12FPC123Q0010.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FPAC-HQ-APD

WASHINGTON DC 20250

1400 Independence Ave. SW Operations Branch FPAC Business Center

CODE 16. ADMINISTERED BYCODE

X

X

X

522390

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFPAC-HQ-12FPC1

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/01/2023 1700 ET

02/21/2023

SAMANTHA BROWN-DINKENS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12FPC123Q0010

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 63 1089525OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

FPAC-HQ-12FPC1@USDA.gov Central Section

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$25.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FPAC Business Center

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This RFQ constitutes as the only RFQ; a quote is being requested and the Government reserves the right to make no award at all. Responses shall be on all or none basis, no partial submission.

Basis of award is Lowest Price Technically Acceptable (LPTA)

Period of performance: 03/15/2023 - 03/14/2028

Questions are due 02/23/2023 @ 5:00 PM EST (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

KRISTIN N. GILLILAND

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Quotes are due 03/01/2023 @ 5:00 PM EST

Questions and Quotes will be submitted to:

Contract Specialist: Samantha Brown-Dinkens samantha.brown-dinkens@usda.gov

AND

Contract Officer: Kristin Gilliland kristin.gilliland@usda.gov

Period of Performance: 03/15/2023 to 03/14/2028

0001 Lien searches of UCC-l's and UCC-3's, continuations and amendments; searches for

Federal tax liens, and filings of UCC-1¿s, UCC-3¿s, Addendums and Amendments

Product/Service Code: R611

Product/Service Description: SUPPORT-

ADMINISTRATIVE: CREDIT REPORTING

Period of Performance: 03/01/2023 to 02/28/2024

1001 Option Year 1

Lien searches of UCC-l's and UCC-3's, continuations and amendments;

searches for Federal tax liens, and filings of

UCC-1¿s, UCC-3¿s, Addendums and Amendments

(Option Line Item)

03/01/2024

Product/Service Code: R611

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

63 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 63

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC123Q0010

Product/Service Description: SUPPORT-

ADMINISTRATIVE: CREDIT REPORTING

Period of Performance: 03/15/2024 to 03/14/2025

2001 Option Year 2

Lien searches of UCC-l's and UCC-3's, continuations and amendments;

searches for Federal tax liens, and filings of

UCC-1¿s, UCC-3¿s, Addendums and Amendments

(Option Line Item)

03/01/2025

Product/Service Code: R611

Product/Service Description: SUPPORT-

ADMINISTRATIVE: CREDIT REPORTING

Period of Performance: 03/15/2025 to 03/14/2026

3001 Option Year 3

Lien searches of UCC-l's and UCC-3's, continuations and amendments;

searches for Federal tax liens, and filings of

UCC-1¿s, UCC-3¿s, Addendums and Amendments

(Option Line Item)

03/01/2026

Product/Service Code: R611

Product/Service Description: SUPPORT-

ADMINISTRATIVE: CREDIT REPORTING

Period of Performance: 03/15/2026 to 03/14/2027

4001 Option Year 4

Lien searches of UCC-l's and UCC-3's, continuations and amendments;

searches for Federal tax liens, and filings of

UCC-1¿s, UCC-3¿s, Addendums and Amendments

(Option Line Item)

03/01/2027

Product/Service Code: R611

Product/Service Description: SUPPORT-

ADMINISTRATIVE: CREDIT REPORTING

Period of Performance: 03/15/2027 to 03/14/2028

1.IPP Payment Instructions - below:

4I-52.232-70 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS INVOICE PROCESSING PLATFORM (IPP)

(a) Invoices must be submitted electronically

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 63

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC123Q0010

through the U.S. Department of the Treasury's

Invoice Processing Platform System (IPP). The

Contractor must use the IPP website

(https://www.ipp.gov) for submitting invoices.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

(i) Vendor name

(ii) Vendor address

(iii) Contract No./Order No.

(iv) Purpose of the Invoice

(v) Billing Period for the services performed

(vi) Description of deliverable

(vii) Price of Deliverable

Invoices will be paid upon approval and acceptance by the Government COR and CO.

2. USDA seeks to obtain the Contractor's best price based on its evaluation of discounts, terms, conditions, and concessions offered to commercial customers. In an effort to receive the highest quality service at the lowest possible price, the government requests all available discounts on all products/services offered for this requirement.

3. INSPECTION AND ACCEPTANCE (FEB 1988) (AGAR

452.246-70)

(a) The Contracting Officer or the Contracting

Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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A Solicitation/Contract Form

A.1 SF 1449 – to be provided upon award

A.2 Department/Agency

A.2.1 United States Department of Agriculture (USDA) Farm Production & Conservation – Business Center (FPAC-BC) Farm Service Agency (FSA)

A.3 Contracting Office

A.3.1 Farm Production and Conservation (FPAC) Business Center

Acquisition Division Central Section - Operations Branch

A.4 Contracting Officer

A.4.1 Kristin Gilliland, email: kristin.gilliland@usda.gov

A.4.2 Any USDA FPAC BC Contracting Officer can act on this contract should the need arise.

A.4.3 A Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the contracting officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this order; (6) otherwise modify any terms or conditions of this Contract.

A.5 Program Office

A.5.1 Farm Service Agency (FSA) Illinois and any others agreed to.

A.5.2 Point of Contact:

Jean French – jean.french@usda.gov Eric Pastrovich – eric.pastrovich@usda.gov

A.5.3 The program office point of contact will act as the liaison to coordinate activities between the Vendor and Contracting Officer, as required, in the performance of the work under this contract. They have the authority to provide technical clarification of the contract requirements but does not have the authority to modify any contract provisions, including, without limitation, changing the scope of work, the cost/price thereof, or the performance delivery schedule(s) therefore.

End of Section mailto:kristin.gilliland@usda.gov mailto:jean.french@usda.gov mailto:eric.pastrovich@usda.gov

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B SF 1449 Services/Supplies and Prices/Costs

B.1 Contract Type

B.1.1 Firm Fixed Price Award for UCC services for the state(s) of Illinois.

B.2 Pricing

B.2.1 The fixed not-to-exceed price for the Base and four options is $ TBD at Award.

B.2.2 Pricing Template can be found in Section J.

B.2.3 The Government is obligated only to the extent of the award.

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C Statement of Work

Project: UCC Lien Searches and Filings

GENERAL INFORMATION

C.1 Scope of Work: To provide the Illinois Farm Service Agency with (1) lien searches of UCC-l's and UCC- 3's, continuations and amendments; (2) searches for Federal tax liens, and (3) filings of UCC-1’s, UCC-3’s, Addendums and Amendments filed at the Illinois Secretary of State's office.

C.2 Background: When the filing of chattel liens was moved from the county courthouse to the Secretary of State’s Office, Illinois FSA began contracting for the service of filing and searching liens. To date the companies FSA has contracted with are First American Title Insurance Company, Illinois Code Company, FAXXON and Identi-Check. The Farm Service Agency is required to file collateral security documents for placing ourselves in first security position for monies loaned by Farm Service Agency (FSA) and Commodity Credit Corporation (CCC).

The Farm Service Agency is responsible for and expected to administer farm programs and farm loan programs; that are contained in the farm Bill passed by Congress, timely, equitably and without discrimination.

CONTRACTOR REQUIREMENTS

C.3.0 Technical Requirements/Tasks:

UCC Lien Searches

C.3.1 The contractor will receive the lien search or Information Request from FSA. The request may be submitted by either the Illinois State FSA Office or any County FSA Office.

C.3.2 The contractor shall provide a secure web-based interface for each office to place orders and receive their reports using present available Agency resources. The orders and reports from and for each FSA office shall be secure and proprietary to its office.

C.3.3 The contractor shall also allow for requests to be made via mail, electronic mail, facsimile transmission or by telephone call*. Information furnished will include individual and spousal names and addresses or organization names and addresses, and may include variations such as also-known-as (a.k.a.) or doing-business-as (d.b.a).

C.3.4 The contractor shall review records of the Illinois Secretary of State and determine if there are liens of record.

C.3.5 The preferred method of providing these services and for receiving and returning required information is through Agency-available web-based resources; however, alternative methods outlined above must also be

4 | P a g e available when web-based services are not. Different methods will be evaluated for cost-effectiveness.

C.3.6 *Written documentation is also the preferred method for receiving and returning required information through available Agency web-based resources, electronic mail, mail, or facsimile transmission, but information received and returned by telephone may also be necessary in limited circumstances.

C.3.7 The contractor will furnish to FSA, at sites determined by FSA, the names and addresses of any lien holder for each lien search requested via electronic media within 24 hours and furnish to FSA a copy of each lien filed within 72 hours of receipt of the request. Requests made using mail, facsimile transmission, and telephone shall be furnished within 72 hours.

C.3.8 The bidder will furnish the search and copy price per request per debtor identity and cost of each copy of lien document provided. Time is of the essence. The preferred method of request and response is via electronic media utilizing FSA's present information technology resources. Each lien search report furnished later than 72 hours from receipt of lien search request shall be paid for at a lesser amount to be submitted in the bid.

C.3.9 Delays caused through no fault of the contractor or due to the inability of the Secretary of State's office to timely process contractor work requests will be dealt with on an individual basis after due notification to FSA by the contractor. Alternative methods of response must also be available and shall be determined by FSA, including facsimile transmission, electronic mail, or mail to the county offices.

Contractor shall maintain errors and omissions insurance under insurance policies approved by FSA and, at its request, will deliver such policies to FSA along with ongoing proof of premium payment. Coverage of $300,000 per occurrence is required. FSA must be notified of changes in carrier and appropriate documentation submitted.

C.3.10 This contract is for the period of five years. This contract may be canceled by either party at any time upon giving 30 days’ written notice by certified mail at the address written on the SF-18, Request for Quotations or by email.

C.4.0 Federal Tax Lien Searches at the IL Secretary of State's office for entities.

See the UCC Lien Searches section of this Statement of Work for additional details regarding FSA's requirements regarding both UCC Lien Searches and Federal Tax Lien Searches.

C.4.1 Lien Filings

C.4.2 The contractor will receive the lien filing requests from FSA. The request may come from either the Illinois State FSA Office or any County FSA Office. Electronic transmission utilizing FSA's present information technology resources is the preferred method. However, the contractor shall also allow requests to be made via electronic mail, mail, or facsimile transmission when necessary.

C.4.3 The contractor will advance the $20 statutory recording fee upon submission of the UCC Financing Statement to the Secretary of State. The contractor will recover these fees through their inclusion in the monthly statement to FSA. The contractor will return the filed document to the requesting office within 72 hours of receipt of the filed document from the Secretary of State's office.

C.4.4 The contractor shall provide a UCC Financing Statement facsimile on a secure web-form for FSA offices to be completed and submitted to the contractor. The contractor will collect the data from the web-form and

5 | P a g e complete the UCC financing statement for recording at the Secretary of State's office on the same working day when possible, but no later than the next working day.

C.4.5 The UCC filing acknowledgment shall be delivered through the web-based ordering system; however, if web-based resources are not available, the acknowledgment must be provided by an alternative method such as electronic mail, mail, or facsimile transmission.

C.4.6 The contractor will process the filing to ensure proper filing at the Secretary of State's office within 72 hours of receipt of the request. The bidder will furnish the price per filing per individual, individual and spousal filing, organization filing, and filing per individual within an organization.

C.4.7 Time is of the essence. The method of response shall be by electronic media whenever possible;

however, the contractor shall also allow for alternative methods such as electronic mail, mail, or facsimile transmission. Each electronic lien filing that is completed later than 72 hours from receipt of lien filing request shall be paid for at a lesser amount to be submitted in the bid. Delays caused through no fault of the contractor or due to the inability of the Secretary of State's office to timely process contractor work requests will be dealt with on an individual basis after due notification to FSA by the contractor.

C.4.8 Contractor shall maintain errors and omission insurance under insurance policies approved by FSA and, at its request, will deliver such policies to FSA along with ongoing proof of premium payment. Coverage of $300,000 per occurrence is required. FSA must be notified of changes in carrier and appropriate documentation

C.4.9 Payment will be made according to FSA's prompt payment regulations. Contractor may offer discounts for prompt payment for amounts not including statutory filing fees.

C.5.0 Government Furnished:

Illinois State Office Farm Service Agency personnel in the Price Support Division and Farm Loan

Division will be responsible for reviewing and reconciling reports and invoices provided by the contractor.

C.6.0 Deliverables / Schedule:

UCC Lien Searches

C.6.1 The contractor will receive the lien search or Information Request from FSA. The request may be submitted by either the Illinois State FSA Office or any County FSA Office.

C.6.2 The contractor shall provide a secure web-based interface for each office to place orders and receive their reports using present available Agency resources. The orders and reports from and for each FSA office shall be secure and proprietary to its office.

C.6.3 The contractor shall also allow for requests to be made via mail, electronic mail, facsimile transmission or by telephone call*. Information furnished will include individual and spousal names and addresses or organization names and addresses, and may include variations such as also-known-as (a.k.a.) or doing-business-as (d.b.a).

The contractor shall review records of the Illinois Secretary of State and determine if

6 | P a g e there are liens of record.

C.6.4 The preferred method of providing these services and for receiving and returning required information is through Agency-available web-based resources; however, alternative methods outlined above must also be available when web-based services are not. Different methods will be evaluated for cost-effectiveness.

C.6.5 *Written documentation is also the preferred method for receiving and returning required information through available Agency web-based resources, electronic mail, mail, or facsimile transmission, but information received and returned by telephone may also be necessary in limited circumstances.

C.6.6 The contractor will furnish to FSA, at sites determined by FSA, the names and addresses of any lien holder for each lien search requested via electronic media within 24 hours and furnish to FSA a copy of each lien filed within 72 hours of receipt of the request. Requests made using mail, facsimile transmission, and telephone shall be furnished within 72 hours.

C.6.7 The bidder will furnish the search and copy price per request per debtor identity and cost of each copy of lien document provided. Time is of the essence. The preferred method of request and response is via electronic media utilizing FSA's present information technology resources. Each lien search report furnished later than 72 hours from receipt of lien search request shall be paid for at a lesser amount to be submitted in the bid.

C.6.8 Delays caused through no fault of the contractor or due to the inability of the Secretary of State's office to timely process contractor work requests will be dealt with on an individual basis after due notification to FSA by the contractor. Alternative methods of response must also be available and shall be determined by FSA, including facsimile transmission, electronic mail, or mail to the county offices.

C.6.9 Contractor shall maintain errors and omissions insurance under insurance policies approved by FSA and, at its request, will deliver such policies to FSA along with ongoing proof of premium payment. Coverage of $300,000 per occurrence is required. FSA must be notified of changes in carrier and appropriate documentation

Federal Tax Lien Searches at the IL Secretary of State's office for entities.

See the UCC Lien Searches section of this Statement of Work for additional details regarding FSA's requirements regarding both UCC Lien Searches and Federal Tax Lien Searches.

C.7.0 Lien Filings

C.7.1 The contractor will receive the lien filing requests from FSA. The request may come from either the Illinois State FSA Office or any County FSA Office. Electronic transmission utilizing FSA's present information technology resources is the preferred method. However, the contractor shall also allow requests to be made via electronic mail, mail, or facsimile transmission when necessary.

C.7.2 The contractor will advance the $20 statutory recording fee upon submission of the UCC Financing Statement to the Secretary of State. The contractor will recover these fees through their inclusion in the monthly statement to FSA. The contractor will return the filed document to the requesting office within 72 hours of receipt of the filed document from the Secretary of State's office.

C.7.3 The contractor shall provide a UCC Financing Statement facsimile on a secure web-form for FSA offices

7 | P a g e to be completed and submitted to the contractor. The contractor will collect the data from the web-form and complete the UCC financing statement for recording at the Secretary of State's office on the same working day when possible, but no later than the next working day.

C.7.4 The UCC filing acknowledgment shall be delivered through the web-based ordering system; however, if web-based resources are not available, the acknowledgment must be provided by an alternative method such as electronic mail, mail, or facsimile transmission.

C.7.5 The contractor will process the filing to ensure proper filing at the Secretary of ·State's office within 72 hours of receipt of the request. The bidder will furnish the price per filing per individual, individual and spousal filing, organization filing, and filing per individual within an organization.

C.7.6 Time is of the essence. The method of response shall be by electronic media whenever possible;

however, the contractor shall also allow for alternative methods such as electronic mail, mail, or facsimile transmission. Each electronic lien filing that is completed later than 72 hours from receipt of lien filing request shall be paid for at a lesser amount to be submitted in the bid. Delays caused through no fault of the contractor or due to the inability of the Secretary of State's office to timely process contractor work requests will be dealt with on an individual basis after due notification to FSA by the contractor.

C.7.7 Contractor shall maintain errors and omission insurance under insurance policies approved by FSA and, at its request, will deliver such policies to FSA along with ongoing proof of premium payment. Coverage of $300,000 per occurrence is required. FSA must be notified of changes in carrier and appropriate documentation

C.8.0 Billing and Payment Process

C.8.1 Contractor will bill for services within 10 days after the end of the month in which services are performed. Contractor's invoice will describe all services performed, including the name of all filings completed and the cost of the filings and services completed by county office location requesting service.

C.8.2 Three separate invoices for searches and filings must be provided to FSA based on the loan type; (1) Farm Loans, (2) Marketing Assistance Loans; and (3) Farm Storage Facility Loans.

C.8.3 Payment will be made according to FSA's prompt payment regulations. Contractor may offer discounts for prompt payment for amounts not including statutory filing fees.

C.9.0 Travel:

No Travel Required.

C.10.0 Contractor’s Key Personnel:

Contractor shall maintain key personnel and staff to accomplish the tasks required.

Contractor’s staff shall be knowledgeable and trained in regard to UCC Lien Searches and Filings.

C.11.0 Security Requirements:

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None Required.

C.12.0 Data Rights:

The contractor is required to complete lien searches, file UCC-1’s, continuations, and amendments, and provide copies of all documents associated with the filings and lien searches. The government will utilize this data in making Farm Ownership Loans, Operating Loans, Farm Storage Facility Loans and Marketing Assistance Loans. All documentation requested by the Illinois State FSA Office or any County FSA Office shall be provided by the contractor via a secure web-based interface compatible with the present available Agency resources. The contractor shall not utilize the requested data or disclose the data for any company or personal gain.

It is the responsibility of each individual with access to Privacy Act protected data to:

• Use Privacy Act protected data in an appropriate manner

• Comply with all applicable Federal laws, OMB and NIST guidance, and USDA, FSA and CTS regulations.

• Safeguard Privacy Act protected data.

C.13.0 Section 508 – Electronic and Information Technology Standards

Not applicable.

9 | P a g e

D Reserved

10 | P a g

E Inspection and acceptance

E.1 Inspection will be completed upon completion of the services.

E.2 Inspection will be done by a USDA designated point of contact.

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F Performance

F.1 Period of Performance

F.1.1 The effective period of performance for this Award will be for Base and four (4) Option Years for a total of 5 years from the effective date of award. In the event of termination, delivery or performance of outstanding orders will continue for a period not to exceed 30 days.

F.2 Delivery of Services

F.2.1 Delivery will occur within 72 hours of receipt of the filed documents unless schedule is negotiated between the Ordering Official and the Vendor at the time the call is placed.

F.2.2 All services shall be delivered or emailed to the address(s) as directed by the

Ordering Official, and marked as indicated below:

F.2.2.1 Ordering Official’s name

F.2.2.2 Address

F.2.2.3 Award number

F.2.3 Delivery tickets or sales slips are required for all services or supplies furnished as a result of call orders made under this agreement. The delivery tickets shall contain, as a minimum, the following information:

F.2.3.1 Contractor's name

F.2.3.2 Award number

F.2.3.3 Location of order and date

F.2.3.4 Itemized list of supplies or services provided, with the unit price and extended price. Unit pricing need not be shown when such is incompatible with any automated systems in use, provided the invoice is itemized to show this information.

F.2.35 Date and place of delivery

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G Contract Administration Data

G.1 Invoicing

G.1.1 The Vendor shall submit an original itemized invoice once monthly for all deliveries made on each account and accepted during the billing period. The itemized invoices shall be submitted each month. A single payment will then be processed for all delivery tickets consolidated on one invoice.

G.1.2 A summary statement of these invoices shall be submitted at least monthly or upon expiration of this contract, whichever occurs first. A proper summary statement shall consist of:

G.1.2.1 Contractor's name, address and phone number G.1.2.2 Invoice number G.1.2.3 Date of Invoice G.1.2.4 Award number G.1.2.5 Itemization of charges by location of order and date

G.1.3 An itemized summary statement will be submitted monthly for each individual office listed C.2 above based on individual orders as requested by each of those offices.

Invoices from vendors other than the Vendor listed on the form SF-1449 will not be paid.

G.1.4 Inquiries relating to payment may be directed to:

Jean French, Administrative Officer IL Illinois State FSA Office Phone: 217-331-6861 Jean.french@usda.gov

G.2 Payment

G.2.1 No payment shall be made until the work is 100% completed in accordance with the

Specifications/Statement of Work.

G.2.2 If deficiencies are noted, they shall be returned to the Vendor and will be corrected within seven (7) work days at no additional cost to the Government.

G.2.3 Payment shall be considered as being made on the day an electronic funds transfer is made.

G.2.4 One (1) invoice for all services shall be submitted after all services are completed.

G.2.5 USDA pays for services in arrears (after service is completed). No payments will be made prior to the completion of service.

mailto:Jean.french@usda.gov

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H Special Contract Requirements

H.1 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.

H.2 Limitation of Authority

The government assigned Project or Program Manager, Task POC, or COR are responsible for monitoring the Contractor’s performance. Any proposed modifications to the task order, such as changes to the scope of work, or to the terms and conditions of the task order must be authorized by the Contracting Officer.

H.3 Confidentiality of Information

(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,

(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.

H.4 Conflict of Interest

If for any reason the agency or the Contractor determines that the Contractor faces a potential, perceived, or real conflict of interest, the agency shall notify the Contractor or the Contractor shall notify the agency, and the Contractor shall cease all work on, reassign the task, or proceed at the discretion of the agency. At the agency's option, the Contractor may provide an acceptable replacement.

H.5. FPAC 4I-52.233-70 Protests to the Agency

(a) An agency protest filed with the contracting officer shall be sent to the contracting officer’s mailing address or email address listed in the solicitation. The contractor should contact the contracting officer to verify the mailing or email address prior to delivering a protest.

(b) The independent review of a contracting officer’s decision regarding a protest described at FAR 33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting officer. An independent review is available only as an appeal of the contracting officer’s decision on a protest. An appeal must be filed within 10 calendar days of

14 | P a g e the protestor’s receipt of the contracting officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal must be directed to the Head of the Contracting Activity but sent to the contracting officer.

(c) The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the protest.

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I Contract Clauses and Provisions Agriculture Acquisition Regulation (AGAR)

AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JULY 2022) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 13.

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”

(End of clause)

452.222-70 Labor Law Violations.

In accepting this contract award, the contractor certifies that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws. The Department of Agriculture will vigorously pursue corrective action against the contractor and/or any tier subcontractor (or supplier) in the event of a violation of labor law(s) made in the provision of supplies and/or services under this or any other government contract. The contractor is responsible for promptly reporting to the contracting officer if and when adjudicated evidence of noncompliance occurs. The Department of Agriculture considers certification under this clause to be a certification for purposes of the False Claims Act. The Department will cooperate as appropriate regarding labor laws applicable to the contract which are enforced by other agencies. Applicable Labor Laws include:

(a) The Fair Labor Standards Act;

(b) The Occupational Safety and Health Act;

(c) The Migrant and Seasonal Agricultural Workers Protection Act;

(d) The National Labor Relations Act;

(e) The Davis-Bacon Act;

(f) The Service Contract Act;

(g) Executive Order 11246 (Equal Employment Opportunity);

(h) Section 503 of the Rehabilitation Act of 1973;

(i) The Vietnam Era Veterans' Readjustment Assistance Act;

(j) The Family and Medical Leave Act;

(k) Title VII of the Civil Rights Act of 1964;

(l) The Americans with Disabilities Act of 1990;

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(m) The Age Discrimination in Employment Act of 1967;

(n) Executive Order 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(o) Equivalent State laws, as defined by the Secretary of Labor in guidance.

(p) Executive Order 13627 (Strengthening Protections Against Trafficking in Persons in Federal Contracts)

The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that the information described above be provided to the contractor.

452.222-71 Past Performance Labor Law Violations.

In submitting this offer, the offeror (prospective contractor) certifies to the best of the offeror's knowledge and belief, that they, and any subcontractor at any tier, are in compliance with all previously required corrective actions for adjudicated labor law violations (see applicable labor laws in 452.222-70).

Prior to receiving an award, a contractor shall provide a list of the specific violations of the legal requirements listed above, if any, and be given an opportunity to disclose any steps taken to correct the violations of, or improve compliance with, such legal requirements. The contracting officer in coordination with their Mission Area senior contracting official will consider any information provided and determine whether a contractor is a responsible source that has a satisfactory record of integrity and business ethics. The contracting officer shall ensure that contractors update the information provided every 6 months and that they require their subcontractors to update them on the aforementioned information every 6 months.

The contractor and any subcontractors shall incorporate into lower-tier subcontracts a requirement that the information described above be provided to the contractor.

(End of Clause)

452.232-70 Limitation of Government's Obligation.

(a) Contract line item(s) listed below is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) below.

Line Item Price Currently Allotted Funding Funds Required for Complete Funding

(b) For item(s) identified in paragraph (a) as not fully funded, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of costs in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor more than the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government”. The total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j), the Contractor will notify the contracting officer in writing at least [30, 60, or 90, as appropriate] days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount currently allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached

17 | P a g e and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j), or to a mutually agreed upon substitute date. The notification will also advise the contracting officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded, for a subsequent period as may be specified in the allotment schedule in paragraph (j) or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the contracting officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government”.

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) above, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) will apply similarly to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a), the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) above.

(g) The termination provisions do not limit the rights of the Government under the clauses entitled “Default” and “Termination for Cause”. The provisions are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) above. These terms no longer apply once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (e) and (f) above.

(h) Nothing herein affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government”.

(i) Nothing herein shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties agree that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract$(month) (day), (year)$(month) (day), (year)$(month) (day), (year)$

(End of Clause)

Federal Acquisition Regulations

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

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52.212-3 Offer Representation and Certifications-Commercial Products and Commercial Services (DEC2022)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV2021)

FAR 52.212-4 -CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

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(i) Payment -

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery…