RFQ-11-001 for BPA for appraisals FY11-12 Part 3 of 4.doc

RFQ-11-001 Single Family Housing Appraisals

PRICE QUOTATION PAGE

Your Price Quotation is requested for Single Family Housing appraisals under Blanket Purchase Agreement (BPA) in any or all of the counties of KY. First see “Price Evaluation Credit Factors” in RFQ, then complete your price quotation in the following manner of $$$ /A /*** where “$$$” is your price for the appraisal in that county, and “A” is the letter code of the Price Evaluation Credit Factor for which you qualify for that county, and “***” is the dollar amount of that Price Evaluation Credit Factor. Prices to be valid February 2011 through February 2012. Be sure to claim any credit for which you qualify. We cannot make those determinations for you.

BOWLING GREEN

_______/___/_______Allen

_______/___/_______Barren

_______/___/_______Butler

_______/___/_______Edmonson

_______/___/_______Logan

_______/___/_______Simpson

_______/___/_______Warren

COLUMBIA

_______/___/_______Adair

_______/___/_______Casey

_______/___/_______Cumberland

_______/___/_______Green

_______/___/_______Marion

_______/___/_______Metcalf

_______/___/_______Monroe

_______/___/_______Russell

_______/___/_______Taylor

ELIZABETHTOWN

_______/___/_______Breckenridge

_______/___/_______Bullitt

_______/___/_______Grayson

_______/___/_______Hardin

_______/___/_______Hart

_______/___/_______Larue

_______/___/_______Meade

_______/___/_______Nelson

_______/___/_______Washington

HAZARD

_______/___/_______Breathitt

_______/___/_______Harlan

_______/___/_______Knott

_______/___/_______Lee

_______/___/_______Leslie

_______/___/_______Letcher

_______/___/_______Owsley

_______/___/_______Perry

LEXINGTON

_______/___/_______Anderson

_______/___/_______Bourbon

_______/___/_______Boyle

_______/___/_______Clark

_______/___/_______Estill

_______/___/_______Fayette

_______/___/_______Garrard

_______/___/_______Jessamine

_______/___/_______Madison

_______/___/_______Mercer

_______/___/_______Woodford

LONDON

_______/___/_______Bell

_______/___/_______Clay

_______/___/_______Clinton

_______/___/_______Jackson

_______/___/_______Knox

_______/___/_______Laurel

_______/___/_______Lincoln

_______/___/_______McCreary

_______/___/_______Pulaski

_______/___/_______Rockcastle

_______/___/_______Wayne

_______/___/_______Whitley

MOREHEAD

_______/___/_______Bath

_______/___/_______Boyd

_______/___/_______Bracken

_______/___/_______Carter

_______/___/_______ Elliott _______/___/_______Fleming

_______/___/_______Greenup

_______/___/_______Lewis

_______/___/_______Mason

_______/___/_______Menifee

_______/___/_______Montgomery

_______/___/_______Nicholas

_______/___/_______Powell

_______/___/_______Robertson

_______/___/_______Rowan

PAINTSVILLE

_______/___/_______ Floyd

_______/___/_______ Johnson

_______/___/_______Lawrence

_______/___/_______Magoffin

_______/___/_______Martin

_______/___/_______Morgan

_______/___/_______Pike

_______/___/_______Wolfe

SHELBYVILLE

_______/___/_______Carroll

_______/___/_______Franklin

_______/___/_______Henry

_______/___/_______Jefferson

_______/___/_______Oldham

_______/___/_______Shelby

_______/___/_______Spencer

_______/___/_______Trimble

WILLIAMSTOWN

_______/___/_______Boone

_______/___/_______Campbell

_______/___/_______Gallatin

_______/___/_______Grant

_______/___/_______Harrison

_______/___/_______Kenton

_______/___/_______Owen

_______/___/_______Pendleton

_______/___/_______Scott

MAYFIELD

_______/___/_______Caldwell

_______/___/_______Crittenden

_______/___/_______Ballard

_______/___/_______Calloway

_______/___/_______Carlisle

_______/___/_______Fulton

_______/___/_______Graves

_______/___/_______Hickman

_______/___/_______Livingston

_______/___/_______Lyon

_______/___/_______Marshall

_______/___/_______McCracken

_______/___/_______Trigg

MADISONVILLE

_______/___/_______Christian

_______/___/_______Daviess

_______/___/_______Hancock

_______/___/_______Henderson

_______/___/_______Hopkins

_______/___/_______McLean

_______/___/_______Muhlenberg

_______/___/_______Ohio

_______/___/_______Todd

_______/___/_______Union

_______/___/_______Webster

ALL COUNTIES

__________Hourly Fee for Expert Witness Testimony. Do not include travel and per-diem in the above fees. Those are paid separately under Government travel and per-diem regulations.

Contractor Contact and Registration Information Form 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: ____________________________

FAX NUMBER:__________________

FFIS Vendor Code Request Form Attached:_____ Yes _____ No

CCR and ORCA registration information

Please complete both #1 or #2, below:

1. /_/ My CCR Registration is active until _______________

2. /_/ My ORCA Registration is active until _______________

Signature and Date

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

FFIS VENDOR CODE REQUEST KY Overprint Aug 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 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 A

QUOTATION PREPARATION INSTRUCTIONS

NOTICE: A QUALIFIED CERTIFIED GENERAL OR CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER PROPERLY AND CURRENTLY CERTIFIED IN KENTUCKY MUST ATTEND A MANDATORY ORIENTATION SESSION TO BE ELEGIBLE TO COMPETE. SEE PARAGRAPHS A.8 AND A.9.

A.1 PRICE QUOTATION FORMAT

The contractor’s price quotation shall be presented as the entire price to perform each Appraisal. 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 The quoter must complete all certifications and representations in section I.

entitled REPRESENTATIONS AND CERTIFICATIONS. Specific “fill-ins” are required in the following sections:

I-1 52.219-1 Small Business Program Representations

I-2. 52.222-22 Previous Contracts and Compliance Reports

I-3. 52.222-25 Affirmative Action Compliance I-4. 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification

I-5. 52.204-8 Annual Representations and Certifications I-6. 52.212-3 Offeror Representations and Certifications—Commercial Items (NOTE: As prescribed in the first paragraph of this provision you need to complete only paragraph (b) (2) with “N/A” unless you are modifying any of your ORCA system Representations and Certifications to apply to this solicitation only.

A.3 Insert your quoted prices on page 2.

A.4 The “SPECIFICATIONS” are shown in Section E beginning on page 14.

A.5 General Terms and Conditions of the BPA are shown in Section D beginning on page 10.

A.6 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 Representations I1, I2, I3, I4, I5, and I6.

· completed price quotation pages 2 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 Blanket Purchase Agreements to multiple contractors is anticipated. However, we anticipate only one BPA will be issued for each county unless equal evaluated quotations are provided. If your quotation is based on any bundled group of counties or on an “all-or-none” basis be sure to specify such in your price quotation.

· a completed “Contractor Contact and Registraion Information Form” specifying the dates 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 copy of your certificate as either a “Certified” or “Certified General” appraiser by the Kentucky Real Estate Appraisers Board,

· evidence that at least one professional certified general or certified residential appraiser currently a member of or employed by your company attended a USDA Rural Development, Kentucky State Office Mandatory Appraiser Orientation Session offered on or after November 29, 2010.

A.7 PLACE FOR SUBMISSION OF QUOTATIONS

Submit your quotation by the due date and time specified on page 1 hereof (The Standard Form 18 Request for Quotations Form) to:

USDA Rural Development

ATTN David R. Beveridge

771 Corporate Drive, Suite 200

Lexington, KY 40503

A.8 MANDATORY ORIENTATION SESSION

All appraisers competing for this opportunity MUST attend an orientation session as noted below.

Attendance at a prior Mandatory Orientation Session will NOT qualify your firm.

Vendors are notified that BPAs/Purchase Orders will be issued only to vendors who attend one of the USDA Rural Development, Kentucky State Office Mandatory Appraiser Orientation Sessions scheduled as set forth in A.9 below. No further sessions are anticipated.

Due to changing procedures, attendance for the complete session for any of the above noted sessions is required. Attendance verifications will be furnished at the conclusion of the orientation session. At least one appraiser certified by the Kentucky Appraisal Board as a Certified General Real Property Appraiser, or as a Certified General Real Property Appraiser must attend the orientation session for your firm to receive purchase orders or BPAs. If that individual leaves the company, then your company must promptly notify the Contracting Officer of that fact, and arrange for a substitute individual to receive an Orientation Briefing with one of our staff appraisers before further orders will be issued to your company.

A.9 MANDATORY ORIENTATION SESSION SCHEDULE

Sessions begin at 10:00 AM. The doors are scheduled to be open by 9:30 AM.

We anticipate that sessions will be completed by 12:00 NOON.

November 29, 2010 Lexington, KY at:

Crown Plaza (Campbell House)

1375 Harrodsburg Road

Lexington, KY 40504

November 30, 2010 Morehead KY at:

Morehead Conference Center

111 East First Street

Morehead, KY 40351

December 02, 2010 Bowling Green KY at:

Hilton Garden Inn

1020 Wilkinson Trace

Bowling Green, KY 42103

The Government reserves the right to change the exact meeting place in order to accommodate the expected number of participants. Therefore, advance reservations are requested as described in the attached training notification.

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. The Government reserves the right to change the meeting location if the number of registrants so warrants.

A.10 PRICE QUOTATION FORMAT

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

SECTION B

EVALUATION FACTORS FOR AWARD

B.1 SMALL BUSINESS SIZE STANDARD

This Request for Quotations is a 100% Small Business Set Aside. For purposes of this solicitation the NCIAS Code is 531320. The small business size standard is average annual receipts of $2 Million or less.

B.2 MULTIPLE AWARDS

B.2.a. The Government anticipates making numerous awards from this Request For Quotations (RFQ).

This is a Best Value Request for Quotations. BPAs will not necessarily be issued to the lowest evaluated price, technically acceptable appraiser for each county. Normally a BPA may cover many counties. We DO NOT intend to issue an individual BPA for each county. However, if quotations received are considered to be of approximately equal value, the Government may make multiple awards of BPAs for those counties. The prices you quote for a BPA and for which a BPA is issued may not increase during the initial 12 month term of the BPA. The Government reserves the right to issue individual Purchase Orders to other appraisers during this term when, for example, an appraiser has a conflict of interest, is ill or otherwise unable to complete the appraisal, or if the quality or timeliness of the appraiser’s performance is not considered to be adequate, or for other valid reasons.

B.2.b. The placement of BPA call orders to provide appraisals would normally alternate between identically priced vendors who were awarded BPAs. We do, however, reserve the right to interrupt the exact cycle of order placement for valid reasons, but maintain a goal of approximately equal call order distribution among identically priced vendors. We do not anticipate issuing more than 2 BPAs for each county. If more than 2 vendors submit quotations considered to be equal, tie breaker procedures may be implemented.

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. In addition to considering past performance, the Government will consider the following in selecting vendors.

B.3.a. PRICE EVALUATION OF DISCOUNTS FOR PROMPT PAYMENT:

The Government will consider no price evaluation benefit to quotations including a discount for prompt payment, other than a minimal conceptual advantage when selecting between vendors when prices and/or other factors are determined to be equal, or nearly equal. 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.b The Government reserves the right to minimize the administrative costs of issuing, paying and managing multiple BPAs. Awards of BPAs for individual counties and/or groups of counties may be aggregated to other than the lowest evaluated cost competitor to realize the administrative cost savings of issuing, paying and administering individual BPAs.

B.3.c. PRICE EVALUATION CREDIT FACTORS:

B.3.c.1. As used in this section:

CGRPA means Certified General Property Appraiser, CRRPA means Certified Residential Real Property Appraiser, ARPA means Associate Real Property Appraiser, and

LRPA means Licensed Real Property Appraiser

B.3.c.2. The USDA Rural Development, Kentucky State Office recognizes that there is benefit to an appraiser having intimate knowledge of the local community to yield as accurate an appraisal as possible. Therefore, a competitive price evaluation credit may be awarded to vendors in the following manner. The price evaluation credits are not additive. Only one price evaluation credit may apply for each appraisal company for each county. The credit can be different for different counties. The quoter must claim the price evaluation credit for each county for which a credit is claimed, by entering the CODE and Price Evaluation Credit amount on the Price Quotation Page in the Request for Quotations. The Evaluation Credit Factor does not change the amount you will be paid for the appraisal. You will be paid the amount of your price quotation. The Evaluation Credit Factor only gives you an advantage in the competitive price comparison.

B.3.c.3. For appraisals personally conducted by, and signed by a CGRPA or CRRPA in their own name:

Code A $40.00 If the CGRPA or CRRPA personally conducting the appraisal and signing the appraisal in their own name lives in the county in which the appraisal is being conducted.

Code B $35.00 If the CGRPA or CRRPA personally conducting the appraisal and signing the appraisal in their own name maintains an office in the county in which the appraisal is being conducted, but does not live in that county.

Code C $30.00 If the CGRPA or CRRPA personally conducting the appraisal and signing the appraisal in their own name lives in a county bordering the county in which the appraisal is being conducted.

Code D $25.00 If the CGRPA or CRRPA personally conducting the appraisal and signing the appraisal in their own name maintains an office in a county bordering the county in which the appraisal is being conducted, but does not live in that county.

Code E $30.00 If the CGRPA or CRRPA personally conducting the appraisal and signing the appraisal in their own name personally conducted and signed 25 or more appraisals in that county from the period 12 months before due date of this RFQ.

Code F $25.00 If the CGRPA or CRRPA personally conducting the appraisal and signing the appraisal in their own name personally conducted and signed 20 or more appraisals in that county from the period 12 months before due date of this RFQ.

Code G $20.00 If the CGRPA or CRRPA personally conducting the appraisal and signing the appraisal in their own name personally conducted and signed 15 or more appraisals in that county from the period 12 months before due date of this RFQ.

B.3.c.4. For appraisals conducted by an ARPA or LRPA and signed by a CGRPA or CRRPA:

If the CGRPA or CRRPA did not personally conduct and sign the appraisal in their own name, but did sign and approve the appraisal of a ARPA or LRPA, then the following evaluation credit scale will apply.

Code H $20.00 If the ARPA or LRPA personally conducting the appraisal lives in the county in which the appraisal is being conducted.

Code K $15.00 If the ARPA or LRPA personally conducting the appraisal maintains an office in the county in which the appraisal is being conducted, but does not live in that county.

Code L $15.00 If the ARPA or LRPA personally conducting the appraisal lives in a county bordering the county in which the appraisal is being conducted.

Code M $10.00 If the ARPA or LRPA personally conducting the appraisal maintains an office in a county bordering the county in which the appraisal is being conducted, but does not live in that county.

Code N $15.00 If the ARPA or LRPA personally conducting the appraisal conducted 25 or more appraisals in that county from the period 12 months before due date of this RFQ.

Code O $10.00 If the ARPA or LRPA personally conducting the appraisal personally conducted 20 or more appraisals in that county from the period 12 months before due date of this RFQ.

Code P $5.00 If the ARPA or LRPA personally conducting the appraisal personally conducted 15 or more appraisals in that county from the period 12 months before due date of this RFQ.

(NOTE: Codes I and J are intentionally not used in the above list).

B.4. OTHER EVALUATION CRITERIA

The Government will also consider other factors in selecting the contractor for award. Other factors to be considered will be past performance in terms of timeliness, thoroughness, and completeness of appraisals previously provided to USDA Rural Development, and/or other clients, and technical qualifications and competence as indicated by the Quoter’s technical quotation and/or knowledge of the contracting staff. Socio-economic status will also be considered. In the event of numerous tied quotations, tie-breaker procedures recognized by the Federal Acquisition Regulations may be implemented.

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

B.6. 52.219-6 Notice of Total Small Business Set-Aside (June 2003)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (End of clause)

SECTION C

BLANKET PURCHASE AGREEMENT (BPA) IDENTIFICATION INFORMATION

FOR SINGLE FAMILY HOUSING APPRAISAL SERVICES

BPA Number: (To be completed by the Government upon award of this BPA.)

Initial Term of this BPA (To be completed by the Government upon award of this BPA.)

USDA Vendor Identification Number: (To be completed by the Government upon award of this BPA.)

Contractor’s Name and Address:

Telephone Number:

Taxpayer Identification Number:

Duns Number:

Section A – BPA Award sheet & county by county funding

Section B – Reserved

Section C – Blanket Purchase Agreement (BPA) Identification Information

Section D – Terms and Conditions

Section E – Specifications Section F – Federal Acquisition Regulation Clauses Incorporated in Full Text

Section G – Federal Acquisition Regulation Clauses incorporated by Reference

Section H – Clauses in Full Text

Section I – Representations and Certifications

SECTION D

TERMS AND CONDITIONS

D.1 GENERAL AND SPECIAL PROVISIONS – The following general and special provisions are applicable to this agreement from the effective date, until the cited expiration date and/or exhaustion of funding specified in PERIOD OF PERFORMANCE, whichever is sooner, including any extensions or renewals of this agreement.

The Federal Acquisition Regulation (FAR) clauses, USDA Agriculture Acquisition Regulations (AGAR) and Rural Development Regulations listed in this package are applicable to this agreement.

D.2 DESCRIPTION OF AGREEMENT -- The vendor shall furnish Single Family Housing Appraisals in accordance with the attached “SPECIFICATIONS”. The counties reporting to any individual Rural Development office and/or the name or location of any individual Rural Development Office may be changed at the discretion of the Government. Also, offices may be merged, closed, or new offices opened. All rights and responsibilities of both parties will remain in full force and effect in the event of such changes.

D.3 EXTENT OF OBLIGATION – The Government is obligated only to the extent of authorized purchases actually made under this Blanket Purchase Agreement. The Government’s obligation is further limited to the amount set forth in the paragraph entitled PERIOD OF PERFORMANCE.

D.4 PURCHASE LIMITATION – No individual call order placed under this agreement shall exceed $2,500.00. Performance of any call/order exceeding $2,500.00 shall be at the contractor’s risk. In no event shall the cumulative total of all calls, after price discounts exceed the dollar amount or the time specified in the section entitled PERIOD OF PERFORMANCE.

D.5 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA –

Calls may be placed by either, Contracting Officer, USDA Rural Development, Kentucky State Office, or by the Area Director or Area Specialist of a USDA Rural Development, Kentucky Area Office and/or any other individual/organization/position of which the Contracting Officer gives subsequent written notification to the Contractor.

D.6 DELIVERY TICKETS – All deliveries under the agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) BPA Call number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

D.7 INVOICES –

D.7.a. Vendors shall submit only a single consolidated invoice (aggregating all completed BPA calls completed since the last invoice) to each Area Office per month or after the end of the Government’s current Fiscal Year, or upon expiration or cancellation of this BPA, whichever occurs first, for all deliveries made during a billing period and have not already been invoiced. During the period of the BPA offices may move and/or merge with other offices. Submit your invoice to the office that generated the BPA call, unless you have been given direction that the office has moved or closed, in which case the invoice is to be directed to the proper succeeding office. DO NOT submit an invoice for each appraisal, or multiple invoices at the end of a month. Our offices have been instructed to return all but the first invoice received for BPA calls to the contractor, for consolidation with your next month’s invoice. If multiple invoices are received at one time, the same rule of accepting only the first invoice will still be implemented. The single consolidated monthly invoice is considered to be a “deliverable product” under this BPA. However, there is no need for the contractor to submit a consolidated monthly invoice in months where no appraisals were delivered. The normal payment cycle will not begin until receipt of a proper monthly consolidated invoice (even if it contains only one appraisal, a separate monthly consolidated invoice is still required) and acceptance by the Government of the deliverable appraisal(s).

D.7.b. Additionally, do NOT duplicate on your invoice a charge for any appraisal for which you have not been paid on a subsequent invoice unless you are directed to do so by either the contracting officer or one of the designated BPA Call Order ordering officials identified under the paragraph INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA above. It would, however, be acceptable and helpful to list any unpaid appraisal and enter “UNPAID” instead of the dollar amount still unpaid. (NOTE: this situation may exist in cases when an appraisal was made and delivered by the contractor and invoiced at the proper time, but the appraisal was not deemed to be acceptable by the Government before payment was processed by the Government.

D.7.c. The only exceptions to the single consolidated invoice per month requirement is at the end of the U.S. Government’s Fiscal Year and at the end of the BPA.

D.7.c.1. At End of Government’s Fiscal Year.

All vendors shall submit a separate consolidated invoice for non-invoiced BPA calls which were issued in the prior Fiscal Year and a separate regularly scheduled monthly invoice for non-invoiced BPA calls which were issued in the succeeding Fiscal Year, regardless of the dates on which the appraisals were completed. Each invoice shall be prominently marked with a legend “THIS INVOICE IS FOR BPA CALLS ISSUED IN FY20xx” where xx represents the last 2 digits of the Government’s Fiscal Year. For example, for BPA Calls issued through September 30 the xx entry would be the last 2 digits of the current calendar year. For BPA Calls issued on or after October 1 of that year, the xx would be the last 2 digits of the next calendar year (September 30, 2011 is FY2011, October 1, 2011 is FY2012). DO NOT UNDER ANY CIRCUMSTANCES INCLUDE AN APPRAISAL ORDERED IN ONE US GOVERNMENT FISCAL YEAR ON THE SAME INVOICE WITH AN APPRAISAL ORDERED IN A DIFFERENT FISCAL YEAR. DOING SO WILL BE CAUSE FOR REJECTION AND RETURN OF YOUR ENTIRE INVOICE.

D.7.c.2. At End of BPA.

Upon termination, cancellation, or after expiration of this BPA, if all appraisals ordered by BPA call orders for an individual Office have been delivered, the vendor may immediately submit a single consolidated invoice for all non-invoiced appraisals which have been delivered, but not yet paid.

D.7.d. If all appraisals ordered by BPA call orders for an individual Office have not been delivered as of the termination, cancellation, or expiration of this BPA, the vendor shall wait until the next month to submit a single consolidated invoice.

D.7.e. All invoices must be supported by copies of delivery tickets for each appraisal invoiced.

D.7.f. A proper invoice shall consist of:

a. the contractor’s name and complete mailing address,

b. the invoice number (no longer than 8 characters so it can be printed on EFT payments-invoice numbers longer than 8 characters will be substituted with any information deemed adequate by the contracting office, or left blank on EFT payments) and invoice date. Please do not “zero fill” any leading characters in your invoice number (e.g. show 34 not 00000034). Make your invoice number extremely obvious on your invoice. If it is not, it may be omitted from your EFT payments.

c. the blanket Purchase Agreement number,

d. an itemization of charges by call order number and date, and

e. a copy of the delivery ticket for each appraisal invoiced.

D.7.g. Incorrect invoices will be returned to the contractor for omissions or errors of any of the foregoing, or for (1) submitting multiple invoices during a month; (2) failing to cite a Record of Call Number; (3) citing an invalid Record of Call Number; or (4) having other payment discrepancies. Resolution and correction will require the Vendor (contractor) to contact the Ordering Official (person placing the order). The invoice will not be considered as having been received until corrected and returned to the issuing office address set forth in the BPA Call order.

d.7.h. Invoices shall not be submitted until the appraisal has been performed and until the proper and complete appraisal documents are submitted to the USA Rural Development Kentucky Office that issued the BPA call. Submit all invoices to the proper office at the address shown in the paragraph entitled INVOICING ADDRESS AND DATE.

D.8. POSSIBLE CHANGES TO OFFICE/COUNTY STRUCTURE— During the term of this BPA it is likely that there will be some changes to the number and/or locations of Rural Development Offices, and/or, the responsibility for individual counties at individual offices. No changes to the office structure shall be grounds for any increase in price or diminution of the responsibilities of the successful contractor. The contractor will be made aware of any appropriate changes.

D.9. RESERVED –

D.10. PAYMENT – All payments under this agreement will be paid under the provisions of the Prompt Payment Act. See Clause FAR 52.212-4. Payment shall be considered as having been made on the day a check is dated or an electronic funds transfer is made.

D.11. RESERVED

D.12. PERIOD OF PERFORMANCE -- The effective date for this Blanket Purchase Agreement will begin on the effective date of award and end on the date one year thereafter, or until the expenditure ceiling set forth on the cover page of this BPA for each county and/or line item(the amount of funding obligated to this BPA) is reached, whichever is sooner. This agreement may be cancelled by either party upon thirty (30) days written notice. In the event of cancellation, performance of outstanding orders under the terms and conditions hereof shall continue until completed in accordance with order deadlines unless the appraisal is cancelled by the Contracting Officer. This agreement may be renewed upon its expiration by mutual agreement between the parties.

D.13. NOTIFICATION BY CONTRACTOR TO CONTRACTING OFFICER – When the value of all calls/orders placed reaches 80% of the ceiling amount of this BPA and/or 80% of the funding allocated to any individual line item (type of funds), the contractor shall immediately notify the Contracting officer by written notice and by telephone that the 80% funding level has been reached.

When the value of all calls/orders placed reaches either 100% of the ceiling amount of this BPA and/or 100% of the funding allocated to any individual line item (type of funds or county), and/or such a level that it would be impractical to place another order because of insufficient funds remaining, whichever is earlier, the contractor shall immediately notify the Contracting officer by written notice and by telephone that funds have been exhausted. Further orders will not be accepted by the contractor unless and until the Contracting Officer provides additional funding. The contractor will not be paid for any appraisals the exceed the ceiling amount of funds allocated to any individual line item, by type of funds, for any county.

D.14. PRICES – The prices to the Government for all purchases made under this agreement shall be as low as, or lower than those charged the contractor’s most favored customer for similar quantities. If the contractor provides appraisals at a lower price than those set forth in this BPA for the contractor’s most favored customer for similar quantities, the contractor shall immediately notify the Contracting Officer of that fact, provide the pricing information for the contractor’s most favored customer for similar quantities, and execute a modification to this BPA with the revised lower prices. Failure to make such notification may constitute fraud and/or other violations of law or regulation and subject the contractor to penalties.

D.15. PROCEDURES FOR PLACEMENT OF ORDERS –

Authorized individuals will place orders with the contractor by issuing a call order. The contractor will reference the call order number as well as the Blanket Purchase Agreement number on all correspondence concerning this agreement, including delivery tickets and invoices.

D.16 RESERVED

D.17. TERMINATION OF BPA – The Government may terminate this BPA:

1. when the vendor fails to abide by the terms and conditions of the BPA, including, but not limited to when the vendor:

a. accepts orders but routinely or repeatedly fails to deliver when specified by the Government or promised by the vendor.

b. fails to offer Rural Development “most favored” customer status price,

c. provides goods and/or services not listed in the BPA.

2. When the vendor’s State certification is suspended or revoked.

3. When the Vendor repeatedly or consistently provides poor service.

4. If the vendor files a fraudulent claim or invoice.

5. If the vendor demonstrates improper business practices or conflict of interest.

6. If the vendor provides kickbacks or favors to Government employees in exchange for business.

7. Upon Rural Development’s determination that the goods or services provided are not appropriate for a BPA.

8. If in the judgment of the Government it is no longer appropriate or in the best interests of the Government to continue the BPA.

Upon termination of the BPA for cause (excluding items #7 & #8 above) the vendor becomes ineligible for a new BPA or BPA call orders.

D.18. TERMINATION FOR CONVENIENCE – The Contracting Officer, by written notice, may terminate any individual call/order or the BPA itself for the Government’s convenience. See FAR clause 52.249-4

D.19. TERMINATION FOR DEFAULT – The Contracting Officer, by written notice, may terminate any order herein, and/or the BPA itself, in whole or in part, for failure of the vendor (contractor) to perform any of the provisions of this BPA and/or the terms of the Record of Call (order). In such an event, the vendor (contractor) shall be liable for damages, including the excess cost of reprocuring the services. See FAR Clause 52.249-8.

D.20 RESERVED

D.21. ADMINISTRATION – The Contracting Officer shall be notified in writing of any change which will have an impact on ordering, payment, or performance of services under this agreement, at the following location:

ATTN: Contracting Officer

USDA-Rural Development

771 Corporate Drive, Suite 200

Lexington, KY 40503

Phone 859-224-7332

FAX 859-224-7339

D.22. SERVICE CONTRACT ACT – If this BPA provides for services as defined by the Service Contract Act of 1965 and PL 89-286, the Act and the public law are applicable. The vendor (contractor) is required to provide this office with an annual Wage Rate Information Sheet in accordance with FAR Part 37. In addition the vendor (contractor) is required to pay each service employee employed in the performance of this BPA by the contractor or subcontractor not less than the wage and fringe benefits determined by the Secretary of Labor that prevails in the locality. The minimum wage and fringe benefits for this service will be specified in the wage rate determination that will be attached to the BPA at the time of execution. In the absence of a specific wage rate determination, the minimum wage set forth in the Fair Labor Standards Act will prevail.

D.23. 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond _December 03, 2010_. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond _December 03, 2010_, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause)

SECTION E

SPECIFICATIONS

E.1. OBJECTIVE:

USDA, Rural Development requires certified appraisers to provide appraisals and expert witness testimony to defend the appraisal in court for residential properties for the various counties located in Kentucky. Defending the appraisal in court has been an infrequent event in exceptional cases only.

The contractor must be either a “CRRPA” Certified Residential Real Property Appraiser” or a “CGRPA” Certified General Real Property Appraiser”. The contractor may employ an “ARPA” Associate Real Property Appraiser or “LRPA” Licensed Real Property Appraiser to perform services, but the deliverable appraisal must be signed in the name of a CRRPA or CGRPA, and signed by a CRRPA or CGRPA.

E.2. DETAILED APPRAISAL REQUIREMENTS: The Contractor shall:

a) Provide an original typewritten or computer generated real property appraisal package in accordance with the current edition of Uniform Standards of Professional Appraisal Practice (USPAP), Rural Development Handbook (HB-1-3550) (accessible via internet at http://www.rurdev.usda.gov/regs/handbook/hb-1-3550/1chap05.pdf) and send the appraisal to the USDA Rural Development Office specified in the “SHIP TO” block of the order. Use Rural Development forms or standardized appraisal forms.

b) List the specific dollar value on the appraisal. Dollar value ranges shall not be used.

c) Analyze comparable property sales of less than one year for the property being appraised. If sales data is limited and appraiser deems comparable sales greater than one year is necessary for analysis, then the appraiser must report their reasoning why those sales were analyzed.

d) Only comparable sales that are arms-length shall be used for market analysis within the sales comparison approach. (Sales financed with a Rural Development mortgage will be acceptable provided the appraiser can verify that the sale financing is either void of incentives or if the appraiser can identify the incentives, in which case an appropriate adjustment must be applied to the sale.) Each comparable sale analyzed must include due diligence by the appraiser to verify and analyze the type of financing and, if any, financing concessions or other atypical market terms were included in the sale. Adjustments shall never be made to the sale properties for financing incentives that are discovered for the subject property. Adjustments are made only to the comparable sales for the differences between the subject property and the sale property.

e) Utilize the sales comparison approach, and if necessary for credible assignment results, the cost approach for properties that are one (1) year old or greater in actual age. The cost approach must be developed for new properties or properties that are less than one (1) year old in actual age. The income approach may only be used to support a loan servicing action or to determine a disposition plan for Real Estate Owned (REO) property. Lot values and remaining economic life will be stated on all appraisals.

f) Contractor shall provide an ”as is” market value for foreclosure properties and properties needing no repairs. An “as improved” value will be estimated for proposed construction based on construction plans and specifications, and on properties needing repairs. The Loan Originator will determine the required type of value and provide a list of repairs, if applicable, for the property. If multiple types of value are requested, the appraiser must summarize their analysis for each type of value developed to comply with USPAP. Stating a value opinion without a summarization of the analysis will not be accepted. A sworn statement (i.e. Oath of Appraiser form to be provided by the Government) must be executed by the certified appraiser for appraisals being conducted for foreclosure sale purposes.

g) Include original color photographs or digitally generated color photographs with the appraisal package. Pictures shall be at a minimum of the front, rear and street scene photos of the appraised residence. If other significant factors should be noted then additional photos need to be added to support those factors. Additionally at minimum, a color photograph or digitally generated color photograph of the front view of each comparable residence shall be provided.

h) By the due date specified on the order, the properly completed appraisal is to be in the hands of the Government at the area office specified in Block #3 of the “Appraisal BPA Call Order/Delivery Ticket Worksheet. If no due date has been specified on the order, then the due date is ten (10) calendar days (including weekends, but excluding Federal Holidays) after the issuance date of the BPA Call Order. Placing a deliverable in the mail, or delivering to a carrier does not constitute delivery. The vendor is to use whatever means are necessary to get the completed product to the delivery site by the due date. Extraordinary delivery fees are the responsibility of the vendor. They will not be reimbursed by the Government.

i) Within seven (7) days, correct any deficiencies noted by the Rural Development officials and return the corrected appraisal to proper office as well as to any other USDA Rural Development office that may have notified you of the deficiency.

j) If required, provide expert witness testimony to defend the appraisal in court hearing. If required, the Government will reimburse the contractor’s costs for transportation, lodging, and meal in accordance with the Government’s per diem rates. Prior to incurring the costs, contact the Contracting Officer to obtain approval and the most current per diem rates.

k) Not purchase the property being appraised or receive loan assistance for the property, nor shall the contractor’s affiliates purchase or receive loan assistance for the property.

l) Sign and date all appraisals, including any appraisals performed by the contractor’s subcontractors.

m) Any questions or concerns may be addressed to the following Rural Development staff appraisers:

Donna Herald

Jonathan Disney

141 Leestown Center Way, Ste. 220

771 Corporate Drive, Ste. 200

Lexington, KY 40511

Lexington, KY 40503

(859) 224-7331

(859) 224-7673 donna.herald@ky.usda.gov jonathan.disney@ky.usda.gov

E.3. ISSUANCE OF BPA CALL ORDERS:

The Contracting Officer, or an Area Director, or an Area Specialist will issue BPA Call Orders to the contractor for the property to be appraised. The BPA Call Order will contain, at a minimum the following information:

1. Name of Buyer

2. Name of Seller

3. Name and phone number of the Rural Development Area Office which is to be contacted for further information before beginning the appraisal

4. Address and county of the property

5. DLOS number and date of obligation for the original loan, if the appraisal is for servicing.

6. Unit price and amount

E.4. FURNISHED DOCUMENTS:

The Area Specialist or Area Director in the applicable area office where the property is being appraised will provide the following information to the contractor.

1. Legal description

2. Direction Map

3. Estimates on cost of required property repairs

4. Certified set of building plans and specifications for proposed construction

5. Option or sales agreement

6. Existing surveys

7. Tax Bills or assessments

8. Flood Certification

E.5. DELIVERY OF APPRAISALS BY EMAIL:

Delivery of appraisals may be made by Email to the destination location as long as delivery is made to each individual in that office, unless the BPA Call order specifically identifies a limited list of individuals to receive the deliverable. This is necessary because there is no “office wide” email account and if an individual is not in the office, then other individuals cannot access the information. If Email is used as the method of delivery then the appraisal will be determined to be delivered at the date and time the USDA Email system transmits a successful delivery receipt to the appraiser. The only acceptable evidence to establish the date and time of delivery is the above noted delivery receipt. Therefore, appraisers should always request the Email system furnish an electronic “delivery receipt” when sending appraisals by Email. “Read Receipts” are not required and may or may not be furnished at the discretion of the employee. Note: DO NOT SEND YOUR INVOICE WITH AN APPRAISAL. Send your monthly consolidated invoice as required elsewhere in this BPA.

SECTION E

FEDERAL ACQUISITION REGULATION CLAUSES INCORPORATED IN FULL TEXT

F.1 52.219-6 Notice of Total Small Business Set-Aside (June 2003)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (End of clause)

F.2 52.204-7 Central Contractor Registration (Apr 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business…