RFQ for Title Updates FY2010 competition 09-29-2009.doc

RFQ-10-002 Title Opinion Updates in the Western District of Kentucky Page # 2 of 12

SECTION A

QUOTATION PREPARATION INSTRUCTIONS

A.1 PRICE QUOTATION FORMAT

The contractor’s price quotation shall be presented as the entire price to perform each title opinion update. All labor, material, travel costs, equipment use, etc. shall be included in the unit price quoted. Your quotation is due at the place and by the time specified in block 11.b. of the Standard Form 18 (Page #1 of this Request for Quotation [RFQ]).

A.2 reserved A.3 Insert your quoted prices in SECTION D, on page 4.

A.4 The “SPECIFICATIONS” are shown in Section E beginning on page 7.

A.5 Your completed Quotation is due at the date and time and at the place specified on Page 1. Include the following:

· completed blocks 13, 14, 15 & 16 of the Request for Quotation Form (SF18), and sign and return the form,

- completed price quotation page 4 showing your quoted price for each county that you wish to service. Note that purchase orders are issued on a case by case basis. Issuance of purchase orders to multiple contractors is anticipated.

· a completed “CCR/ORCA Registration Confirmation Form and Contact Information” specifying the active dates of your CCR and ORCA registration and your contact information,

· a “FFIS Vendor Code Request” form if you do not have a Vendor Identification Number (VID) or if you are making any changes to your information,

· a technical quotation SHOULD be included to show your qualifications for, and the ability to perform the Title Opinion Updates specified in this Request for Quotations. You may also include information regarding your past performance in providing these services for USDA Rural Development, Kentucky State Office, as well as other public or private clients. Quotations without a technical quotation or an insufficient technical quotation will be at a disadvantage in the Government’s competitive source selection,

· a copy of your current license to practice law in the Commonwealth of Kentucky,

· a copy of your current certification in good standing with the State Bar Association in Kentucky, and

· Evidence of professional liability insurance for errors and omissions in the minimum amount of $250,000 with a deductible not to exceed $5,000 and a fidelity bond in the amount of $50,000 for each individual who will have access to proceeds from the legal actions for any purchase order issued as a result of this Request for Quotation.

A.6 PRICE QUOTATION FORMAT

Prices shall include all charges for labor, material, travel, equipment use, and all other expenses to furnish the work product or services set forth in Section E “SPECIFICATIONS”.

A.7 PRE-QUOTATION CONFERENCE

This RFQ is being issued together with RFQ-10-001 for Foreclosures in the Eastern District of Kentucky. A pre-quotation conference is being held on October 27, 2009 specifically to address issues regarding RFQ-10-001 for those foreclosures. It is not anticipated that issues will be covered regarding this RFQ-10-002, but you are welcome to attend if you so desire.

The Pre-quotation conference for RFQ-10-001 will be held at 771 Corporate Drive, Lexington, KY 40503 beginning at 10:00AM (local Lexington KY time) on October 27, 2009. The meeting site is located off Harrodsburg Road, just outside new Circle Road. The meeting room is marked “NRCS Conference Room” and is on the second floor landing, just to the left of the stairs from the lobby. An elevator is also available.

Potential contractors are requested to notify the Contracting Officer by 5:00 PM, October 23, 2009 if you plan to attend, together with the number of attendees. Please use the form letter attached to the letter forwarding this RFQ to make your reservation. Your representative does not have to be an Attorney, but should be someone who can understand the program and contracting requirements. Your reservation should by made by either FAX to 859-224-7339, or by EMAIL to BOTH of the following: david.beveridge@ky.usda.gov and linda.wolfe@ky.usda.gov You may attend without making a reservation. However registration will allow us to contact you if there is any “last minute” difficulty. Also we can better accommodate the number of attendees and ensure the comfort of all if you make our reservation by the date and time noted above. For your comfort, business casual dress is appropriate. Please bring your copy of the RFQ with you to the pre-quotation conference. The Government reserves the right to change the meeting location if the number of registrants so warrants.

SECTION B

EVALUATION FACTORS FOR AWARD

B.1 This Request for Quotations is a 100% Small Business Set Aside. For purposes of this solicitation the NCIAS Code is 541110. The small business size standard is average annual receipts of $7 Million or less.

B.2 PRICE EVALUATION OF DISCOUNTS FOR PROMPT PAYMENT:

The Government will consider no price evaluation benefit to quotations including a discount for prompt payment. The Government will, however, take any prompt payment discounts which the vendor quotes, and to which the Government is entitled. Prompt payment discounts are not required to be quoted.

B.3 BEST VALUE REQUEST FOR QUOTATION

This is a Best Value Request for Quotation. The Government will make awards to those vendors which the Government determines to offer the best value to the Government, price and other factors included. However, price is by far the most important consideration. In addition to considering price and past performance, the Government will consider the Quoter’s technical quotation including technical qualifications, relevant experience, and past performance in terms of timeliness, thoroughness, and completeness of work previously done for USDA Rural Development and/or other clients and other relevant past performance factors in selecting vendors for award.

B.4 MULTIPLE AWARDS

It is anticipated that multiple purchase orders will be issued as a result of this Request for Quotations one for each title opinion update case. We also anticipate issuing purchase orders to more than one contractor.

B.5 This acquisition is being conducted under Federal Acquisition Regulation (FAR) Part 13.

B.6 STANDING PRICE QUOTATION

In accordance with FAR Part 13, the Government will maintain a listing of Standing Price Quotations received from this Request for Quotation. Quoters may at any time modify their standing price quotation. However, prices may not be adjusted upward for any purchase order once issued by the Government and accepted by the contractor.

SECTION C

RESERVED

SECTION D

D.1 PRICE QUOTATION AND QUOTATION PREPARATION INSTRUCTIONS

PRICE QUOTATION FORMAT

The contractor’s price quotation shall be presented as the entire price to provide a Single Family Housing Title Opinion Update in the Western District of Kentucky as set forth in the Specifications. Insert your quoted price below. You may compete for any, for any combination, or for all of the counties. The price may vary per county, but must be valid for all Title Opinion Update cases in a county. If your quotation is submitted on an “all or nothing” basis, or on any particular combinations of counties, then so state in your price quotation.

CONTRACTOR’s NAME:________________________________________________

County Price

Adair

Allen

Ballard

Barren

Breckenridge

Bullitt

Butler

Caldwell

Calloway

Carlisle

Christian

Clinton

Crittenden

Cumberland

Davies

Edmonson

Fulton

Graves

Grayson

Green

Hancock

Hardin

Hart

Henderson

Hickman

Hopkins

Jefferson

LaRue

Livingston

Logan

Lyon

Marion

Marshall

McCracken

McLean

Meade

Metcalfe

Monroe

Muhlenberg

Nelson

Ohio

Simpson

Spencer

Taylor

Todd

Trigg

Union

Warren

Washington

Webster

SECTION D

D.4 CCR/ORCA Registration Confirmation Form and contact information Please complete the following information and return as a part of your quotation

Vendor Name:______________________________

Duns Number:______________________________

VID Number (if known):______________________

Taxpayer Identification Number (or social security number, whichever you entered in the CCR system).___________________________________

Address:

City/State/Zip:

Business Phone # :__________________________

(Include Area Code)

Cell/other Phone #: _________________________

(Not required but useful to conduct business efficiently) (Include Area Code)

Email Address: ____________________________

(Not required but useful to conduct business efficiently)

FAX NUMBER:__________________

(Not required but useful to conduct business efficiently) (Include Area Code)

FFIS Vendor Code Request Form Attached:_____ Yes _____ No

Please complete either #1 or #2, and please complete #3 below:

My CCR registration is active until: ___________

My ORCA registration is active until: ___________

Signature and Date

SECTION D

D.5 You do not have to send this form unless you are making changes to your previous registration, or you do not have a VID #. If you received purchase orders from Rural Development, Kentucky State Office in 2006 then you have a VID# and do not have to complete this form unless you are making changes to your information.

If this form is required, submit with your quotation. All information, including banking information is required.

FFIS VENDOR CODE REQUEST KY Overprint Jan 2007

For use by Kentucky State Office, USDA Rural Development ONLY -contains specific KY contact information.

VENDORS-Please return this page by FAX to the contracting office that provided it to you

(For Kentucky State Office FAX to 859-224-7339) and also submit a paper copy with your quotation.

GOVT CONTRACTING STAFF ONLY: FAX TO: Fiscal Control Branch– 314-457-4374 TYPE OF REQUEST: Check the ones that apply.

_____ Admin (S&E) __X__Program Loan Costs

_____ New _____Correction – IMPORTANT:”X” Line #s changed: (Always Complete #1) [___1][___2][___3][___4][___5][___6][___7][___8][___9][___10][___11][___12]

1. TAXPAYER ID No./SSN (Always Complete #1) (9 digits):__ __ __ __ __ __ __ __ __

2. VENDOR NAME (As it should appear on checks): (Must be the same as your “Legal Business Name” in your CCR Registration and your FEDERAL TAX returns.)

3. VENDOR PHONE NUMBER (__ __ __) __ __ __ - __ __ __ __

4. REMIT TO ADDRESS (As it should appear on checks):

STREET/PO BOX _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

CITY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ STATE _ _ ZIP CODE _ _ _ _ _ - _ _ _ _

5. TYPE OF VENDOR (Check the one that applies)

_X_ C Commercial Vendor (Business or Individual)

___ G US Federal Government-Non USDA (not serviced by NFC)

___ L Local Government Entity (Cities, Municipalities, Counties, etc.)

___ Q Non Employee Travel through TRVL ONLY

___ S State Government Entity (State Agencies, Universities, etc.)

___ V Intra Departmental USDA (Federal Agencies within USDA)

6. CCR REGISTERED?(Check One)___Y; ___N 7. If Y, DUNS or DUNS+4 Number __________________

8. EFT EXEMPT? N All vendors use “N”

9. If VXP, provide VXP # ____________________________

If the DUNS/DUNS+4 Number or VXP# above are provided, you do not have to fill in the EFT fields below ONLY IF THE BANK ACCOUNT AND ROUTING NUMBER IN OUR CCR RECORD ARE ACCURATE. NOTE: The contracting staff CANNOT see your EFT information in your CCR record so please do not ask us to check it for you, or do not leave them blank if uncertain if your CCR information is correct. Payment will be delayed WITHOUT interest if your EFT information is not correct and/or does not match your CCR information.

10. EFT: BANK ACCT NUMBER ___________________________11. TYPE OF ACCT ___

(CHECKING Or SAVINGS)(“C” or “S”)

12. BANK ROUTING NUMBER (MUST BE 9 DIGITS)_______________________________________

=====================(VENDORS—Do not write below this line)=======================

Requester’s Name: David R. Beveridge Phone: 859-224-7332 FAX 859-224-7339

FFIS VENDOR CODE: __ __ __ __ __ __ __ __ __ __ (to be filled in by the Government)

SECTION E

SPECIFICATIONS

UNITED STATES DEPARTMENT OF AGRICULTURE

RURAL DEVELOPMENT

KENTUCKY STATE OFFICE

TITLE UPDATES IN THE WESTERN DISTRICT OF KENTUCKY

1. The Contractor will perform the title search to a foreclosure property. The Contractor will search the title to the property, beginning with the time period set forth on the final title opinion/title insurance policy to the current date OR if there is NO final title opinion/title insurance policy, the title search must be 30 years from the date of Rural Development mortgage. This will assist our Regional Attorney in drafting foreclosure proceedings.

2. The name(s) and the last 4 digits of the social security number(s) of the borrower(s) is/are listed on the Purchase Order. The contractor shall take care to protect this information from disclosure. The Purchase Order contains “Privacy Act” clauses to which the contractor must abide.

In addition to meeting all of the requirements of RD Instruction 1927-B and RD KY AN No. 021 (1955-A & 3550) SUBJECT: Conducting Foreclosure Sales, Dated May 11, 2009 (as may be modified and/or superseded in the future), the title opinion is to include the following items:

A. Name(s) and address(es) of all parties to be named as party defendants in the foreclosure suit.

B. The following information is to be provided by verification of local marriage and divorce records:

1) Marital status of the Rural Development borrower(s) is to be provided, as any spouse of the borrower needs to be named as a defendant.

2) If joint borrowers are divorced, the date of the divorce is to be indicated, along with the current name and address of any current spouse.

3) If the joint borrowers are divorced, it is to be indicated whether one borrower deeded his or her interest in the property to the ex-spouse after the divorce.

C. For deceased borrower(s) cases, probate records for the county of residence of the deceased borrower must be verified and the following provided:

1) Date of death

2) Provide copy of the Deed Conveying Title to the property at the time of the loan closing and verify who now holds title to the property, according to state law or device, since the death of the borrower.

3) Name and address of any Administrator or Executor.

4) If decedent left a Will, attach a copy, along with the addresses of the devisees and names and addresses of their spouses.

5) If decedent did not leave a Will, list the heirs at law and their spouses along with the addresses.

D. Provide a copy of any mortgage, excluding Rural Development (formerly Farmer’s Home Administration) mortgages, and a copy of any kind of judgment or lien affecting the property. The following information is to be provided for each lien:

1) The NAME AND ADDRESS of the person, business, or entity holding the lien is to be provided. If the lien holder is an entity other than an individual, provide the agent for service of process, along with the process agent’s mailing address.

2) List the type of lien, the date the lien was recorded, and the book and page number of the recording. Particular attention should be paid to UCC filings. If there is a judgment, list the date of the Notice of Execution on security property.

3) If the lien is an Internal Revenue Service lien or State Tax lien, list the name of the agent or state agency and the reference number in the opinion. State the person or the entity incurring the tax liability.

4) If other State or Federal Government agencies hold a lien on Rural Development security property, provide the agency or branch of government that filed the lien.

5) If a judgment lien exists on an individual who is also known as (AKA), or doing business as (d.b.a.) (i.e. James Jackson, Jimmy Jackson, J.S. Jackson, Jackson’s Plumbing & Heating) a determination must be made if the lien encumbers the Rural Development security property.

6) If a Certificate of Delinquent Taxes is held by an individual or government entity, provide the name and address of the certificate holder.

E. Provide a copy of the source deed to Rural Development mortgage debtor.

F. Note if property contains a manufactured home and whether it is personal or real property.

3. The attached form RD 1927-19, “Certificate of Attorney”, must be prepared and executed by the contracting attorney and submitted with the title opinion.

4. Any question or problem regarding this purchase order is to be directed to the Contracting Officer. If additional information about the borrower is needed, first address your question to the Rural Development Centralized Servicing Center (CSC) staff identified in the “SHIP TO” or “DELIVER TO” block of the Purchase Order. If the CSC staff cannot provide the information needed in a timely manner, then immediately contact the Contracting Officer. Contact information for CSC is as follows:

Mark Schwartz

4300 Goodfellow Bldg. 105 FC-213

St. Louis, MO 63120

314-457-5454

Mark.schwartz@stl.usda.gov

Melissa Whiteman

4300 Goodfellow Bldg. 105 FC-213

St. Louis, MO 63120

314-457-5405 314-457-4445 fax melissa.whiteman@stl.usda.gov

5. To assure there is no conflict of interest or an appearance of a conflict of interest, the contract is bound by Section 1.7 of the American Bar Association Model Rules of Professional responsibility (1983). By preparing this title opinion, you or anyone acting on your behalf, from this date forward, are disqualified from bidding at the foreclosure sale or from purchasing this property from the party being foreclosed on.

6. The Contractor will complete the work and deliver, or cause to be delivered, the updated title opinion to the “SHIP TO” or “DELIVER TO” address specified on the Purchase Order within 14 calendar days of the “Order Date” shown on the purchase Order. Failure to return completed work to the CSC within that time may result in this purchase order being canceled and the work being re-assigned without further notice. The Government is under no obligation to accept, and/or pay for any title updates delivered after the 14 calendar day delivery period. Placing the deliverable in the mails, or providing to a delivery or courier service does not constitute delivery. The contractor is expected to use whatever delivery methods are necessary to deliver the deliverable to the “SHIP TO” or “DELIVER TO” address specified on the Purchase Order. The Government will not pay any additional charges for expedited delivery methods. Late delivery(ies) shall be cause for the Government to cease doing business with the contractor, and the contractor may be liable for the remedies set forth in the clause FAR 52.249-8 Default (Fixed Price Supply and Service) as well as other remedies which may be available to the government.

7. The Contractor will submit the updated title opinion, any additional information, and an invoice to the consignee listed in the “SHIP TO” or “DELIVER TO” block of the purchase order (page 1) in order to be paid. Work will be reviewed for acceptance within 7 days, during which time you will be notified of any discrepancies. Any discrepancies must be corrected within 2 days of notification. Discrepancies which may be discovered after the 7 day period must be corrected by the vendor within 7 days after receipt of notice.

8. Billing Instructions – Submit the completed updated title opinion to the CSC office specified in the “SHIP TO” or “DELIVER TO” block of the purchase order, with a Certification of Attorney for each updated title opinion, and an invoice for the purchase order. An individual invoice must be provided for each purchase order. DO NOT consolidate more than one purchase order on a single invoice. An invoice must contain the following information in order for you to be paid:

A. Purchase order number – This is the number on the first line of page 1 of the purchase order identified as either Order Number or Contract Number, depending on which form is being used.

B. Invoice number. The vendor’s invoice number. We recommend that each invoice be uniquely identified alphanumerically. Make your invoice number extremely prominent on your invoice so it can be easily detected. Do not provide an invoice number over 8 characters in length. We normally enter your invoice number on our Electronic Funds Transfer (EFT) “trailer record” that is furnished to your bank along with our payments to assist you in reconciling your accounts. If we do not readily find your invoice number, or if you use an invoice number over 8 characters in length, we will substitute whatever information we deem appropriate on the EFT trailer record, or leave that information field blank.

C. Tax identification number or social security number

D. Total dollar amount to be paid. (Not to exceed the amount set forth in the purchase order).

E. Your office Payment address (which is used if there is difficulty in making a payment by EFT.

In addition it is requested that your invoice include your Vendor Identification Number (VID#) for Electronic Funds Transfer. This number is shown in the address field of the order, immediately above the City and State.

In addition vendors are notified that the maximum amount that the Government will pay for the Updated Title Opinion is the amount shown on the face of the purchase order. Charges in excess of that amount, including surcharges, or separate charges for other items such as copy fees, mileage, overtime, and/or any other increased amounts, surcharges, separate charges will not be paid. Submission of an invoice for less than the amount of the purchase order is mutually considered to be your agreement to reduce the amount of the purchase order to the invoiced amount. Further payments will not be made to pay any remaining amounts.

Failure to include items 9.A through 9.E above may result in significant delay in paying your invoice, and being not eligible for interest penalty payments because a legally proper invoice was not submitted. Failure to include items A through E above may result in your invoice being returned to you for correction and not being considered legally received until you provide the corrected invoice.

SECTION F

RESERVED

SECTION G

FEDERAL ACQUISITION REGULATION CLAUSES INCORPORATED BY REFERENCE

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.arnet.gov/far/loadmainre.htm/

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es). www.arnet.gov/far/loadmainre.htm/

FAR CLAUSE

REFERENCE

DATE

TITLE

52.204-7

Apr 2008 Central Contractor Registration

52.212-1

June 2008 Instructions to Offerors

52.212-4

Mar 2009 Contract Terms and Conditions – Commercial Items

52.212-5

June 2009 Contract Terms and Conditions Required to

Implement Statutes or Executive Orders.

52.214-34

Apr 1991 Submission of Offers in the English Language

52.214-35

Apr 1991 Submission of Offers in U.S. Currency

52.219-6

June 2003 Notice of Total Small Business Set Aside

52.222-25

Apr 1984 Affirmative Action Compliance

52.222-41

Nov 2007 Service Contract Act of 1965 52.225-14

Feb 2000 Inconsistency between English Version and Translation of Contract

52.232-1

Apr 1984 Payments

52.223-6

May 2001 Drug Free Workplace

52.224-1

Privacy Act Notification

52.224-2

Privacy Act

52.232-8

Feb 2002 Discounts for Prompt Payment

52.232-11

Apr 1984 Extras

52.232-18

Apr 1984 Availability of Funds

52.232-25

Oct 2008 Prompt Payment

52.232-33

Oct 2003 Payment by Electronic Funds Transfer – Central Contractor Registration

52-233-1

July 2002 Disputes

52-233-1 Alt 1

Dec 1991 Disputes-Alternate 1

52.233-3

Aug 1996 Protest after Award

52.242-15

Aug 1989 Stop Work Order

52.243-1

Aug 1987 Changes – Fixed Price

52.243-1 Alt 1

Apr 1984 Changes Alternate 1

52.246-1

Contractor Inspection Requirements

52.246-4

Aug 1996 Inspection of Services – Fixed Price

52.247-34

Nov 1991 F.O.B. Destination

52.249-8

Default (Fixed Price Supply and Service)

Either 52.222-20 or 52.222-41 apply, whichever is checked

( ) 52.222-20

Dec 1996 Walsh Healey Public Contracts Act

( X ) 52.222-41

Nov 2007 Service Contract Act of 1965 Either 52.249-1 or 52.249-4 below apply, whichever is checked

( ) 52.249-1

Apr 1984 Termination for Convenience of the Government (Fixed Price) (Short Form)

( X ) 52.249-4

Apr 1984 Termination for Convenience of the Government (Services) (Short Form)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Sep 2009)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(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. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

__ (4) 52.204-11, American Recovery and Reinvestment Act—++ing Requirements (Mar 2009) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved]

__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (9)(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.

__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_XX_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_XX_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

_XX_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_XX_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 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.)

__ (28)(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.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_XX_ (31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (32)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (34) 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).

__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (43)(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.

(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

(End of clause)

SECTION H. List of Attachments:

LIST OF ATTACHMENTS:

RD Instruction 1927-B

Form RD-1927-19 Certification of Attorney

RD KY AN No 021 (1955-A & 3550) SUBJECT: Conducting Foreclosure Sales Date May 11, 2009

(END of Request for Quotations)