Yogurt, Butter and Tortillas Solicitation for use in Domestic Food Assistance Programs

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 5.101(d). This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number 12-3J14-26-B-0231 is issued as an Invitation for Bid (IFB) for Yogurt, Butter and Tortillas pursuant to the AMS Master Invitation for Bids Domestic Commodity Procurement for use in the Federal Food and Nutrition Assistance Programs. This acquisition is set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

                                                              NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner. The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO). Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO. Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.

Informal Forum with the Ombudsman

1.Initial Point of Contact: Interested parties who believe a specific USDA procurement isunfair or otherwise defective should first direct their concerns to the applicable ContractingOfficer.

2.Escalation: If the Contracting Officer is unable to address their concerns, interested partiesare encouraged to contact the USDA Ombudsman for Agency Protests. Under this informalprocess, the agency is not required to suspend contract award performance. Utilization ofthe informal forum does not suspend any time requirement for filing a formal protest withthe agency or other forums.

3.Required Information: To ensure a timely response, interested parties should provide thefollowing information to the Ombudsman: solicitation/contract number, contracting office,Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman

1.Effort to Resolve: Prior to submitting a formal agency protest, protesters must first usetheir best efforts to resolve their concerns with the Contracting Officer through open andfrank discussions.

2.Independent Review: If the protester’s concerns remain unresolved, an IndependentReview is available by the Ombudsman. The protester may file a formal agency protest witheither the Contracting Officer or, alternatively, with the Ombudsman under the OPAPprogram. Contract awards or performance will be suspended during the protest periodunless justified in writing for urgent and compelling reasons or determined in writing to be inthe best interest of the Government.

3.Resolution Timeline: The agency’s goal is to resolve protests within 35 calendar days fromthe date of filing.

4. Required Information: Protests shall include the information set forth in FAR 33.104(a)(3). Failure to submit the required information may result in a delay or dismissal of the protest.

5. Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.

6. Submission: Formal protests under the OPAP program should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Election of Forum. By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If a protest is filed externally, the agency protest will be dismissed.