12RADA19Q0003.pdf

12RADA19Q0003

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

02/04/2019 945044

1 21

2118 West Park Court Suite A Champaign, IL 61821

USDA, Rural Development Multiple

CARYL STRADER

CONTRACTING OFFICER

USDA RURAL DEVELOPMENT

2118 W PARK COURT, STE A

CHAMPAIGN

IL 61821

217 403-6206CARYL STRADER

02/14/2019 1630 CS

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

MFH PROPERTY MANAGEMENT SERVICES FOR CLAYTON

COURT, 51 CLAYTON COURT, WINNEBAGO, IL

Period of Performance: 02/18/2019 to 09/30/2020

THE PERIOD OF PERFORMANCE FOR THIS CONTRACT IS

DATE OF AWARD THROUGH SEPTEMBER 30, 2020 OR UNTIL

THE PROPERTY IS SOLD, WHICHEVER OCCURS FIRST.

001 MFH PROPERTY MANGEMENT SERVICES FY 2019 OF 1 EA

CLAYTON COURT, 51 CLAYTON COURT, WINNEBAGO

Delivery: 02/18/2019 Period of Performance: 02/18/2019 to 09/30/2019

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 21

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12RADA19Q0003

002 MFH PROPERTY MANGEMENT SERVICES FY 2020 OF 1 EA

CLAYTON COURT, 51 CLAYTON COURT, WINNEBAGO

Delivery: 10/01/2019

Period of Performance: 10/01/2019 to 09/30/2020

BASED ON THE AVAILABILITY OF FUNDS FOR THE FISCAL

YEAR AND THE NECESSARY REQUIREMENTS FOR ANY OR

ALL OF THE SERVICES; SEE FAR CLAUSE 52.32-18 AND

52.232-19.

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

Solicitation #12RADA19Q0003 Page 3 of 21

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, in conjunction with FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

This solicitation is issued as Request for Quotation (RFQ), 12RADA19Q0003.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-01 effective December 20, 2018.

This solicitation is a small business set-aside. The associated North American Industrial Classification System (NAICS) code is 531311 and the small business size standard is $7,500,000.

Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

FAR 52.212-4, Contract Terms and Conditions—Commercial Items applies.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items applies.

Additional required information, provisions and clauses other than those listed above are included beginning on Page 4.

Page

Services and Prices

Statement of Work

Inspection and Payments

Contract Requirements/Clauses

List of Attachments

Instructions, Conditions, Notices

Award Factors

Solicitation #12RADA19Q0003 Page 4 of 21

SERVICES AND PRICES

1. SERVICES REQUIRED: This contract is for management services of the Multi-Family Rural Development

(RD) property listed below. The Contractor shall furnish all necessary personnel, materials, and otherwise do all things necessary to perform the required services at the fixed price offered below.

2. PRICE SCHEDULE – See Inspection and Acceptance (page 7), Paragraph 2 Payments.

FY 2019 SERVICES (February 2019 through September 2019)

Number of Monthly Estimated Item Apartment Management Fee per Number Estimated No. Description Units Apartment Unit of Months Amount

01 Monthly Management 40 X $___________* X 8 = $__________* Clayton Court 10 Clayton Ct #88 Winnebago, IL 61088

FY 2019 TOTAL ESTIMATED AMOUNT: $___________*

FY 2020 SERVICES (October 2019 through September 2020)**

Number of Monthly Estimated Item Apartment Management Fee per Number Estimated No. Description Units Apartment Unit of Months Amount

02 Monthly Management 40 X $___________* X 12 = $__________* Clayton Court 10 Clayton Ct #88 Winnebago , IL 61088

FY 2020 TOTAL ESTIMATED AMOUNT: $____________*

*Quoter is to fill in.

**Based on the availability of funds for the fiscal year and the necessary requirement for any or all of the services. (See Page 9, FAR Clause No. 52.232-18 and 52.232-19.)

NOTE: The unit prices quoted above include all wages, indirect costs, travel (mileage), overhead, general and administrative expense and profit.

STATEMENT OF WORK

1. DESCRIPTION: Rural Development (RD) needs to secure the services of qualified contractors to provide management services for the following multi-family dwelling:

Property Name and Address Number of Units

Clayton Court 40 unit complex 10 Clayton Ct #88, Winnebago, Illinois

Solicitation #12RADA19Q0003 Page 5 of 21

The period of performance for this contract is from date of award through September 30, 2020 or until the property is sold, whichever occurs first.

2. SCOPE: Upon receipt of a contract, the Contractor shall perform services for the management of the property. The Contractor will supply the necessary labor, time, attention and effort of the Contractor’s principals and employees regularly engaged in the business of the Contractor to properly discharge the obligations of the Contractor under this contract including supervision of maintenance and operation activities.

3. DETAILED WORK REQUIREMENTS:

(a) Yard Maintenance Services: The Contractor shall oversee the yard maintenance service as follows:

Maintain grounds to present a neat well-kept appearance. Trim shrubbery as necessary and when grass reaches approximately 4” in height, cut to 2” in height. Trim grass around foundations, fences, trees, etc., as necessary, and remove all clippings in yard. During winter months, keep all public walks clean of snow and ice as would be expected by a prudent homeowner. Payment for these services will be processed under a separate contract. If sufficient funds are available in the Operating Account, payment will be made by the Contractor. If sufficient funds are not available, a separate contract will be awarded by USDA, Rural Development for the yard maintenance services. The USDA, Rural Development Servicing Office may inspect the work at any time.

(b) Budget.

(1) Preparation. The Contractor shall prepare an original project budget and monthly reports for submission to Rural Development for approval. Monthly reports shall be due in the Rural Development Servicing Office by the 20th day of the month immediately following the close of the respective reporting period. For each subsequent fiscal year the Contractor shall prepare a new budget.

(2) Budget Categories. The budget shall be prepared using the format and categories of Rural Development Form 3560-7, “Multiple Family Housing Project Budget”.

(c) Rentals. The Contractor will offer for rent and will rent the dwelling units in the Project. The following provisions will apply:

(1) The Contractor will follow the tenant selection policy prescribed in RD Instruction HB 2 3560.

(2) The Contractor will show the premises to prospective tenants.

(3) The Contractor will take and process applications for rentals in accordance with Exhibit A and Exhibit B. If an applicant is rejected, the Contractor will inform the applicant in writing of the reason for rejection. The rejected application, with reason for rejection noted thereon, will be kept on file until a compliance review has been conducted. If the rejection is because of information obtained from a Credit Bureau, the source of the report must be revealed to the applicant according to the Fair Market Reporting Act. A current list of prospective tenants will be maintained according to RD Instruction HB 2 3560.

(4) The Contractor will counsel all prospective tenants regarding eligibility and will prepare and verify eligibility certifications and recertifications in accordance with Rural Development requirements.

(5) The Contractor will prepare all dwelling leases, parking permits, and will execute the same in its name, identified thereon as Contractor for Rural Development. The terms of all leases will comply

Solicitation #12RADA19Q0003 Page 6 of 21 with the relevant provisions of Rural Development regulations. Dwelling leases will be in a form approved by Rural Development.

(6) Rural Development will furnish the Contractor with rent and income report forms required, showing rents as appropriate for dwelling units, other charges for facilities and services, income data relevant to determinations of tenant eligibility and tenant rents. In no event will the rents and other charges be exceeded.

(7) Immediately upon award of this contract the Contractor will ascertain that each of the current tenants is properly certified and has a current signed lease. Tenants will be certified and will execute leases as necessary or be asked to move from the complex if ineligible.

(d) Enforcement of Leases. The Contractor will ensure full compliance by each tenant with the terms of the Lease. Voluntary compliance will be emphasized. The Contractor, using the services of local social service agencies when available, will counsel tenants and make referrals to community agencies in cases of financial hardship or other circumstances deemed appropriate by the Contractor. Involuntary termination of tenancies should be avoided to the maximum extent consistent with sound management of the Project. In the case of necessary termination, the Contractor will notify the Rural Development Area Office who will initiate the action on behalf of the Government.

(e) Collection of Rents, Security Deposits and other Receipts. The Contractor will collect when due all rents, charges, and other amounts receivable including laundry income on the account in connection with the management and operation of the Project. Such receipts will be deposited immediately in the project’s General Operating Account to be established at a bank, whose deposits are insured by an agency of the Federal Government. The Contractor will collect, deposit and disburse security deposits, if required, in compliance with any State or local laws governing tenant security deposits. Security deposits will be deposited by the Contractor in a separate account, at a Federally insured institution.

This account will be carried in Rural Development’s name and designated on the records as “(Name of Project) Security Deposit Account”.

(f) Accounting System. The Contractor must develop a systematic method to record the business transactions of the project that appropriately reflects the complexity of project operations. The Contractor may be required to implement and use a bookkeeping and accounting system as prescribed by Rural Development. The following accounts will be established as a minimum:

(1) General Operating Account. This account records all project income and disbursements. Excess project cash held in this account may be combined with other project funds described below in temporary (immediate call) interest bearing accounts when separate bookkeeping records are maintained by individual project accounts. This will usually be a checking account which must be maintained in a financial institution insured by the Federal Government.

(A) Deposits. All income and revenue from the housing project shall, upon receipt, immediately be deposited in the General Operating Account. This will include rent receipts, housing subsidy payments, laundry revenue, or any other project income. The Contractor may also, at their discretion at any time, deposit therein other funds which are also to be used for purposes authorized by this section including transfer from the Reserve Account. Housing Assistance Payments received from the Department of Housing and Urban Development (HUD) and Rural Development rental assistance payments shall be deemed to be revenue derived from the operation of the project obligations.

Solicitation #12RADA19Q0003 Page 7 of 21

(B) Disbursement. Not later than the 15th of each month, out of the General Operating Account, the Contractor shall pay or fund the actual, reasonable and necessary monthly project expenses.

Current expenses may include the initial purchase and installation of furnishings and equipment with any funds deposited in the General Operating Account which are not proceeds of the loan or income or revenue from the project. Other authorized disbursements are Rural Development approved installments of debt service, real estate tax escrow, reserve. Any balance remaining in the General Operating Account, except as authorized above, may be retained or transferred to the Reserve Account.

(2) Real Estate Tax Escrow Account. Funds recorded in this account may be deposited in a separate interest bearing account at a Federally insured financial institution. Each month after the payment of actual, reasonable, and necessary current operating and maintenance expenses, there shall be transferred from the General Operating Account to the Real Estate Tax Escrow Account an amount equal to one-twelfth of the total anticipated real estate tax for the year. Any interest earned shall be prorated based on the amount held in the escrow account at the time the interest is earned and it shall accrue and be part of the account. Funds in the Real Estate Tax Escrow Account shall be used only as authorized by this section and until so used, shall be held by the Contractor in the trust for the Government as security for the loan obligations.

(3) Reserve Account. Funds recorded in this account should be held in a separate interest bearing account or accounts at a Federally insured financial institution. Required reserve installments shall be transferred to the Reserve Account at the monthly rate stipulated by the Area Office. Monthly transfers will continue until the account reaches the total amount specified by Rural Development.

Monthly transfers shall be resumed the next month following disbursement from the Reserve Account until it is restored to the specified total minimum sum. Funds in the Reserve Account shall be used only for authorized purposes as described below and, until so use, shall be held by the Contractor in trust as security for the loan obligations. Reserve Account funds not immediately needed for authorized purposes may be invested in saving certificates insured by a Federal institution, or invested in readily marketable obligations of the United States Treasury Department, the earnings on which shall accrue to the reserve account. Interest earnings may be used to meet the monthly installments to the Reserve Account and/or to meet a modified and higher reserve level established periodically by a Rural Development approved amendment to the borrower’s loan agreement or resolution. Such amendment may be made to build reserve for scheduled replacement of depreciable property items in addition to general reserve requirements. Any amount in the reserve account which exceeds the total sum specified in the loan agreement or resolution may be transferred to the General Operating Account for the authorized purposes, only when it is agreed to by Rural Development to be in excess of the requirement. However, the Rural Development Specialist may direct the excess sum to be retained in the Reserve Account when determined necessary to protect the Government’s security interest. With prior consent of the Government, funds in the Reserve Account may be used by Contractor for the following purposes.

(A) To pay costs of repairs or replacements to the housing, furnishings or equipment caused by catastrophe or long-range depreciation which are not current expenses. Withdrawals for approved purposes should be approved in advance during the annual budget approval process.

(B) To make improvements to the housing project without creating new living units.

Solicitation #12RADA19Q0003 Page 8 of 21

(C) For other purposes desired, which in the judgment of the Government will promote the loan purposes, strengthen the security or facilitate, improve, or maintain the orderly collectibility of the loan, without jeopardizing the loan or impairing the adequacy of the security.

(4) Tenant Security Deposit Account (When applicable). Upon receipt, all tenant security deposit funds collected shall be deposited in a separate account at a Federally insured financial institution, and shall be handled according to any State or local laws governing tenant security deposits. All tenant security deposit funds collected shall be recorded in a bookkeeping account that is separate from the project bookkeeping accounts. Funds in the Tenant Security Deposit Account shall only be used for authorized purposes as intended and represented by the project management plan. They shall be held by the Contractor in trust for the respective tenants until so used. Any amount in the Tenant Security Deposit Account which is retained by the Contractor as a result of lease violations, shall be transferred to the General Operating Account and treated as income of the housing. In no case will interest earned on security deposits accrue to the Contractor. Any interest earned but not returned to the tenants will accrue to the project’s General Operating Account for disposition as outlined in the management plan.

(g) Maintenance and Repair. The Contractor will maintain and oversee the repair of the project in accordance with this Statement of Work and local codes, and keep it in a condition acceptable to Rural Development at all times. This will include, but is not limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, energy conservation measures and practices; and such other maintenance repair work as may be necessary, subject to any limitations imposed by Rural Development in addition to those continued herein. At any time when repairs or purchases cost over $500.00, the Contractor will obtain the concurrence of the USDA, Rural Development Servicing Office prior to commencing with such repairs.

Incident thereto, the following provisions apply:

(1) Subject to the Rural Development’s prior written approval, the Contractor may contract with a qualified third party to do weekly cleaning, vacuuming and trash removal of common areas and collecting and accounting of laundry income.

(2) Special attention will be given to preventive maintenance, and to the greatest extent feasible, the services of regular maintenance employees will be used.

(3) Subject to the Rural Development’s prior written approval, the Contractor may contract with qualified independent contractors for repairs beyond the capability of regular maintenance employees such as repair of air-conditioning systems, heating systems and the changing of locks.

(4) The contractor will systematically receive and promptly investigate all service requests from tenants, take such action as may be justified, and keep records of the same. Emergency requests will be received and serviced on a twenty-four (24) hour basis. Serious complaints will be reported to Rural Development after investigation.

(5) Notwithstanding any of the foregoing provisions, the prior written approval of Rural Development will be required for any expenditure which exceeds Five Hundred Dollars ($500.00) in any one instance for labor, materials, or otherwise in connection with the maintenance and repairs of the Project. This limitation is not applicable for recurring expenses within the limits of the operating budget or emergency repairs involving manifest danger to persons or property, or that are required to avoid suspension of any necessary service to the Project. In the latter event, the Contractor will inform Rural Development of the facts as promptly as possible.

Solicitation #12RADA19Q0003 Page 9 of 21

(6) The Contractor will advise Rural Development of any cost-effective energy conservation measures adaptable to the project. The Contractor will encourage their use and will assist Rural Development during any installation of these measures.

(h) Utilities and Services. The Contractor will make arrangements for water, electricity, gas, fuel oil, sewage and trash disposal, and vermin extermination, as necessary.

(i) Taxes, Fees and Assessments. The Contractor shall pay all taxes, assessments and government fees promptly when due and payable from the Real Estate Tax Escrow account. The Contractor shall also evaluate local property taxes to insure they bear a fair relationship to the project value and appeal, when appropriate.

(j) Employees. The proposed staffing plan to be submitted with this proposal prescribes the number, qualifications, and duties of the personnel to be regularly employed in the direct management of the Project, including a Site Manager, if appropriate, maintenance, bookkeeping, clerical and other managerial employees. All such personnel will be employees of the Contractor and not Rural Development, and will be hired, paid, supervised, and discharged by the Contractor. Site employee salaries will be paid by the Contractor directly from the project’s General Operating Account. This account will also reimburse the Contractor for Workers Compensation, Social Security taxes, and other taxes normally paid by the employer dealing with wages.

Contractor employees who work off-site or in the Contractor’s office will be paid directly by the Contractor out of the Management fee paid by the Project.

4. REPORTS: The Contractor will furnish information (including occupancy reports) as may be requested by Rural Development and/or the Office of Inspector General from time to time with respect to the project’s financial, physical, or operational condition. The Contractor will also prepare and submit:

Form RD 3560-8 - “Tenant Certification” Form RD 3560-29 – “Notice of Payment Due Report”, aka Project Worksheet (Monthly) Form RD 3560-7 - “Multiple Family Housing Project Budget” (Monthly)

The Contractor will complete and submit actual income and expense information by the 20th of the following month to Rural Development on Form RD 3560-7. The Contractor will complete any additional forms and data prescribed by Rural Development affecting the operation and maintenance of the project.

INSPECTION AND PAYMENTS

1. INSPECTION AND ACCEPTANCE

(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.

(b) Inspection and acceptance will be performed at USDA Rural Development, 312 E. Backbone Road, Suite B, Princeton, Illinois.

2. PAYMENTS: The Contractor will submit monthly invoices for its services including overall management to the Contracting Officer’s Representative or Contracting Officer. Invoices in substantially the same format as Exhibit G will be submitted along with Form RD 3560-29 no later than the 10th day of the succeeding month. Any reimbursable expenses should be invoiced separately.

Solicitation #12RADA19Q0003 Page 10 of 21

CONTRACT REQUIREMENTS/CLAUSES

1. RURAL DEVELOPMENT REQUIREMENTS: In performing its duties under this contract, the Contractor will comply with all relevant requirements of Rural Development. Rural Development requirements include preparation of forms and reports in the format of prescribed Rural Development forms and exhibits.

2. COMPLIANCE WITH GOVERNMENTAL ORDERS: The Contractor will take such action as may be necessary to comply promptly with any and all governmental orders or other requirements affecting the Project, whether imposed by federal, state, county or municipal authority, subject, however, to any stated limitations with respect to repairs. The Contractor will notify Rural Development in writing of all notices of such orders or other requirements, within seventy-two (72) hours from the time of their receipt.

3. NONDISCRIMINATION: In the performance of its obligations under this contract, the Contractor will comply with the provisions of any Federal, State or local law prohibiting discrimination in housing on the grounds of race, color, religion, sex, age, marital status, national origin, or physical or mental handicap (applicant must have capacity to execute a legal contract) including Title VI of the Civil Rights Act of 1968, Executive Order 11246, and the Equal Credit Opportunity Act of 1974, as they relate to Rural Development.

4. BIDS, DISCOUNTS, REBATES, ETC.: With prior approval of the owner, the Contractor will obtain contracts, materials, supplies, utilities, and services on the most advantageous terms to the Project, and is authorized to solicit bids, either formal or informal, for those items which can be obtained from more than one source. The Contractor will secure and credit to the project all discounts, rebates or commissions obtainable with respect to purchases, service contracts, and all other transactions on the project’s behalf.

5. This contract may be terminated by the mutual consent of the Principal Parties as of the end of any calendar month, provided that at least thirty (30) days advance written notice thereof with reasons given is submitted to Rural Development. This provision may be superseded by actions of the U.S. District Court.

6. Upon termination of this contract, the Contractor will submit to Rural Development, or another designated owner as specified by Rural Development, all project books and records and any financial statements required by the Rural Development, along with any keys held by the Contractor.

7. CONTRACTOR’S INDEMNIFICATION: Notwithstanding any provision of this contract or any obligation of Contractor hereunder, it is understood and agreed: (a) that Rural Development has assumed and will maintain its responsibility and obligation through the term of this contract for the finances and the financial stability of the project; and (b) that the Contractor shall have no obligation, responsibility or liability to fund authorized project costs, expenses, or accounts other than those funds generated by the project itself or provided to the project or to the Contractor by Rural Development. Moreover, Rural Development hereby indemnifies the Contractor and agrees to hold it harmless with respect to project costs, expenses, accounts, liabilities and obligations during the term of this contract and further agrees to guarantee to the Contractor the payment of its compensation under this contract during the term of this contract.

8. The Contractor shall be liable for any loss from or injury to, any property resulting solely from the Contractor’s negligence and/or failure to perform the services provided for herein.

9. The Contractor waives, releases, and discharges the Government from any and all claims, demands, and causes for action for damages to person(s) and/or property which may arise in any manner incident to the execution of this purchase order, except his/her rightful claim for payment or compensation, as provided herein.

10. The Contractor shall obtain the services of qualified employees in all instances, and the Contractor is responsible for actions or omissions of employees in performance of work under this contract. The

Solicitation #12RADA19Q0003 Page 11 of 21

Contractor shall not commit, nor permit others to commit any waste, or unlawful acts or nuisances upon property assigned.

11. The Contractor shall not provide information on, nor permit inspection of, any properties assigned under this contract until receiving notice from Rural Development that the property is listed for sale. This prohibition does not apply to firms or individuals responding to solicitations to repair a property and seeking information or making an inspection for that purpose.

12. GOVERNMENT FURNISHED MATERIAL: The Government shall provide the following for use in performance of this contract:

(a) Copies of necessary Rural Development regulations.

(b) Any applicable poster, forms and signs

(c) Award repair contracts in excess of $500 which are required to secure, protect or repair the property.

13. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(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 this/these address(es): https://www.acquisition.gov/.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Date Title

52.204-7 Oct 2018 System for Award Management 52.204-13 Oct 2018 System for Award Management Maintenance 52.204-18 Jul 2016 Commercial and Government Entity Code Maintenance 52.204-19 Dec 2014 Incorporation by Reference of Representations and Certifications 52.212-4 Oct 2018 Contract Terms and Conditions – Commercial Items

52.219.6 Dec 2018 Notice of Total Small Business Set Aside (Deviation 2019-O0003) 52.223-6 May 2001 Drug-Free Workplace 52.224-1 Apr 1984 Privacy Act Notification 52.224-2 Apr 1984 Privacy Act 52.232-18 Apr 1984 Availability of Funds 52.232-19 Apr 1984 Availability of Funds for the Next Fiscal Year 52.232-25 Jan 2017 Prompt Payment 52.232-39 Jun 2013 Unenforceability of Unauthorized Obligations 52.232-40 Dec 2013 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 May 2014 Disputes 52.243-1 Aug 1987 Changes--Fixed Price (Aug 1987), Alternate I (Apr 1984) 52.244-6 Aug 2018 Subcontracts for Commercial Items

14. STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42) (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

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THIS STATEMENT IS FOR INFORMATION ONLY; IT IS NOT A WAGE DETERMINATION

EMPLOYEE CLASS MONETARY WAGE - FRINGE BENEFITS

General Maintenance Worker $15.78 per hour - Fringe Benefits: Ten (10) paid holidays, One (1) week (Janitor) (part-time) (WG-2) vacation after one (1) year employment, nine (9) days sick leave, $0.12 per hour health and welfare.

Laborer (Groundskeeper) $17.35 per hour - Fringe Benefits: Ten (10) paid holidays, One (1) week (part-time) (WG-3) vacation after one (1) year employment, nine (9) days sick leave, $0.12 per hour health and welfare.

Bookkeeper $14.30 per hour - Fringe Benefits: Ten (10) paid holidays, One (1) week (Accounting Clerk IV) (GS-4) vacation after one (1) year employment, nine (9) days sick leave, $0.12 per hour health and welfare.

Records Clerk (Typist) (GS-3) $12.74 per hour - Fringe Benefits: Ten (10) paid holidays, One (1) week vacation after one (1) year employment, nine (9) days sick leave, $0.12 per hour health and welfare.

15. CONDUCT

During the course of this contract, the Contractor will maintain the same high standards of honesty, integrity, impartiality, confidentiality of information, and conduct as Government employees are expected to maintain. The Contractor will not engage in other employment which is incompatible with the duties of this contract. The Contractor will not, directly or indirectly, engage in financial transactions or any kind of business dealings relying on information obtained through the performance of this contract. The Contractor will not have a direct or indirect financial or other interest that conflicts, or appears to conflict, with its responsibilities and duties under this contract.

16. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (FAR 52.212-5) (JAN 2019)

(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, 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.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 6 57a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

Solicitation #12RADA19Q0003 Page 14 of 21

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C.

637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

Solicitation #12RADA19Q0003 Page 15 of 21

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

Solicitation #12RADA19Q0003 Page 16 of 21

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

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

2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 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).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(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.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Solicitation #12RADA19Q0003 Page 17 of 21

___ (6) 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).

___ (7) 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).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(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 (Jan 2019) (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 (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except

Solicitation #12RADA19Q0003 Page 18 of 21 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 (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (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 (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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.

Solicitation #12RADA19Q0003 Page 19 of 21

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