Updated Master Solicitation for Commodity Procurement - Domestic Programs (MSCP-D)

The U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS), is issuing an updated Master Solicitation for Commodity Procurements - Domestic Programs (MSCP-D) for the procurement of various commodities for use in domestic food distribution programs. The solicitation includes contract clauses and provisions applicable to the solicitation of bids and award of contracts. The commodities to be procured include animal products, bakery products, canned goods, cereals, cheese, chicken products, corn products, crackers, dehydrated products, dried fruit, eggs, flour, frozen fruit and vegetables, infant formula, macaroni and cheese, milk, nuts, oil, pancakes, pasta products, peanut products, perishable prepared foods, rice products, seafood products, sunflower seed butter, tortillas, wild rice, and yogurt. * The USDA will periodically issue solicitations under this Master Solicitation to purchase agricultural commodities and products for distribution through domestic food distribution programs. * The Master Solicitation is updated as necessary to incorporate changes in the Federal Acquisition Regulation (FAR), Agricultural Acquisition Regulations (AGAR), and AMS policies and procedures. * Awards will be made following the principles in the FAR and AGAR. * Offerors are advised to carefully read this Master Solicitation, the applicable IFB, and the applicable commodity specification/requirements and/or supplement. * 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. * 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. * Offer prices will be either f.o.b. (or f.a.s. vessel) at the destinations listed in the applicable IFB or on a shipping point basis. * If f.o.b. destination, bids will be invited on a purchase unit basis or multiples thereof, except that from time to time the IFB will indicate two or more destinations in a line item which will require a split delivery (drop) at each destination. * Delivery by either trucks or railcars is at the option of the Contractor except for those destinations which specify the method of delivery. * If f.o.b. origin, delivery of the commodity will be made either f.o.b. railroad cars or trucks or in-store at USDA's option, at the shipping points named in the IFB. * To submit bids, a company must be approved by the Contracting Officer as meeting vendor qualification requirements. * For information regarding how to become a qualified bidder, visit http://www.ams.usda.gov/commoditypurchasing, or contact the Contracting Officer. * Offers, modifications, and withdrawals shall be submitted electronically via the Web Based Supply Chain Management Computer System (WBSCM). * Submission of the aforementioned by any means other than WBSCM will be deemed nonresponsive. * WBSCM is available online at: https://portal.wbscm.usda.gov/. * See provision 4A52.214-1 for more information. * This version of the Master Solicitation incorporates FAR clauses and provisions in effect through FAC 2025-03. * The USDA will evaluate bids based on the lowest aggregate cost to the Government, including the assumed administrative costs. * 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. * The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. * A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment. * 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 accept any item or group of items of a bid, unless the bidder qualifies the bid by specific limitations. * 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. * The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. * The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: method of shipment or packing, place of delivery, time of delivery. * If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract, unless the contract terms provide for regional delivery pricing that covers cost adjustments. * The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. * However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. * If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. * Failure to agree to any adjustment shall be a dispute under the Disputes clause. * However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. * The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. * In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. * Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. * The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. * This paragraph does not give the Government any right to audit the Contractor's records. * The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. * The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. * In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. * If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. * Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. * The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. * Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. * The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. * The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. * Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: the schedule of supplies/services, the Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause, the clause at 52.212-5, addenda to this solicitation or contract, solicitation provisions, other paragraphs of this clause, the Standard Form 1449, and other documents, exhibits, and attachments. * The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. * 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. * 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. * The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. * A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment. * 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 accept any item or group of items of a bid, unless the bidder qualifies the bid by specific limitations. * 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. * The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. * The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: method of shipment or packing, place of delivery, time of delivery. * If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract, unless the contract terms provide for regional delivery pricing that covers cost adjustments. * The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. * However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. * If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. * Failure to agree to any adjustment shall be a dispute under the Disputes clause. * However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. * The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. * In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. * Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. * The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. * This paragraph does not give the Government any right to audit the Contractor's records. * The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. * The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. * In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. * If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. * Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. * The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. * Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. * The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. * The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. * Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: the schedule of supplies/services, the Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause, the clause at 52.212-5, addenda to this solicitation or contract, solicitation provisions, other paragraphs of this clause, the Standard Form 1449, and other documents, exhibits, and attachments. * The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.