

NAICS Code Small Business 

Size Standard

All Purpose Wheat Flour/Bread Flour 

Bulgur Wheat/Soy - Fortified Bulgur 

Cornmeal

Corn-Soy Blend Plus 

Soy-Fortified Cornmeal

Super Cereal Plus

Wheat Soy Blend

(WFBF)

(BWSF)

(CM)

(CSBP)

(SFCM)

(SCP)

(WSB)

311211 1,000

Milled Rice/Fortified Milled Rice(Bagged) 

Milled Rice (Bulk)

Rice Products

(MR)

(KCPG)

(RP)

311212 500

Crude or Refined Corn Oil (BOT) 311221 1,250
49

Fully Refined Soybean Oil-Bulk 

Crude Degummed Soybean Oil-Bulk 

Soybean Meal-Bulk

Value Added Soy Products

(BOT)

(BOT)

(BOT)

(VASP)

311224 1,000

Vegetable Oils 

Sunflower Seed Oil 

Corn Oil

(VO)

(SFSO)

(CO)

311225 1,000

Ready-To-Use Supplementary Food 

Ready-To-Use Therapeutic Food

(RUSF)

(RUTF)

 311340 1,000

Dehydrated Potato Products (DPP) 311423 750

Dried Dairy Ingredients (DDI) 311514 750

Tallow (BOT) 311613 750

Fortified Poultry-Based Spread (FPBS) 311615 1,250

Canned Salmon (CPS) 311710 750

Peanut Products (PP) 311824 750

Bags (KCP BAGS) 314910 500

Bagged Grain Dry Edible Beans Grain 

(Bulk) Peas & Lentils

(KCBG)

(DEB)

(KCPG)

(PL)

311999 500

North American Industrial Classification System Code(s) and business size standard(s) describing 

the products and/or services to be acquired under this solicitation are listed above. The small 

business size standard for a concern which submits an offer in its own name, but which proposes to 

furnish an item which it did not itself manufacture, is 500 employees.

52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

If a contract in the amount of $10 million or more will result from this solicitation, the prospective 

Contractor and its known first-tier subcontractors with anticipated subcontracts of $10 million or 

more shall be subject to a preaward compliance evaluation by the Office of Federal Contract 

Compliance Programs (OFCCP), unless, within the preceding 24 months, OFCCP has conducted an 

evaluation and found the prospective Contractor and subcontractors to be in compliance with 

Executive Order 11246.

(End of Provision)

52.225-4 Buy America Act- Free Trade Agreements-Israeli Trade Act Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this 

provision, is a domestic end product and that for other than COTS items, the offeror has 

considered components of unknown origin to have been mined, produced, or manufactured 

outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or 

Peruvian end product,” “commercially available off-the-shelf item,” “component,” 
50

“domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement 

country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United 

States” are defined in the clause of this solicitation entitled “Buy American—Free Trade 

Agreements—Israeli Trade Act.”

(b) The offeror certifies that the following supplies are Free Trade Agreement country end 

products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) 

or Israeli end products as defined in the clause of this solicitation entitled “Buy American--

Free Trade Agreements--Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, 

Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(c) The offeror shall list those supplies that are foreign end products (other than those listed in 

paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy 

American--Free Trade Agreement--Israeli Trade Act.” The offeror shall list as other foreign 

end products those end products manufactured in the United States that do not qualify as 

domestic end products, i.e., an end product that is not a COTS item and does not meet the 

component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No.: Country of Origin:

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of Part 

25 of the Federal Acquisition Regulation.

(End of provision)

52.225-6 Trade Agreements Certificate (May 2014)
51

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this 

provision is a U.S.-made or designated country end product, as defined in the clause of this 

solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or 

designated country end products.

Other End Products

Line Item No. Country of Origin:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 

25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the 

Government will evaluate offers of U.S.-made or designated country end products without 

regard to the restrictions of the Buy American statute. The Government will consider for 

award only offers of U.S.-made or designated country end products unless the Contracting 

Officer determines that there are no offers for such products or that the offers for those

products are insufficient to fulfill the requirements of this solicitation.

(End of Provision)

52.225-25 Prohibitions on Contracting with Entities Engaging in Certain Activities or 

Transactions Relating to Iran - Representation and Certifications (Aug 2018)

(a) Definitions. As used in this provision--

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial 

institution, insurer, underwriter, guarantor, and any other business organization, any 

other nongovernmental entity, organization, or group, and any governmental entity 

operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business 

enterprise.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that 

is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
52

(2) Does not include information or informational materials the export of which the 

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of 

the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of 

State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in 

accordance with 25.703-4, by submission of its offer, the offeror--

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any 

sensitive technology to the government of Iran or any entities or individuals owned or 

controlled by, or acting on behalf or at the direction of, the government of Iran; 

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not 

engage in any activities for which sanctions may be imposed under section 5 of the Iran 

Sanctions Act. These sanctioned activities are in the areas of development of the petroleum 

resources of Iran, production of refined petroleum products in Iran, sale and provision of 

refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop 

certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not 

knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard 

Corps or any of its officials, agents, or affiliates, the property and interests in property of 

which are blocked pursuant to the International Emergency Economic Powers Act (50 

U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List 

at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx ).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the 

certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 

52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated 

country end products or designated country construction material.

(End of provision)

452.228-70 Alternative Forms of Security (Nov 1996)

If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn 

payable to: USDA/CCC (Applicable for contracts that require a performance bond.)

52.232-15 Progress Payments Not Included (Apr 1984)

A progress payments clause is not included in this solicitation, and will not be added to the resulting 

contract at the time of award. Bids conditioned upon inclusion of a progress payment clause in the 

resulting contract will be rejected as nonresponsive.

(End of Provision)

52.233-2 Service of Protest (Sep 2006)
53

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed 

directly with an agency, and copies of any protests that are filed with the Government 

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as 

follows) by obtaining written and dated acknowledgment of receipt from 

______________________. [Contracting Officer designate the official or location where a 

protest may be served on the Contracting Officer.]

(b) The copy of any protest shall be received in the office designated above within one day of 

filing a protest with the GAO.

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force 

and effect as if they were given in full text. Upon request, the Contracting Officer will make their 

full text available. The offeror is cautioned that the listed provisions may include blocks that must 

be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full 

text of those provisions, the offeror may identify the provision by paragraph identifier and provide 

the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 

may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

[Insert one or more Internet addresses]

(End of Provision)