Shell Eggs 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-0388  is issued as an Invitation for Bid (IFB) for SHELL EGG products 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 United States Department of Agriculture (USDA) is committed to fair, transparent, and efficient acquisitions. Interested parties with concerns about this solicitation are encouraged to seek resolution through the following USDA procedures. 

Tier 1: Contracting Officer Concern Resolution 

Submission: Interested parties with concerns about either the solicitation or subsequent award should first submit their concern directly to the Contracting Officer, providing sufficient detail to allow the Contracting Officer to understand and assess the issue. 

Process: The Contracting Officer will review the concern, seek clarification as needed, and engage with the interested party to attempt prompt resolution. 

Review Timeline: The Contracting Officer will make every effort to provide a response or resolution  within 10 business days of receiving the concern. 

Effect on Award or Performance: Tier 1 engagement is not considered an official notification of filing an agency protest and does not pause solicitation deadlines, delay award decisions, or suspend contract performance. 

Next Steps: If the matter cannot be resolved at Tier 1, the interested party may file a written agency protest under Tier 2. 

USDA encourages all parties to seek resolution with the Contracting Officer before filing an agency protest. 

Tier 2: Agency Protest 

If concerns cannot be resolved at Tier 1, an interested party may file a written agency protest with either the Contracting Officer or the USDA Independent Review Authority. The decision by the USDA Independent Review Authority is an alternative to a decision by the Contracting Officer. The USDA Independent Review Authority will not consider an appeal of the Contracting Officer’s decision on an agency protest. 

The protest must state whether the protester elects review by the Contracting Officer, by the UDSA Independent Review Authority. If no election is stated, the Contracting Officer will decide the protest. 

Required Information: Protests shall include the information set forth in FAR 33.104-4 

(a)(3). Failure to submit the required information may result in a delay or dismissal of the protest. 

Submission: Agency protests should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer. 

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

Effect on Award or Performance: Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined to be in the best interest of the Government. 

Review Timeline: USDA strives to resolve agency-level protests within 35 business days of receipt. 

Election of Forum: By filing a protest with USDA, the protesters agree not to file a protest on the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If such a protest is filed externally, the USDA agency protest will be dismissed. 

Questions: Questions regarding this notice or protest procedures should be directed to the Contracting Officer identified in this solicitation.