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: December 21, 2022
MSCP-I Updates included in this version, (i.e., changes from the June 17, 2021 version)

General Updates

Page Text Change

11 “This version of the Master Solicitation incorporates FAR 

provisions and clauses in effect through ______” 

Updated from FAC 2021-05 to FAC 

2022-08.

Contract Clauses Updated

Clause Number Clause Name Change

52.203-13 Contractor Code of Business Ethics and 

Conduct

References to “commercial item” were changed to 

“commercial products or commercial services”. 

52.204-25 Prohibition on Contracting for Certain 

Telecommunications and Video 

Surveillance Services or Equipment

References to “commercial item” were changed to 

“commercial products or commercial services”. 

52.209-6 Protecting the Government’s Interest 

When Subcontracting with Contractors 

Debarred, Suspended, or Proposed for 

Debarment

References to “commercial item” were changed to 

“commercial product or commercial services”.

4A52.219-70 The HUBZone Program Deleted. This paragraph included references to the 

HUBZone domestic procurements and is replaced with 

4A52.219-91 that only references the international 

HUBZ process.

4A52.219-91 The HUBZone Program Added. Replaces 4A52.219-70 The HUBZone Program. 

Removes paragraph related to the domestic HUBZone 

program.

52.219-3 Notice of HUBZone Set-Aside or Sole 

Source Award

Added definition for “HUBZone small business 

concern”.

52.219-9 Small Business Subcontracting Plan The definition for Commercial Item removed. 

References to “commercial items” changed to 

“commercial products or commercial services”. 

Definitions for Commercial Products and Commercial 

Services added.

52.219-14 Limitations on Subcontracting Added definition for “Similarly situated entity”. 

Changed references from “small business concerns or 

8(a) participants” to “any of the small business 

concerns identified in 19.000(a)(3)”. Revised

“Applicability” paragraph. Defined “Independent 

Contractors”. Revised limitations of subcontracting for 

“Services”, “Supplies”, “General construction”, and 

“Construction by special trade contractors”.

52.219-16 Liquidated Damages-Subcontracting 

Plan

Adds the reference for subcontracting plans “(see 

19.705-7)” to paragraph (b).

52.219-27 Notice of Service-Disabled VeteranOwned Small Business Set-AsideDeleted paragraphs (d) and (e) related to limitations on 

Subcontracting.

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

Deleted paragraphs (d) and (e) related to limitations on 

Subcontracting and paragraph (f)(4) referencing 

paragraph (d) deleted. The reference in (d)(1) to 

“NAICS” changed to “North American Classification 
System”. Paragraph (f) Joint Venture changed to 

Paragraph (d). 

52.222-54 Employment Eligibility Verification Changes website address in paragraph (c) from 

“http//www.dhs.gov/E-Verify.gov/E-Verify” to 

https://www.e-Verify.gov. Reference to “Commercial 

or noncommercial services” in paragraph (e)(1) 

changed to “Services”.

52.225-3 Buy American Act-Free Trade 

Agreements-Israeli Trade Act

Under paragraph (1)(i) for definition of “Commercially 

available off-the-Shelf (COTS) item” changed reference 

from “commercial Item” to “commercial product”.

52.232-40 Providing Accelerated Payments to 

Small Businesses Subcontractors

References to “commercial items” were changed to 

“commercial products or commercial service services”.

52.244-6 Subcontracts for Commercial Items Paragraph (a) changed referenced definition from 

“Commercial Item and commercially available off-theshelf item” to “Commercial product, commercial 

service, or commercially available off-the-shelf item”.

References to “commercial items” changed to 

“commercial products or commercial services”.

4A52.246-91 Acceptance Added “The Government reserves the right to reject, 

in total or in part, manufacturers lots, sub-lots, 

production dates or the like when non-conforming 

product is identified.”

Solicitation Provisions Updated

Provision 

Number

Provision Name Change

52.204-7 System for Award Management Added

52.204-8 Annual Representations and 

Certifications

Paragraph (a)(3) adds paragraphs (i), (ii), and (iii) to 

indicate that the small business size standard for any 

business that is providing an offer under specific 

socioeconomic set-aside categories (except for 

construction or service contracts) for items they did not 

directly produce is 500 employees. 

The prescription for 52.219-2 Equal Low Bids is 

expanded to include “the contract is for supplies to be 

delivered or services to be performed in the United 

States or it’s outlying areas, or when the Contracting 

Officer has applied part 19 in accordance with 

19.000(b)(1)(ii).

References to “commercial item” were changed to 

“commercial product or commercial services”.

One of the dollar range values in the prescription for 

52.225-4 Buy American-Free Trade Agreements-Israeli 

Trade Act Certificate, paragraphs (C) and (D) changes 

from $83,099 to $92,319.
52.204.24 Representations Regarding Certain 

Telecommunications and Video 

Surveillance Services or Equipment

References to “commercial items” were changed to 

“commercial products or commercial service services”.

52.225-4 Buy American Act-Free Trade 

Agreements-Israeli Tract Act Certificate

Added paragraph (a) where Offeror certifies that end 

products they have not specifically listed are domestic 

end products.
AMS Master Solicitation for Commodity Procurements – International Programs (MSCP-I) 

for International Food Assistance Program Purchases

Effective Date: December 21, 2022

GENERAL INFORMATION .................................................................................................. 9

CONTRACT CLAUSES........................................................................................................ 10

52.202-1 Definitions (Jun 2020) ............................................................................................ 10

4A52.202-90 Additional Definitions Applicable to this Solicitation (June 2021) ................. 10

52.203-3 Gratuities (Apr 1984) .............................................................................................. 11

52.203-5 Covenant against Contingent Fees (May 2014) ...................................................... 11

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) ...................... 11

52.203-7 Anti-Kickback Procedures (Jun 2020) .................................................................... 11

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

2014) ....................................................................................................................................... 11

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) ................ 11

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) .. 11

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)............................. 11

52.203-14 Display of Hotline Poster(s) (Jun 2020) ............................................................... 12

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

Whistleblower Rights (Jun 2020) ........................................................................................... 12

52.204-4 Printed or Copied Double-Sided or Postconsumer Fiber Content Paper (May 2011)12

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jun 2020)12

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance 

Services or Equipment (Nov 2021) ........................................................................................ 15

52.209-1 Qualification Requirements (Feb 1995) .................................................................. 17

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

Suspended, or Proposed for Debarment (Nov 2021) ............................................................. 18

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

 ................................................................................................................................................ 18

4A52.211-70 Delivery Instructions (June 2021) .................................................................... 19

4A52.211-72 Regulatory Requirements for Commodities and Packaging (June 2021) ........ 19

52.211-5 Material Requirements (Aug 2000) ......................................................................... 20

4A52.211-91 Compensation for Delays in Delivery (June 2021) .......................................... 20

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

 ................................................................................................................................................ 20

4A52.211-91 Carrying Charges (June 2021) ......................................................................... 21
52.211-16 Variation in Quantity (Apr 1984) ......................................................................... 22

4A52.211-74 Period of Performance (June 2021) ................................................................. 22

4A52.214-90 Place of Performance (June 2021) ................................................................... 22

52.214-26 Audit and Records—Sealed Bidding (Jun 2020) .................................................. 23

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

2020) ....................................................................................................................................... 23

52.214-28 Subcontractor Cost or Pricing Data—Modifications—Sealed Bidding (Jun 2020)23

4A52.214-91 Order of Precedence (June 2021) ..................................................................... 23

4A52.219-90 The 8(a) Program (June 2021) ......................................................................... 23

4A52.219-91 The HUBZone Program (Aug 2022) ............................................................... 23

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (Sep 2021) ........................ 24

52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) .......................................... 25

52.219-7 Notice of Partial Small Business Set-Aside (Nov 2020) ........................................ 25

52.219-8 Utilization of Small Business Concerns (Oct 2018) ............................................... 25

52.219-9 Small Business Subcontracting Plan (Nov 2021) Alternate 1 ................................ 25

52.219-14 Limitations on Subcontracting (Sep 2021) ........................................................... 25

52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021) ......................................... 27

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021)27

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. (Sep 2022) ............ 28

52.222-1 Notice to the Government of Labor Disputes (Feb 1997) ...................................... 29

52.222-3 Convict Labor (Jun 2003) (Applicable for contracts exceeding $3,000.) ............... 29

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

 ................................................................................................................................................ 29

52.222-21 Prohibition of Segregated Facilities (April 2015) ................................................. 29

52.222-26 Equal Opportunity (Sep 2016) .............................................................................. 29

52.222-35 Equal Opportunity for Veterans (Jun 2020) .......................................................... 29

52.222-36 – Equal Opportunity for Workers With Disabilities. (Jun 2020) .......................... 29

52.222-37 Employment Reports on Veterans (Jun 2020) ...................................................... 30

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

 ................................................................................................................................................ 30

52.222-54 Employment Eligibility Verification (May 2022) ................................................ 30

52.223-6 Drug-Free Workplace (May 2001) ......................................................................... 30

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

 ................................................................................................................................................ 30

4A52.225-70 U.S. Origin Product (June 2021) ...................................................................... 30

4A52.225-71 U.S. Origin of Agricultural Commodities - Waiver for Certain Ingredients (June 2021)

 ................................................................................................................................................ 31
52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2021) ........... 32

52.225-5 Trade Agreements (Oct 2019) ................................................................................ 32

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) ......................................... 32

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ............ 32

52.228-2 Additional Bond Security (Oct 1997) ..................................................................... 32

52.228-11 Pledge of Assets (Feb 2021) ................................................................................. 32

52.228-14 Irrevocable Letter of Credit (Nov 2014) ............................................................... 32

52.229-3 Federal, State, and Local Taxes (Feb 2013) ........................................................... 32

52.232-1 Payments (Apr 1984) .............................................................................................. 32

4A52.232-90 Contractor Expenses (June 2021) .................................................................... 32

4A52.232-90 Electronic Invoicing (June 2021) ..................................................................... 33

52.232-11 Extras (Apr 1984) ................................................................................................. 35

52.232-17 Interest (May 2014) ............................................................................................... 35

52.232-23 Assignment of Claims (May 2014) ....................................................................... 35

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

 ................................................................................................................................................ 36

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) .................................. 36

52.232-40 Providing Accelerated Payments to Small Businesses Subcontractors (Nov 2021)36

52.233-1 Disputes (May 2014) ............................................................................................... 36

52.233-3 Protest after Award (Aug 1996) .............................................................................. 36

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) ..................................... 36

52.242-13 Bankruptcy (Jul 1995) ........................................................................................... 36

52.242-15 Stop-Work Order (Aug 1989) ............................................................................... 36

52.242-17 Government Delay of Work (Apr 1984) ............................................................... 36

52.243-1 Changes-Fixed Price (Aug 1987) ............................................................................ 36

52.244-6 Subcontracts for Commercial Items (Jan 2022) .................................................... 36

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) ................................................... 36

52.246-11 Higher-Level Contract Quality Requirement (Dec 2014) .................................... 37

52.246-16 Responsibility for Supplies (Apr 1984) ................................................................ 37

4A52.246-90 Risk of Loss (June 2021) ................................................................................. 38

4A52.246-91 Acceptance (June 2021) ................................................................................... 38

4A52.247-90 Seals on Transportation Conveyances (June 2021) ......................................... 38

52.247-34 F.o.b. Destination (Nov 1991) .............................................................................. 39

4A52.247-90 Miscellaneous Contract Requirements for F.o.b. Vessel Delivery (June 2021)39

52.247-58 Loading, Blocking, and Bracing of Freight Car Shipments (Apr 1984) ............... 40

452.247-70 Delivery Location (Feb 1988) ............................................................................. 40
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

 ................................................................................................................................................ 40

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) ......... 40

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) ........................................... 40

52.252-2 Clauses Incorporated by Reference (Feb 1998) ...................................................... 40

52.252-4 Alterations in Contract (Apr 1984) ......................................................................... 40

52.253-1 Computer Generated Forms (Jan 1991) .................................................................. 41

Solicitation Provisions ............................................................................................................ 42

52.204-7 System for Award Management (Oct 2018) ........................................................... 42

452.204-70 Inquiries (Feb 1988) ............................................................................................ 43

52.204-8 Annual Representations and Certifications (May 2022) ......................................... 43

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services 

or Equipment (Nov 2021) ...................................................................................................... 46

4A52.209-90 Past Performance with Regard to Offeror’s Present Responsibility (June 2021)49

52.209-5 Certification Regarding Responsibility Matters (Aug 2020) .................................. 49

52.209-7 Information Regarding Responsibility Matters (Oct 2018) .................................... 51

4A52.214-70 Electronic Submission of Bids (June 2021) ..................................................... 52

52.214-3 Amendments to Invitations for Bid (Dec 2016) ..................................................... 52

52.214-4 False Statements in Bids (April 1984) .................................................................... 53

52.214-5 Submission of Bids (Dec 2016) .............................................................................. 53

52.214-10 Contract Award—Sealed Bidding (July 1990) ..................................................... 53

4A52.214-92 Contract Award – Application of Lowest Landed Cost (June 2021) ............... 54

52.214-12 Preparation of Bids (Apr 1984)............................................................................. 54

452.214-15 Period of Acceptance of Bids ............................................................................. 54

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990) ........................................... 55

52.214-31 Facsimile Bids (Dec 1989).................................................................................... 55

52.214-34 Submission of Offers in the English Language (Apr 1991) ................................. 56

52.214-35 Submission of Offers in U.S. Currency (Apr 1991) ............................................. 56

452.219-70 Size Standard and NAICS Code Information ..................................................... 56

52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation (Feb 1999) ........ 57

52.225-6 Trade Agreements Certificate (Feb 2021) ........................................................... 58

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

Relating to Iran - Representation and Certifications (Jun 2020) ............................................ 58

452.228-70 Alternative Forms of Security (Nov 1996) ......................................................... 59

52.232-15 Progress Payments Not Included (Apr 1984) ....................................................... 60

52.233-2 Service of Protest (Sep 2006) ................................................................................. 60

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) ............................... 60
MSCP-I 9 

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 Contract 

Opportunities domain on www.sam.gov. 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; 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/browse/index/far. 

Commodities purchased by AMS must be a product of the United States (see clause 4A52.225-70, 

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. 
MSCP-I 10 

This version of the Master Solicitation incorporates 

FAR provisions and clauses in effect through FAC 2022-08.

CONTRACT CLAUSES

52.202-1 Definitions (Jun 2020) 

4A52.202-90 Additional Definitions Applicable to this Solicitation (June 2021) 

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

commodities produced in the United States. A product shall not 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, wharf 

age, 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, unsowed and untrimmed, on board the designated conveyance at 

the USDA- approved 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 Government loaded on board 

the carrier-supplied conveyance at the origin point. 

(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-approved warehouse.

(k) “Lowest-landed cost,” means the lowest combined cost of commodity and ocean 
MSCP-I 11

freight to deliver a commodity to an overseas destination while adhering to cargo 

preference statutes andregulations.

(l) “Packaging and containers” include 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.

(End of clause)

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 (Jun 2020) 

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

52.203-7 Anti-Kickback Procedures (Jun 2020) 

[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 (Jun 2020)

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

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)
MSCP-I 12 

[Applicable for contracts with values expected to exceed $6.0 million, and with a Performance 

period of 120 days or more.] 

52.203-14 Display of Hotline Poster(s) (Jun 2020) 

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

contract value is expected to exceed $6.0 million.] 

(a) Definition.

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

outlying areas. 

(b) 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 contract work 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

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

(2) Additionally, if the Contractor maintains a company website as a method of 

providing information to employees, the Contractor shall display an electronic 

version of the poster(s) at the website.

(3) Any required posters may be obtained as follows: 

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 

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

including a reporting mechanism, such as a hotline 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.

(d) 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 

(2) Is performed entirely outside the United States. 

(End of clause)

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

of Whistleblower Rights (Jun 2020) 

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 Jun 2020) 

[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 
MSCP-I 13 

contract. It does not include the Contractor’s supplier agreements with vendors, such as longterm 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— 

(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.) 
MSCP-I 14 

(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 valued at or above the threshold specified in 

FAR 4.1403(a) on the date of subcontract award, the Contractor shall report the 

following information at 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 valued at or above the threshold specified in FAR 4.1403(a) on the date of 

subcontract award, 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

(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 

below the threshold specified in FAR 4.1403(a), on the date of subcontract award to 

avoid the reporting requirements in paragraph (d) of this clause.
MSCP-I 15 

(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. 

(h) 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) 

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video 

Surveillance Services or Equipment (Nov 2021) 

 (a) Definitions. As used in this clause— 

 Backhaul means intermediate links between the core network, or backbone network, and the 

small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core 

telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial 

cable, Ethernet). 

 Covered foreign country means The People’s Republic of China. 

 Covered telecommunications equipment or services means– 

 (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE 

Corporation (or any subsidiary or affiliate of such entities); 

 (2) For the purpose of public safety, security of Government facilities, physical security 

surveillance of critical infrastructure, and other national security purposes, video surveillance and 

telecommunications equipment produced by Hytera Communications Corporation, Hangzhou 

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or 

affiliate of such entities);

 (3) Telecommunications or video surveillance services provided by such entities or using 

such equipment; or 

 (4) Telecommunications or video surveillance equipment or services produced or provided 

by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence 

or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or 

controlled by, or otherwise connected to, the government of a covered foreign country. 

 Critical technology means– 

 (1) Defense articles or defense services included on the United States Munitions List set 

forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, 

Code of Federal Regulations; 

 (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 

of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of 

Federal Regulations, and controlled- 

 (i) Pursuant to multilateral regimes, including for reasons relating to national security, 

chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or 

 (ii) For reasons relating to regional stability or surreptitious listening;
MSCP-I 16 

 (3) Specially designed and prepared nuclear equipment, parts and components, materials, 

software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to 

assistance to foreign atomic energy activities);

 (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of 

Federal Regulations (relating to export and import of nuclear equipment and material); 

 (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 

121 of title 9 of such Code, or part 73 of title 42 of such Code; or 

 (6) Emerging and foundational technologies controlled pursuant to section 1758 of the 

Export Control Reform Act of 2018 (50 U.S.C. 4817). 

 Interconnection arrangements means arrangements governing the physical connection of two or 

more networks to allow the use of another's network to hand off traffic where it is ultimately 

delivered (e.g., connection of a customer of telephone provider A to a customer of telephone 

company B) or sharing data and other information resources. 

 Reasonable inquiry means an inquiry designed to uncover any information in the entity's 

possession about the identity of the producer or provider of covered telecommunications equipment 

or services used by the entity that excludes the need to include an internal or third-party audit. 

 Roaming means cellular communications services (e.g., voice, video, data) received from a 

visited network when unable to connect to the facilities of the home network either because signal 

coverage is too weak or because traffic is too high. 

 Substantial or essential component means any component necessary for the proper function or 

performance of a piece of equipment, system, or service.

 (b) Prohibition. 

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for 

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 

13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any 

equipment, system, or service that uses covered telecommunications equipment or services as a 

substantial or essential component of any system, or as critical technology as part of any system. 

The Contractor is prohibited from providing to the Government any equipment, system, or service 

that uses covered telecommunications equipment or services as a substantial or essential component 

of any system, or as critical technology as part of any system, unless an exception at paragraph (c) 

of this clause applies or the covered telecommunication equipment or services are covered by a 

waiver described in FAR 4.2104. 

 (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for 

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 

13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses 

any equipment, system, or service that uses covered telecommunications equipment or services as a 

substantial or essential component of any system, or as critical technology as part of any system, 

unless an exception at paragraph (c) of this clause applies or the covered telecommunication 

equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to 

the use of covered telecommunications equipment or services, regardless of whether that use is in 

performance of work under a Federal contract. 

 (c) Exceptions. This clause does not prohibit contractors from providing— 

 (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or 

interconnection arrangements; or 

 (2) Telecommunications equipment that cannot route or redirect user data traffic or permit 

visibility into any user data or packets that such equipment transmits or otherwise handles. 

 (d) Reporting requirement. 
MSCP-I 17 

(1) In the event the Contractor identifies covered telecommunications equipment or services 

used as a substantial or essential component of any system, or as critical technology as part of any 

system, during contract performance, or the Contractor is notified of such by a subcontractor at any 

tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this 

clause to the Contracting Officer, unless elsewhere in this contract are established procedures for 

reporting the information; in the case of the Department of Defense, the Contractor shall report to 

the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to 

the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any 

affected order or, in the case of the Department of Defense, identify both the indefinite delivery 

contract and any affected orders in the report provided at https://dibnet.dod.mil. 

 (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this 

clause

 (i) Within one business day from the date of such identification or notification: the 

contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier 

(if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model 

number (original equipment manufacturer number, manufacturer part number, or wholesaler 

number); item description; and any readily available information about mitigation actions 

undertaken or recommended. 

 (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this 

clause: any further available information about mitigation actions undertaken or recommended. In 

addition, the Contractor shall describe the efforts it undertook to prevent use or submission of 

covered telecommunications equipment or services, and any additional efforts that will be 

incorporated to prevent future use or submission of covered telecommunications equipment or 

services.

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

paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, 

including subcontracts for the acquisition of commercial products or commercial services.

(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.
MSCP-I 18 

New Vendor/Small Business Coordinator 

USDA, AMS Commodity Procurement Program 

NewVendor@ams.usda.gov

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

webpage, or contact the Contracting Officer.

(c) Not applicable.

(d) 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. 

(e) 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. 

(f) 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 (Nov 2021) 

[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; 
MSCP-I 19

(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 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)

4A52.211-70 Delivery Instructions (June 2021)

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)

4A52.211-72 Regulatory Requirements for Commodities and Packaging (June 2021)

(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 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 
MSCP-I 20 

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) 

4A52.211-91 Compensation for Delays in Delivery (June 2021) 

(a) If a Contractor determines that it will not be able to deliver the commodity by the NotLater-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, as identified in the default clause, the Contractor is 

required to submit a request for an extension of the delivery date. Failure to submit a 

request for an extension will result in liquidated damages being assessed. See clause 

52.211-11, of the Master Solicitation. No extension will be granted due to weekends or 

Federal holidays. 

(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) 

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 of delay.
MSCP-I 21 

Commodity Liquidated Damages USDA Commodity 

Requirement Rate 

Per Net 

Weight 

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—FixedPrice 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.

(c) The Contractor will not be charged with liquidated damages when the delay in 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.

(End of clause) 

4A52.211-91 Carrying Charges (June 2021) 

(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 
MSCP-I 22 

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 which the delivery period is exceeded through the date the vessel 

presents the notice of readiness as follows: 

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 of 1 percent of the f.o.b. 

price for each day beyond 8 days. 

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

weighted average of the contract prices.

(End of clause) 

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.

(End of clause) 

4A52.211-74 Period of Performance (June 2021) 

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

(End of clause) 

4A52.214-90 Place of Performance (June 2021) 

(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. 
MSCP-I 23

(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 (Jun 2020)

[Applicable for contracts exceeding $750,000.]

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

(Jun 2020)

[Applicable for contracts exceeding $750,000.]

52.214-28 Subcontractor Cost or Pricing Data—Modifications—Sealed Bidding (Jun 2020)

[Applicable for contracts exceeding $750,000.]

4A52.214-91 Order of Precedence (June 2021)

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 Commodity Requirements

(e) Other documents, exhibits, andattachments

(End of clause)

4A52.219-90 The 8(a) Program (June 2021)

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)

4A52.219-91 The HUBZone Program (Aug 2022)

(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.
MSCP-I 24

(b) For agricultural commodities procured on the basis of full and open competition 

for international food aid programs, 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.

(1) The price evaluation preference shall be—

(i) 5 percent, for the portion of a contract to be awarded that is not greater 

than 20 percent of the total volume being procured for each commodity in 

a single invitation; and

(ii) 0 percent for the portion of a contract to be awarded that is greater than 

20 percent of the total volume being procured for each commodity in a 

single invitation. 

(End of clause)

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (Sep 2021)

(a) Definitions. HUBZone small business concern, as used in this clause, means a small 

business concern, certified by the Small Business Administration (SBA), that 

appears on the List of Qualified HUBZone Small Business Concerns maintained by 

the SBA (13 CFR 126.103).

(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;

(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); and 

(4) Orders issued directly to HUBZone small business concerns under multiple-award 

contracts as described in 19.504(c)(1)(ii).

(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) Limitations on subcontracting. The Contractor shall spend—

 (1) For services (except construction), at least 50 percent of the cost of contract 

performance incurred for personnel on its own employees or employees of other HUBZone 

small business concerns;

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

percent of the cost of manufacturing, excluding the cost of materials, on the concern or other 

HUBZone small business concerns;

 (3) For general construction—

 (i) At least 15 percent of the cost of contract performance incurred for personnel on its 

own employees;

 (ii) At least 50 percent of the cost of the contract performance incurred for personnel on 

its own employees or on a combination of its own employees and employees of 

HUBZone small business concern subcontractors; and
MSCP-I 25

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

on concerns that are not HUBZone small business concerns; or

 (4) For construction by special trade contractors—

 (i) At least 25 percent of the cost of contract performance incurred for personnel on its 

own employees;

 (ii) At least 50 percent of the cost of the contract performance incurred for personnel on 

its own employees or on a combination of its own 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 small business contractor shall comply with the limitations on subcontracting 

as follows:

 (1) For contracts, in accordance with paragraph (b)(1) or (2) of this clause—

 [Contracting Officer check as appropriate.]

 _ By the end of the base term of the contract and then by the end of each subsequent option 

period; or

 _ By the end of the performance period for each order issued under the contract.

 (2) For orders, in accordance with paragraph (b)(3) or (4) of this clause, by the end of the 

performance period for the order.

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

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

the HUBZone small business participants.

(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 2020)

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

52.219-7 Notice of Partial Small Business Set-Aside (Nov 2020)

[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 (Nov 2021) Alternate 1

[Applicable for contracts exceeding $750,000.]

52.219-14 Limitations on Subcontracting (Sep 2021) 

(a) This clause does not apply to the unrestricted portion of a partial set-aside.
MSCP-I 26 

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, 

including an independent contractor, that— 

(1) Has the same small business program status as that which qualified the prime 

contractor for the award (e.g., for a small business set-aside contract, any small 

business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry 

Classification System (NAICS) code the prime contractor assigned to the subcontract.

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

(1) Contracts that have been set aside for any of the small business concerns identified in 

19.000(a)(3); 

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

concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 

19.8, 19.13, 19.14, and 19.15; 

(4) Orders expected to exceed the simplified acquisition threshold and that are— 

(i) Set aside for small business concerns under multiple-award contracts, as described 

in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as 

described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multipleaward contracts, as described in https://www.acquisition.gov/far/8.405-

5 and https://www.acquisition.gov/far/16.505 (b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in 

subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described 

in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone 

small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the 

Contractor agrees that in performance of a contract assigned a North American Industry 

Classification System (NAICS) code for – 

(1) Services (except construction), it will not pay more than 50 percent of the amount paid 

by the Government for contract performance to subcontractors that are not similarly 

situated entities. Any work that a similarly situated entity further subcontracts will 

count towards the prime contractor's 50 percent subcontract amount that cannot be 

exceeded. When a contract includes both services and supplies, the 50 percent 

limitation shall apply only to the service portion of the contract; 

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will 

not pay more than 50 percent of the amount paid by the Government for contract 

performance, excluding the cost of materials, to subcontractors that are not similarly 

situated entities. Any work that a similarly situated entity further subcontracts will 

count towards the prime contractor's 50 percent subcontract amount that cannot be 

exceeded. When a contract includes both supplies and services, the 50 percent 

limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the 

Government for contract performance, excluding the cost of materials, to 

subcontractors that are not similarly situated entities. Any work that a similarly 
MSCP-I 27 

situated entity further subcontracts will count towards the prime contractor's 85 

percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the 

amount paid by the Government for contract performance, excluding the cost of 

materials, to subcontractors that are not similarly situated entities. Any work that a 

similarly situated entity further subcontracts will count towards the prime contractor's 

75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows: 

(1) For contracts, in accordance with paragraph (c)(1), (2), and (6) of this clause—

[Contracting Officer check as appropriate.] 

_ By the end of the base term of the contract and then by the end of each subsequent 

option period; or 

_ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of 

the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage 

specified in paragraph (e) of this clause will be performed by the aggregate of the joint 

venture participants.

(End of clause)

52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021) 

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) 

(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 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; 

(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); and

(4) Orders issued directly to service-disabled veteran-owned small business concerns under 

multiple-award contracts as described in 19.504(c)(1)(ii). 

(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. 
MSCP-I 28 

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

concern if- 

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

business concern, and makes the following representations: 

(i) That it is a service-disabled veteran-owned small business concern, and 

(ii) 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; 

 (3) The joint venture meets the requirements of 13 CFR 121.103(h); and

 (4) The joint venture meets the requirements of 13 CFR125.15(b) 

 (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. (Sep 2022) 

(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 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; 

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

(4) Orders issued directly to WOSB concerns eligible under the WOSB Program under 

multiple-award contracts as described in 19.504(c)(1)(ii). 

(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. 

(d) 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 North American Industry 

Classification 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;
MSCP-I 29

(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; and

(4) The Contracting Officer executes the contract in the name of the WOSB concern 

eligible under the WOSB Program or joint venture.

(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 (Mar 2018)

[Applicable for contracts exceeding $150,000.]

52.222-21 Prohibition of Segregated Facilities (April 2015)

52.222-26 Equal Opportunity (Sep 2016)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

(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 valued 

at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, 

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.

(End of clause)

52.222-36 – Equal Opportunity for Workers With Disabilities. (Jun 2020)

(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 
MSCP-I 30

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 the threshold specified in Federal Acquisition Regulation 

(FAR) 22.1408(a) on the date of subcontract award, 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.

(End of clause)

52.222-37 Employment Reports on Veterans (Jun 2020)

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 (May 2022)

52.223-6 Drug-Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

4A52.225-70 U.S. Origin Product (June 2021)

(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 4A52.225-71 U.S. Origin of Agricultural Commodities – Waiver for Certain 

Ingredients 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 
MSCP-I 31 

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. 

(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) 

4A52.225-71 U.S. Origin of Agricultural Commodities - Waiver for CertainIngredients (June 

2021) 

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 the cost 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
MSCP-I 32

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%

(End of clause)

52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2021)

[Applicable for contracts valued at $25,000 or more but less than $183,000 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 (Oct 2019)

[Applicable for contracts valued at $183,000 or more, if the acquisition is covered by the WTO 

GPA (see subpart 25,4) and the agency has determined that the restrictions of the Buy American 

statute are not applicable to U.S.-made end products 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 (Feb 2021)

[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 (Jun 2020)

52.228-2 Additional Bond Security (Oct 1997)

[Applicable for contracts that require a performance bond.]

52.228-11 Pledge of Assets (Feb 2021)

[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)

4A52.232-90 Contractor Expenses (June 2021)

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)
MSCP-I 33 

4A52.232-90 Electronic Invoicing (June 2021) 

Electronic invoicing is authorized and required for this contract.

(a) Contractor’s Advance Shipment Notice (ASN) as invoice. The ASN entered in WBSCM 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 (outlined in 

paragraphs (a) through (e) below): 

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

occurring at final contracted destination: 

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
MSCP-I 34 

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

ink signature and lot number”; or 

(b) 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 following table:

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.

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). 

(b) 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 is required; 

(6) FGIS Vomitoxin Certificate, if Vomitoxin testing is required; 

(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 
MSCP-I 35 

representative, if required. 

(c) For f.o.b. vessel shipments - bulk oils and tallow, the contractor shall submit the 

following proof of delivery and/or inspection documents.

(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's letterhead, which includes 

(a) The following certification:

“The undersigned hereby certifies that the chemical analysis certificate was 

issued as a result of the analysis of samples taken by 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. 

(d) 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 document signed by the unloader and receiver showing 

count and over, short and damage. 

(e) For Instore delivery

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

documents: 

(1) Description, quantity, unit of measure, unit price and extended price of the 

items delivered;

(2) Form KC-228 or negotiable warehouse receipts.

(End of clause) 

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. 

(End of clause) 
MSCP-I 36

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

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 

(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 (Nov 2021)

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 2022)

[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.
MSCP-I 37 

(End of clause) 

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 Service Provision 

7.6, Control, Monitoring and Measuring Devices 

8.0, Measurement, Analysis and Improvement 

AMS uses the Federal Grain and Inspection Service (FGIS) Quality Assurance Program for 

monitoring contractor compliance with standards. Information concerning this program can 

found at the website: https://www.ams.usda.gov/services/fgis/osp/quality-assurance

(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 advanced metrology. 

(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) 
MSCP-I 38 

4A52.246-90 Risk of Loss (June 2021) 

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 

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. 

(a) 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. 

(b) 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) 

4A52.246-91 Acceptance (June 2021) 

Formal acceptance shall occur when the Government approves the invoice for payment. The 

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

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

(End of clause) 

4A52.247-90 Seals on Transportation Conveyances (June 2021)

(a) Suppliers of commodities, products and/or services—under the supervision of a USDA-AMS 

certification agent, when applicable—shall be responsible for placing a seal(s) on all cargo doors of 

each transportation conveyance upon completion of loading, partial unloading, inspection, or 

servicing. 

(b) Seals must meet the American Society for Testing and Materials (ASTM) Standard, (F-1157-04, 

and/or the International Organization for Standards (ISO) 17712-2013. Seals shall be 1/8-inch 

diameter cable, high security bolt, barrier-type, or equivalent device which can only be removed by 

bolt cutter type tools. Seals shall be sequentially numbered. The contractor or its agent shall provide 

a sufficient number of barrier-type seals to ensure security of the load while in route through final 

destination. (Suppliers of commodities, products and/or services shall be responsible for placing 
MSCP-I 39 

seal(s) on all doors of each transportation conveyance upon completion of loading or servicing 

(multi-stop)). 

(c) The seal numbers shall be documented on the Bill of Lading, and shipment manifest, certificate, 

or other delivery documents, as applicable, which must be signed or acknowledged by the carrier or 

its agent. 

(d) It will be the responsibility of the Contractor to provide sufficient number of seals to the carrier 

service and to ensure that the trailer is sealed after each delivery location (when destined for 

multiple recipients). The seal number must be recorded on the appropriate delivery document and 

correspond with the applied seal at the time of arrival at the next destination. 

(e) When making deliveries to more than one destination from the same railcar, the quantities 

required at each stop off must be placed in separate compartments under seal. 

(f) Deliveries will be rejected, in which seals have not been used to secure all cargo doors, if: 

• the seal listed on the Bill of Lading does not match the seal number recorded on the Bill of 

Lading; 

• the seal is broken; 

• the seal is missing, or 

• the seal has been removed prior to the transportation conveyance reaching its unloading point. 

(g) A rejected conveyance will only be accepted after a Condition of Container Inspection has been 

performed by Agricultural Marketing Services (AMS) or Federal Grain Inspection Service (FGIS). 

AMS or FGIS must subsequently issue a Certificate of Quality and Condition that documents that 

the Condition of Container meets the applicable U.S. Standards for Condition of Food Containers. 

If this inspection is performed at a location other than the contracted delivery point all cargo doors 

must be sealed and the seal numbers documented by the Federal Inspection Agency on the 

Certificate. 

(h) For frozen products, if the load is rejected by the recipient agency, the Contractor shall return 

the load to its plant and have the product re-inspected for condition of container, and condition of 

the product, and reseal the truck in the presence of the USDA, AMS agent. The new seal number 

must be recorded, and a new certificate for condition of container must be issued and presented to 

the recipient agency. The Contractor is responsible for all costs (freight, re-inspection fees, etc.) 

associated with the rejected loads 

(1) Conditions of Container Inspections arrangements are available by accessing the AMS website 

at: 

https://www.ams.usda.gov/services/sci-contacts 

Please select AMS Federal Inspection Offices at: 

https://www.ams.usda.gov/services/sci-contacts/field-inspection-offices 

(2) The Contractor is responsible for payment of all fees incurred as a result of a Condition of 

Container Inspection. 

(End of clause) 

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

4A52.247-90 Miscellaneous Contract Requirements for F.o.b. Vessel Delivery (June 2021) 

(a) The Government will furnish the contractor at least ten (10) days advance notice of vessel 

readiness, unless stated otherwise in the IFB.

(b) Contractor must forward original Mate’s Receipt to the Government’s representative 

within 48 hours after completion of vessel loading. 

(c) If multiple contracts are awarded on an IFB to the same contractor who has designated the 

same loading berth, the contractor shall complete loading in one continuous berthing. If 
MSCP-I 40 

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.

(d) 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.

(e) 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 default clause of this contract. 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. 

(f) The contractor shall submit Advance Shipping Notifications (ASNs) in WBSCM within 

24 hours of completion of vessel loading. 

(End of clause) 

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. 

(End of clause) 

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: 

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

https://www.acquisition.gov/agar 

 (End of clause) 

52.252-4 Alterations in Contract (Apr 1984) 
MSCP-I 41

52.253-1 Computer Generated Forms (Jan 1991)
MSCP-I 42 

Solicitation Provisions 

52.204-7 System for Award Management (Oct 2018) 

(a) Definitions. As used in this provision— 

 "Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity

identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government 

entity to establish additional System for Award Management records for identifying 

alternative EFT accounts (see subpart 32.11) for the same entity.

 Registered in the System for Award Management (SAM) means that– 

 (1) The Offeror has entered all mandatory information, including the unique entity

identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE)

code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 

(see subpart 4.14) into SAM

 (2) The offeror has completed the Core, Assertions, and Representations and 

Certifications, and Points of Contact sections of the registration in SAM; 

 (3) The Government has validated all mandatory data fields, to include validation of 

the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). 

The offeror will be required to provide consent for TIN validation to the Government as a part of 

the SAM registration process; and

 (4) The Government has marked the record "Active".

 Unique entity identifier means a number or other identifier used to identify a specific 

commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for 

establishing unique entity identifiers. 

 (b) 

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, 

and shall continue to be registered until time of award, during performance, and through final 

payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing 

agreement resulting from this solicitation. 

 (2) The Offeror shall enter, in the block with its name and address on the cover page of 

its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that 

identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter 

its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting 

Officer to verify that the Offeror is registered in the SAM. 

 (c) If the Offeror does not have a unique entity identifier, it should contact the entity 

designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. 

The Offeror should be prepared to provide the following information: 
MSCP-I 43 

 (1) Company legal business name. 

 (2) Tradestyle, doing business, or other name by which your entity is commonly 

recognized. 

 (3) Company physical street address, city, state, and Zip Code.t 

 (4) Company mailing address, city, state and Zip Code (if separate from physical). 

 (5) Company telephone number. 

 (6) Date the company was started.

 (7) Number of employees at your location. 

 (8) Chief executive officer/key manager.

 (9) Line of business (industry). 

(9) Company headquarters name and address (reporting relationship within your entity). 

d) Processing t ime should be taken into consideration when registering. Offerors who are not 

registered in SAM should consider applying for registration immediately upon receipt of 

this solicitation. See https://ww.sam.gov for information on registration. 

(End of provision) 

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.

(End of Provision) 

52.204-8 Annual Representations and Certifications (May 2022)

(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 that submits an offer, other than on 

a construction or service acquisition, but proposes to furnish an end item that it did 

not itself manufacture, process, or produce is 500 employees if the acquisition – 

(i) Is set aside for small business and has a value above the simplified acquisition 

threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless 

the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged 

women-owned small business set aside or sole-source award regardless of dollar 

value. 
MSCP-I 44

(b) (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.

(c) (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.

(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) 52.204-26, Covered Telecommunications Equipment or ServicesRepresentation. This provision applies to all solicitations. 

(vii)52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—

Representation.

(viii) 52.209-5; Certification Regarding Responsibility Matters. This provision 

applies to solicitations where the contract value is expected to exceed the simplified 

acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability 

or a Felony Conviction under any Federal Law. This provision applies to all 

solicitations.

(x) 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.
MSCP-I 45

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the 

place of performance is specified by the Government.

(xii) 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.

(C) The provision with its Alternate II applies to solicitations that will result in a 

multiple-award contract with more than one NAICS code assigned.

(xiii) 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.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies 

to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 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.

(xvi) 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.

(xvii) 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.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to 

solicitations that are for, or specify the use of, EPA- designated items.

(xix) 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.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations 

containing the clause at 52.225-1.

(xxi) 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 $92,319, the 

provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the 

provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations 

containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in 

Sudan--Certification. This provision applies to all solicitations.
MSCP-I 46 

(xxiv) 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.

(xxv) 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. 

(d) The Offeror has completed the annual representations and certifications electronically in 

SAM accessed through https://www.sam.gov. After reviewing the SAM information, the 

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) 

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance 

Services or Equipment (Nov 2021) 

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror 

has represented that it “does not provide covered telecommunications equipment or services as a 
MSCP-I 47 

part of its offered products or services to the Government in the performance of any contract, 

subcontract, or other contractual instrument” in the provision at 52.204-26, Covered 

Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the 

provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and 

Commercial Services. 

 (a) Definitions. As used in this provision— 

 Backhaul, covered telecommunications equipment or services, critical technology, 

interconnection arrangements, reasonable inquiry, roaming, and substantial or essential 

component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for 

Certain Telecommunications and Video Surveillance Services or Equipment. 

 (b) Prohibition. 

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from 

procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, 

system, or service that uses covered telecommunications equipment or services as a substantial or 

essential component of any system, or as critical technology as part of any system. Nothing in the 

prohibition shall be construed to— 

 (i)Prohibit the head of an executive agency from procuring with an entity to provide a 

service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection 

arrangements; or

 (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or 

cannot permit visibility into any user data or packets that such equipment transmits or otherwise 

handles. 

 (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for 

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 

13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 

any equipment, system, or service that uses covered telecommunications equipment or services as a 

substantial or essential component of any system, or as critical technology as part of any system. 

This prohibition applies to the use of covered telecommunications equipment or services, regardless 

of whether that use is in performance of work under a Federal contract. Nothing in the prohibition 

shall be construed to— 

 (i)Prohibit the head of an executive agency from procuring with an entity to provide a 

service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection 

arrangements; or

 (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or 

cannot permit visibility into any user data or packets that such equipment transmits or otherwise 

handles. 

 (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award 

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for 

“covered telecommunications equipment or services”. 

 (d) Representation. The Offeror represents that— 

 (1)It □ will, □ will not provide covered telecommunications equipment or services to the 

Government in the performance of any contract, subcontract or other contractual instrument 

resulting from this solicitation. The Offeror shall provide the additional disclosure information 

required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this 

section; and

 (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror 

represents that— 
MSCP-I 48

 It □ does, □ does not use covered telecommunications equipment or services, or use any 

equipment, system, or service that uses covered telecommunications equipment or services. The 

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this 

section if the Offeror responds “does” in paragraph (d)(2) of this section.

 (e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has 

responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall 

provide the following information as part of the offer:

 (i)For covered equipment—

 (A)The entity that produced the covered telecommunications equipment (include 

entity name, unique entity identifier, CAGE code, and whether the entity was the original 

equipment manufacturer (OEM) or a distributor, if known);

 (B)A description of all covered telecommunications equipment offered (include brand; 

model number, such as OEM number, manufacturer part number, or wholesaler number; and item 

description, as applicable); and

 (C)Explanation of the proposed use of covered telecommunications equipment and 

any factors relevant to determining if such use would be permissible under the prohibition in 

paragraph (b)(1) of this provision.

 (ii)For covered services—

 (A)If the service is related to item maintenance: A description of all covered 

telecommunications services offered (include on the item being maintained: Brand; model number, 

such as OEM number, manufacturer part number, or wholesaler number; and item description, as 

applicable); or

 (B)If not associated with maintenance, the Product Service Code (PSC) of the service 

being provided; and explanation of the proposed use of covered telecommunications services and 

any factors relevant to determining if such use would be permissible under the prohibition in 

paragraph (b)(1) of this provision.

 (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has 

responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall 

provide the following information as part of the offer:

 (i)For covered equipment—

 (A)The entity that produced the covered telecommunications equipment (include 

entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a 

distributor, if known);

 (B)A description of all covered telecommunications equipment offered (include brand; 

model number, such as OEM number, manufacturer part number, or wholesaler number; and item 

description, as applicable); and

 (C)Explanation of the proposed use of covered telecommunications equipment and 

any factors relevant to determining if such use would be permissible under the prohibition in 

paragraph (b)(2) of this provision.

 (ii)For covered services—

 (A)If the service is related to item maintenance: A description of all covered 

telecommunications services offered (include on the item being maintained: Brand; model number, 

such as OEM number, manufacturer part number, or wholesaler number; and item description, as 

applicable); or

 (B)If not associated with maintenance, the PSC of the service being provided; and 

explanation of the proposed use of covered telecommunications services and any factors relevant to 
MSCP-I 49

determining if such use would be permissible under the prohibition in paragraph (b)(2) of this 

provision.

(End of provision)

4A52.209-90 Past Performance with Regard to Offeror’s Present Responsibility (June 2021)

Bidders are cautioned NOT to BID on quantities in excess of what they can reasonably expect to 

timely deliver in accordance with the contract.

(a) The offeror must certify to timely performance on current contracts and subcontracts in the 

attribute questions of the IFB in WBSCM. The offeror shall notify the Contracting Officer of 

late deliveries prior to submission of bids. The Contracting Officer will determine if late 

performance is beyond the control or negligence of the offeror prior to the bid closing date of 

the IFB. A false certification may result in rejection of the offer, suspension and debarment by 

USDA, termination of the contract, liability for damages under the provisions of this Master 

Solicitation, other administrative actions, or criminal prosecution

(b) The Contracting Officer may deem the offeror non-responsible and ineligible to participate in an 

IFB if the offeror or any of their affiliates or subcontractors is delivering late and the late 

deliveries are not due to causes beyond the offeror’s control or negligence.

(c) Offerors with deficient past performance may be put on a probationary period, limiting the 

quantity awarded on a solicitation.

(d) Past performance will be considered during the Contracting Officer’s responsibility 

determination using the Contractor’s performance for the last three (3) years prior to bid 

opening of the IFB.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(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 the threshold at 9.104-5(a)(2)

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 finally determined if there is a pending 

administrative or judicial challenge. In the case of a judicial challenge to the 
MSCP-I 50

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 Certification May 

Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States 

Code.

(b) 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.

(c) 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.
MSCP-I 51

(d) 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.

(e) 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).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total 

value greater than $10,000,000.

(c) 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 

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.
MSCP-I 52 

(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.

(d) 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) 

4A52.214-70 Electronic Submission of Bids (June 2021) 

(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. 

(b) 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: 

(c) 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.) 

(d) 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 

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. 

(e) 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. 

(End of provision) 

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. 

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation— 

(i) By signing and returning the amendment,
MSCP-I 53

(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.

(b) 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.

(c) Facsimile bids, modifications, or withdrawals will not be considered unless authorized by 

the solicitation.

(d) 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) 

(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. 

(b) 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. 

(c) 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. 

(d) 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. 

(e) 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 
MSCP-I 54

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) 

4A52.214-92 Contract Award – Application of Lowest Landed Cost (June 2021) 

(a) In accordance with FAR 52.214-10(a), the Government will use the following pricerelated factors to evaluate bids:

(1) For commodities purchased for immediate delivery under international food 

assistance programs, the lowest-landed cost to the Government to deliver the 

products to the overseas destination(s), or;

(2) For commodities purchased for instore delivery, the total cost to the Government 

including location and storage rates.

(b) With respect to (1) above, as provided in AGAR 470.201 and 470.202, and pursuant to 

FAR 47.304-3, Shipments from CONUS for overseas delivery, the contracting officer 

reserves the right to reject such offer if the acceptance of another offer for the 

commodity or related freight when combined with offers for commodities or related 

freight, result in a lower landed cost to the Government.

(c) Bids for which the Government has not received matching ocean freight offers shall not 

be considered. 

(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.

(b) 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.

(c) 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. 

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.

(d) Bids for supplies or services other than those specified will not be considered unless 

authorized by the solicitation.

(e) Bidders must state a definite time for delivery of supplies or for performance of services, 

unless otherwise specified in the solicitation.

(f) 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.

(End of provision)
MSCP-I 55

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.

(b) 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.

(c) 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.

(d) Facsimile bids must contain the required signatures.

(e) 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.

(f) 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):

_______________________________________

(g) 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)
MSCP-I 56 

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

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
MSCP-I 57

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.

(End of provision)

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 American Act-Free Trade Agreements-Israeli Trade Act Certificate (Feb 2021)

(a) (1) The offeror certifies that each end product, except those listed in paragraph (b) or 

(c) of this provision, is a domestic end product.

(2) The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian 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.

Other Foreign End Products:
MSCP-I 58 

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 (Feb 2021) 

(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 (Jun 2020) 

(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 
MSCP-I 59 

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 

(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 e-mail 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 the threshold at FAR 25.703-2(a)(2)

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/resourcecenter/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.) 

(End of provision) 
MSCP-I 60 

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)

(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 (Feb 1998) 

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/agar. 

(End of provision)