Attachment_2_to_Solicitation_12049618Q0001-Administration.pdf

Attachment 2 to BPA Solicitation 12049618Q0001

CONTRACT ADMINISTRATION DATA

PERIOD OF PERFORMANCE:

The effective date for this Blanket Purchase Agreement (BPA) will be October 1, 2018 through September 30, 2019, with a one year option period from October 1, 2019 through September 30, 2020, or until cancelled by either party with 30 days written notice. In the event of termination, delivery or performance of outstanding orders may continue for a period of 30 days, after which time any remaining items will be considered cancelled.

Rates shall be effective from the date of award though the end of the performance period of the Blanket Purchase Agreement.

The vendor shall furnish the services only as required by USDA, Rural Development ordering officials, during the period specified.

EXTENT OF OBLIGATION: USDA Rural Development is obligated only to the extent of authorized purchases actually made under the BPA. USDA Rural Development is not obligated to place any orders with the vendor under this BPA. The vendor is not obligated to accept orders under this BPA. However, if the vendor accepts an order, he/she is obligated to provide the services/end products under the terms and conditions of this agreement.

FEDERAL STATE AND LOCAL TAXES:

Unless specifically exempted, the prices quoted shall include all federal, state, and local taxes.

AUTHORIZED ORDERING OFFICIALS:

Orders placed against this BPA shall be issued by a warranted Contracting Officers located at the USDA, Rural Development Oregon State Office. Orders placed by anyone other than the following are not authorized and should not be accepted. BPA holders should contact the Contracting Officer if someone other than the following places an order.

Monty J. Shuster Contracting Officer

APPRAISER DUTIES

A. The appraiser must understand and agree that USDA Rural Development is the appraiser's client, and all reports must be addressed to USDA Rural Development. The user of the report will be USDA Rural Development (and any other intended user specified by the Agency). Any questions relating to the form or substance of the appraisal assignment should be directed to the Ordering Official or Contracting Officer and will not be directed to the property owner or builder/contractor. The Rural Development Agency Appraiser or the Ordering Official are not the Contracting Officer and do not have the authority to take any action, either directly or indirectly that would change the pricing, quantity, and quality, place of performance, delivery schedule, or any other terms and conditions of the contract. Nor does the RD Agency Appraiser or Ordering Official have the authority to direct the accomplishment of any effort which goes beyond the scope of the Performance Work Statement.

B. When in the opinion of the appraiser, the RD Agency Appraiser or the Ordering Official requests effort(s) outside the existing Performance Work Statement, the appraiser shall promptly notify the Contacting Officer, in writing. The appraiser shall take no action under such direction until the Contracting Officer has issued a modification to the Performance of Work or has otherwise resolved the appraisal issue.

C. A property contact person will be provided by the Ordering Official and ensure the appraiser has access to the subject property for inspection, unless the appraisal was requested as “exterior only”. Appraisal fees or turnaround times must not be discussed with the property contact.

D. The appraiser must keep all information and materials furnished by Rural Development, the owner, and/or property contact regarding the subject property confidential, as required by The Uniform Standards of Professional Appraisal Practice (USPAP) and the Gramm-Leach-Bliley Act (also known as the Financial Services Modernization Act of 1999). The appraiser must agree to prevent the unauthorized disclosure, misuse, or alteration of the confidential information. Any information obtained through public sources is not considered confidential information. Disregard of this privacy requirement will be cause for immediate debarment as a contractor for the federal government.

E. All extraordinary assumptions, hypothetical conditions, and limiting conditions must be clearly and prominently described in a single location near the beginning of the report and in appropriate sections of the appraisal. Extraordinary assumptions and hypothetical conditions also must be discussed with and agreed to by Rural Development prior to completion of the report. General assumptions and limiting conditions that reduce the normal scope of appraisal due diligence are not allowed.

COMPLIANCE WITH THE PERFORMANCE WORK STATEMENT

When, in the opinion of the Appraiser, the Agency Appraiser or the Ordering Official request effort(s) outside the existing Performance Work Statement, the Appraiser shall promptly notify the Contracting Officer, in writing. The Agency Appraiser or the Ordering Official is not a Contracting Officer and does not have the authority to take any action, either directly or indirectly that would change the pricing; quantity; quality; place of performance; delivery schedule; or any other terms and conditions of the contract. Nor does the Ordering Official have authority to direct the accomplishment of any effort which goes beyond the Performance Work Statement. If the appraiser is unable to fully comply with this Performance Work Statement, the Uniform Standards of Professional Practices (USPAP) requires that the appraiser must decline the appraisal assignment.

INSPECTION AND ACCEPTANCE:

Payment will be made only after the appraisal has been reviewed by USDA-Rural Development and determined that the appraisal has been completed in accordance with the specifications of this agreement and RD Instruction 1922-A.

PERFORMANCE MONITORING

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards.

A. Government Point of Contact (POC) will monitor the appraiser’s compliance with the Performance Work Statement by conducting appraisal reviews in accordance with the quality control measures and meeting the required delivery dates below.

B. The following standards of performance will be monitored:

Requirement Standard Acceptable Quality Level

Quality Control Review

See Section 10 on Attachment 1 for standards of review

100%

Appraisal Delivery Schedule

10-business days

97%

Re-Inspection Certification

3-business days

97%

C. Appraisals not meeting the Acceptable Quality Level shall be required to correct their deficiencies within four 4-business days.

D. Failure to meet the Acceptable Quality Level may result in the termination of the BPA.

TERMINATION FOR CAUSE

The Contracting Officer, by written notice, may terminate any order herein, in whole or in part, for failure of the BPA holder to perform any of the provisions of this Agreement. In such an event, the BPA holder shall be liable for damages, including the excess cost of re-procuring the services, FAR 52.212-4(m).

BASIS FOR BLANKET PURCHASE AGREEMENT AWARD:

The Government intends to evaluate offers and award a BPA without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

Multiple awards: The Government reserves the right to make multiple awards to qualified contractor(s) offering the lowest prices.

REGISTRATION IN WWW.SAM.GOV

Appraisers must currently be registered in the System for Award Management (SAM).

1) There is NO fee to register. The site is https://www.sam.gov. You will need a new SAM User Account to register or update your entity records. User guides and webinars are available under the Help tab. You will be required to have a DUNS number.

2) For Current users: If there is a change in e-mail address, designated financial institution, or Company name or address, user guides will lead you step by step to update your registration in SAM. SAM will send notifications to the registered user via email 60, 30, and 15 days prior to expiration of the Entity.

3) If the SAM registration expires for an appraiser that is currently under this BPA, the appraisal requests to that appraiser will cease immediately and will not begin again until the company can update their registration.

INDIVIDUAL ORDER LIMITATIONS

1) The maximum amount on an individual Call Order shall not exceed $5,000.00.

https://www.sam.gov/

2) The maximum limit on an individual Blanket Purchase Agreement (BPA) is $150,000.00.

3) Each limit listed above shall not be exceeded. Orders in excess of this amount shall not be honored or accepted by the appraiser. Failure to comply with this provision may result in termination of the BPA.

BPA CANCELLATION

This BPA may be terminated by the Contracting Officer at any time provided at least 30 days advance written notice is provided to the contractor. The contractor, with the written consent of the Contracting Officer, may terminate this BPA upon at least 30 days written notice. The parties agree that termination of the BPA does not constitute termination of any active task order issued prior to this termination notice. Active orders will be terminated in accordance with FAR 52.212.4.

INVOICING

Invoices must be submitted electronically with completed property appraisals to the appropriate order office listed in the purchase order. Failure to send a complete invoice containing the required information below may result in a delay of payment. The invoice must state the word “INVOICE” on the document in order to be processed for payment.

At a minimum, the invoices shall include the following:

1) Contractor’s Information, to include:

Date of Invoice Invoice Number Contractor’s Name Contractor’s Address

2) List of Appraisals for payment :

Individual Task Order Borrower’s Name Borrower’s Address Individual award amount

3) Total amount of invoice

B. Invoices will be returned for:

Failing to cite the information listed in the Billing Instructions above;

Having other payment discrepancies; or Unacceptable performance

SPECIAL CONTRACT REQUIREMENTS

SERVICES:

The services specified in the Block #20 entitled “Schedule of Supplies/Services” on the Call Order may be changed by written modification. The modification will be prepared, issued, and approved by the Contracting Officer.

WORK HOURS:

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.

The following terms have the following meanings:

-Work hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.

-Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m -National Holidays: The 10 holidays observed by the Federal Government are:

New Year’s Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas and any other day specifically declared by the President of the United States to be a national holiday.

PERSONNEL POLICY:

The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

- workers compensation

- professional liability insurance

- health examinations

- income tax withholding, and

- social security payments.

The parties agree that the contractor, its employees, agents and subcontractors shall not be considered RD employees for any purpose.

Contract Provisions

52.252-1 Solicitation Provisions Incorporated by Reference 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 www.acquisition.gov.

(End of Provision)

52.212-1 Instructions to Offerors-Commercial Items (Jan 2017) http://www.acquisition.gov/

Provisions – Full Text

452.219-70, SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

The 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 below:

Contract line item(s): 0001 -- NAICS Code: 531320 -- Size Standard $7.5 Million

(End of provision)

Contract Clauses

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 www.acquisition.gov.

(End of Clause)

52.212-4 Contract Terms and Conditions-Commercial Items (Jan 2017) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr1984) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984)

Clauses – Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jul 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

None selected.

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188603 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153252 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144470 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_7.html#wp1082800 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xiii)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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452.224-70 Confidentiality of Information (Feb 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or

(2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

452.237-75 Restrictions Against Disclosure (Feb 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting

Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)