Instructions_to_Offerors.docx

FAR 52.212-1 Instructions to Offerors -- Commercial Items (Jan 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. Your SAM registration must be completed for government contracts, and must reflect that you are a small business under NAICS code 531320, Offices of Appraisers. Only submissions from small business types will be considered.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation.

(1) Complete these blocks on the SF 1449:

17: Company name, contact name and title, email address and phone number 18: “Remit to” address, if different than mailing address;

20: DUNS and Michigan appraiser license number(s) 24: price range (assume 24-unit 2-bulding family housing property; values for foreclosure sale). This is for comparison only; competitive quotes will be required at time of order.

30a-30c: Name, signature and date of authorized representative.

(2) Submit your Experience Statement: statement of company capability, 3 pages max. Highlight similar relevant assignments in the past 3 years and professional qualifications of Appraiser.

(3) Send the Reference Questionnaire to 2 to 3 References to complete and return to the Contracting Officer. Provide a list of contact information for which the Questionnaires are requested. See the questionnaire. This may be provided on page 2 of the form 1449, or a separate page labelled “references”.

(4) Complete the certification for exemption from Service Contract Labor Standards (page 3), unless these terms are not applicable. If the exemption does not apply, so state, and do not sign the page.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and create BPAs 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.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. A post-award debriefing will not be scheduled. (End of Provision) A written notice of agreement will be emailed to each selected appraiser.

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award agreements resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) capability to meet the Government requirement;

(ii) past performance (see FAR 15.304);

(iii) price.

(End of Provision)

FAR Subpart 22.10 - SERVICE CONTRACT LABOR STANDARDS Service contracts over $2,500 shall contain mandatory provisions regarding minimum wages and fringe benefits, safe and sanitary working conditions, notification to employees of the minimum allowable compensation, and equivalent Federal employee classifications and wage rates. Under 41 U.S.C. 6707(d), service contracts may not exceed 5 years. No contractor or subcontractor holding a service contract for any dollar amount shall pay any of its employees working on the contract less than the minimum wage specified in section 6(a)(1) of the Fair Labor Standards Act (29 U.S.C. 206).

22.1003-4 -- Administrative Limitations, Variations, Tolerances, and Exemptions.

(d) Contracts for certain services.

(1) Exemption. Except as provided in paragraph (d)(5) of this subsection, the Secretary of Labor has exempted from the Service Contract Labor Standards statute contracts and subcontracts in which the primary purpose is to provide the following services, if the conditions in paragraph (d)(2) of this subsection are met:

(vi) Real estate services, including real property appraisal services, related to housing Federal agencies or disposing of real property owned by the Government.

(2) Conditions. The exemption for the services in paragraph (d)(1) of this subsection applies if all the following conditions are met for a contract (or for a subcontract): PLEASE _KDC_ (i) (A) Except for services identified in paragraph (d)(1)(iv) of this subsection, the contractor will be selected for award based on other factors in addition to price or cost, with the combination of other factors at least as important as price or cost; or (B) The contract will be awarded on a sole-source basis.

___ (ii) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the contractor (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations.

___ (iii) The contract services are furnished at prices that are, or are based on, established catalog or market prices. As defined at 29 CFR 4.123(e)(2)(ii)(C)—

(A) An established catalog price is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the contractor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and

(B) An established market price is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or contractor.

___ (iv) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract.

___ (v) The contractor will use the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the contractor uses for these employees and equivalent employees servicing commercial customers.

___ (vi) The contracting officer (or contractor with respect to a subcontract) determines in advance before issuing the solicitation, based on the nature of the contract requirements and knowledge of the practices of likely offerors, that all or nearly all offerors will meet the conditions in paragraph (d)(2)(ii) through (v) of this subsection. If the services are currently being performed under contract, the contracting officer (or contractor with respect to a subcontract) shall consider the practices of the existing contractor in making a determination regarding the conditions in paragraphs (d)(2)(ii) through (v) of this subsection.

(A) The apparent successful offeror certifies that the conditions in paragraphs (d)(2)(ii) through (v) will be met

Offeror sign and date

; and

(B) For other than sole source awards, the contracting officer determines that the same certification is obtained from substantially all other offerors that are—

(1) In the competitive range, if discussions are to be conducted (see FAR 15.306)(c)); or

(2) Considered responsive, if award is to be made without discussions (see FAR 15.306(a)).

(3) Contract award or re-solicitation. If the apparent successful offeror does not certify to the conditions, the contracting officer shall insert in the contract the applicable Service Contract Labor Standards clause(s) (see 22.1006) and, if the contract will exceed $2,500, the appropriate Department of Labor wage determination (see 22.1007).