Iowa_2013_SFH_BPA.doc

USDA RURAL DEVELOPMENT 2013 BPA SFH APPRAISER

BPA NUMBER

SECTION 1--BLANKET PURCHASE AGREEMENT

1. DESCRIPTION OF AGREEMENT: The vendor shall furnish the services as described in the Statement of Work (SOW) for Single Family Housing Appraisals – Loan Making, SOW for Single Family Housing Appraisals – Loan Servicing, and SOW for Single Family Housing Appraisals – Recapture, which are included as Attachment A, B, and C, respectively.

The Agreement includes the SOW, this Blanket Purchase document, and applicable contract clauses and provisions. This agreement extends from the date of the Contracting Officer’s signature to the end of fiscal year 2013 (September 30, 2013), with four optional years through September 30, 2017. Options may be exercised in writing by the Contracting Officer. The BPA may be cancelled by either party in writing at any time. Any work accepted under this agreement is subject to prior funding approval.

2. EXTENT OF OBLIGATION: Rural Development (RD) is obligated only to the extent of authorized purchases made under the BPA. RD is not obligated to place orders. The vendor is not obligated to accept orders. The vendor is contractually obligated to provide the services under the terms of this agreement once an order has been accepted. The vendor may not be compensated for services performed outside the scope of the agreement.

3. PRICING: Pricing shall be at least as low as prices charged to the vendor’s most favored customer for comparable quantities under similar terms and conditions in addition to prompt payment discounts.

4. AUTHORIZED ORDERING OFFICIALS: The names or titles of authorized RD Ordering Officials are shown below:

Title

Single Order Threshold RD Contracting Officer

$150,000 RD Administrative Contracting Officer

25,000 Michael T. Boyle, RD Staff Appraiser

Kathyrn J. Rice, RD Staff Appraiser

CSC St. Louis Representatives indicated below:

· Laurie Buress

· Karla Campbell

· Sandra Davis

· Doris Mayfield

· Robin Olson

· Cassandra (Cassie) Randolph

· Melissa Whiteman

5. PURCHASE LIMITATION: Any order exceeding the Ordering Official’s delegated authority, or not approved by the RD State Office is outside the scope of the agreement. Orders in excess of this amount shall not be honored or accepted by the Contractor. Failure to comply with this provision may result in termination of the BPA.

Any order at or above the Micro-Purchase threshold ($2,500) is subject to competitive quotes, and must be approved by the Contracting Officer.

6. FEDERAL, STATE AND LOCAL TAXES: Unless specifically exempted, the prices quoted shall include Federal, State and local taxes.

7. COMMERCIAL WARRANTY: The services furnished shall be covered by the most favorable commercial warranty the vendor provides to the general public for such services.

8. QUALIFICATIONS AND LICENSING REQUIREMENTS: Vendors must be licensed, at the time of award and the duration of the BPA, to perform single family housing appraisals in the State of Iowa and be either a Certified Residential Appraiser or a Certified General Appraiser as required by the Iowa Real Estate Appraiser Examining Board.

The vendor represents by accepting the terms and conditions of the BPA that licensing/certification requirements necessary to perform the services are current and valid. A copy of any required license or certification is required to be provided to the State Office.

Appraisal Management Companies (AMCs): Under Section 5.14 of HB-1-3550 DLOS Field Office, Rural Development is required to contract directly with individual appraisers who are active on the Appraisal Subcommittee website. Therefore, for Single Family Housing Direct programs, agreements with AMCs are not permitted.

9. REQUIRED REGISTRATION: Contractors/individuals providing appraisal services to USDA RD must have an active registration in the System for Award Management (SAM), previously known as the Central Contractor Registration (CCR) and On-line Representation and Certification Application (ORCA), before award of any order for services will be made. Information and registration requirements for SAM can be found at www.SAM.gov.

10. PRICE SCHEDULE AND CERTIFICATIONS: All BPA pricing shall be as low as or lower than pricing offered to the most favored customer for comparable services under similar terms and conditions, in addition to any trade or prompt payment discounts offered.

11. APPRAISAL SERVICES PRICING SCHEDULE: Please complete appraisal prices (per appraisal) for the following counties for which you are interested in providing services. Please annotate “N/A” for any county for which you are not available to provide appraisal services.

COUNTY

Adair Adams

Allamakee

Appanoose

Audubon

Benton

Black Hawk

Boone

Bremer

Buchanan

Buena Vista

Butler

Calhoun

Carroll

Cass

Cedar

Cerro Gordo

Cherokee

Chickasaw

Clarke

Clay

Clayton Clinton

Crawford

Dallas

Davis

Decatur

Delaware

UNIT PRICE

COUNTY

Des Moines

Dickinson

Dubuque

Emmet

Fayette

Floyd

Franklin

Fremont

Greene

Grundy

Guthrie

Hamilton

Hancock

Hardin

Harrison

Henry

Howard

Humboldt

Ida

Iowa

Jackson

Jasper

Jefferson

Johnson

Jones

Keokuk

Kossuth

Lee

UNIT PRICE

COUNTY

Linn

Louisa

Lucas

Lyon

Madison

Mahaska

Marion

Marshall

Mills

Mitchell Monona

Monroe

Montgomery

Muscatine

O’Brien

Osceola

Page

Palo Alto

Plymouth

Pocahontas

Polk

Pottawattamie

UNIT PRICE

COUNTY

Poweshiek

Ringgold

Sac

Scott

Shelby

Sioux

Story

Tama

Taylor Union Van Buren

Wapello

Warren

Washington

Wayne

Webster

Winnebago

Winneshiek

Woodbury

Worth

Wright

UNIT PRICE

12. PROMPT PAYMENT DISCOUNTS: The Prompt Payment Act, FAR 52.232-25 (OCT 2008), allows the Government to issue payment on the 30th day after receipt of a proper invoice from the Contractor, or the 30th day after Government acceptance of supplies delivered or services performed, whichever comes later, unless a discount is offered. Please indicate below any prompt payment discounts you offer. If you offer no discounts, you may leave this section blank.

__________%, 10 days; __________% 20 days; __________% 30 days

13. DELIVERY OF SERVICES: Individual task or purchase orders will be placed on a rotational basis with all BPA holders for the specific County. Refer to Attachment D (Single Family Housing Appraisal Order Ticket). The completed appraisal (as indicated on Attachment D) shall be delivered to the Rural Development Ordering Official within 10 calendar days of issuance of the Task Order request.

14. INSPECTION AND ACCEPTANCE: Deliverables will be reviewed for compliance with the applicable SOW within 7 to 14 days of receipt of the completed product. Payment will be made only after the appraisal has been reviewed by USDA RD and determined that the appraisal has been completed in accordance with the requirements of this Agreement and RD Instruction 1922-A.

15. INVOICES AND PAYMENT: The vendor shall submit an original, itemized, signed invoice MONTHLY to the Ordering Official for all deliveries made during the month, and for which payment has not been previously requested.

Invoices shall substantially be in the format shown on Attachment F (Single Family Housing – Blanket Purchase Agreement Monthly Summary Invoice).

It is the vendor’s responsibility to verify that the Ordering Official has accepted services prior to invoicing. Incorrect invoices will be returned to the vendor.

Inquiries relating to payment may be directed to:

USDA Rural Development

ATTN: Lisa Priebe, Administrative Contracting Officer

210 Walnut, Room 873

Des Moines, IA 50309

515-284-4485 lisa.priebe@ia.usda.gov

16. AUTHORIZED GOVERNMENT REPRESENTATIVE: The Rural Development Staff Appraisers will serve as the Authorized Government Representative (AGR), will act as the Contracting Officer’s representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or statement of work, and monitoring the progress and quality of contractor performance. The AGR is not an Administrative Contracting Officer, and therefore does not have the authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract. Nor does the AGR have the authority to direct the accomplishment of any effort which goes beyond the scope of the Statement of Work in the Contract.

When, in the opinion of the Contractor, the AGR requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Administrative Contracting Officer in writing. The Contractor shall take no action under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.

17. BPA TERMINATION: The BPA may be terminated under any of the following circumstances:

a. By either party with 30 days written notice.

i. In the event of termination, delivery or performance of outstanding orders may continue for a period of 30 days, after which time any remaining items will be considered cancelled.

b. When the Contractor fails to abide by the terms and conditions of the BPA, including, but not limited to:

i. Accepts order but routinely fails to deliver on time.

ii. Fails to offer RD most favored customer pricing;

c. When the Contractor consistently provides poor service.

d. If the Contractor files fraudulent claims.

e. If the Contractor demonstrates improper business practices or personal conflicts of interest.

f. If the Contractor offers kickbacks or favors to Government employees in exchange for business.

18. ADDITIONAL REQUIREMENTS

a. Hazardous Waste or Contamination: If the Contractor observes any potential contamination from hazardous substances, hazardous wastes, or petroleum products, or obtains other information about such contamination or any other environmental issues on or near the property, the Contractor is to notify the Ordering Official before proceeding and request instructions.

b. Government Furnished Property: The Government will provide the following to the Contractor, if available:

i. Option or sales agreement, with legal description

ii. Direction Map

iii. Certified plans & specifications, and repair estimates, if applicable

iv. List of repairs necessary to ensure the property meets the Agency’s lending requirements

v. Existing Surveys

vi. Copy of existing title

vii. Tax bills or assessments

viii. Rural Development Instructions/Regulations will be made available for review at the local office during business hours. A copy of Rural Development Handbook, HB-1-3550 is available at the Rural Development website (http://www.rurdev.usda.gov/Handbooks.html).

SECTION 2--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

CURRENT AS OF FAC 2005-61 SEP 13, 2012

1. AGAR 452.204-70 INQUIRIES (FEB 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

CONTRACTOR SHALL READ AND/OR COMPLETE THE NEXT 3 PROVISIONS AS PART OF THE SOLICITATION. Please initial each, and complete the applicable check boxes.

2. _____ AGAR 452.209–70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012)

a. Awards made under this solicitation are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

b. The Offeror represents that –

i. The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

ii. The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

iii. The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.

iv. The Offeror The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision)

3. _____ AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS

a. This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

i. does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

ii. has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

b If the awardee fails to comply with these provisions, USDA Rural Development may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739. (End of Clause)

4. _____ AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001) Work under this agreement is set aside for small business, as defined by the Small Business Administration, (SBA). The North American Industrial Classification System (NAICS) Code for the products and/or services to be acquired and business size standard are:

NAICS CODES AND SBA SIZE STANDARDS

5. FAR 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 http://farsite.hill.af.mil/

6. 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 http://farsite.hill.af.mil/

GENERAL - THE FOLLOWING CLAUSES APPLY TO ALL PURCHASE ORDERS:

52.203-3 Gratuities (APR 1984)

52.219-6 Notice of Total Small Business Set Aside (JUL 1996))

52.242-17 Government Delay of Work (APR 1984)

52.245-4 Government-furnished Property (Short Form) (JUNE 2003)

ADDITIONAL CLAUSES THAT APPLY WHEN APPLICABLE:

52.232-18 Availability of Funds (APR 1984) (Applicable if involved in the text of the order for orders issued before new fiscal year funds become available.)

ADDITIONAL CLAUSES APPLICABLE TO CONTRACTS WITH INDIVIDUALS

52.223-6 Drug-Free Workplace (MAY 2001)

SERVICES - ADDITIONAL CLAUSES APPLICABLE TO PURCHASE OF SERVICES:

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984)

52.242-14 Suspension of Work (APR 1984)

52.243-1 Changes - Fixed Price - Alternate I (APR 1984)

52.237-3 Continuity of Services (JAN 1991)

7. FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (FEB 2012)

a. The NAICS code and small business size standard for this acquisition: See paragraph above.

b. (7) REMIT TO address: See the “Invoices and Payment” section of the BPA document.

(8) Update the representations and certifications in SAM (https://www.sam.gov). Please provide a list of any items that are of issue.

(10) Past performance information: Recent, relevant contracts or previous work with USDA will be the basis of past performance information. For new agreements, references may be used.

(d) Product samples. Not Applicable

(e) Multiple offers. Not Applicable

(f) Late Submissions: Time of receipt for solicitations is 2:00 p.m. Central Time

(j) Data Universal Numbering System (DUNS) Number. The solicitation and agreement require the Contractor to maintain current registration in the SAM database.

8. FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical capability, past performance and price. All evaluation factors other than price/cost, when combined, are approximately equal to price/cost. (FAR 15.304).

9. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (APR 2012) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision (in the SAM site).

10. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (FEB 2012)

(f) Excusable delays. Notification by email or in writing is acceptable.

(g) Invoice. Submission by email is authorized and preferred.

(j) Transportation is F.O.B. Destination.

11. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (AUG 2012)

(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)).

(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 (Apr 2010) (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

___ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

_X_ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (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).

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

___ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

___ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

___ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.)

___ (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.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X_ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

___ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 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)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (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).

(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 U.S.C. 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).

_X_ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(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)).

(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 (Jul 2012).

(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)

12. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999). The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of Clause)

13. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

a. The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended contract shall be considered to include this option clause.

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of Clause)

14. Award of BPAs: The Government’s intent is to award BPAs to those firms that are technically acceptable, responsible, and provide services at or below market prices. In addition, we will award only the number of BPAs sufficient to meet our needs and regulatory competition requirements.

15. .Firm’s Technical Acceptability: The firm must be able to comply with the terms of the BPA. Such criteria include:

· Adequate financial resources or ability to obtain them/

· Ability to comply with the required period of performance, taking into consideration all existing commercial and governmental business commitments;

· Satisfactory record of integrity and business ethics;

· Necessary organization, experience, and skills or the ability to obtain them;

· Necessary equipment and facilities or the ability to obtain them; and be otherwise qualified and eligible to receive an award under all applicable laws and regulations.

Vendors who were not under a BPA with USDA Rural Development in Iowa during the previous Fiscal Year (October 1, 2011 through September 30, 2012), must provide evidence of the information shown above along with a copy of the licensing/certification documentation required in Section 1, Item 8 on Page 1.

SECTION 3--ATTACHMENTS

BLANKET PURCHASE AGREEMENT

ATTACHMENTS

Attachment A:

Statement of Work For Single Family Housing Appraisals – Loan Making

Attachment B:

Statement of Work For Single Family Housing Appraisals – Loan Servicing

Attachment C: Statement of Work For Single Family Housing Appraisals – Subsidy Recapture

Attachment D: Sample Single Family Housing Appraisal Order Ticket

Attachment E: Existing Dwelling & Site Requirements

Attachment F: Sample Invoice

ATTACHMENT A

STATEMENT OF WORK FOR SINGLE FAMILY HOUSING APPRAISALS - LOAN MAKING

GENERAL

Rural Development requires the services of a qualified person or firm to appraise single family housing residential property. These appraisals will be used to determine the market value of properties in connection with loan making decisions.

The definition of “market value” to be used for the appraisal is taken from “The Dictionary of Real Estate Appraisal, Third Edition”. The “market value” to be appraised is:

The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price in not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

1. buyer and seller are typically motivated;

2. both parties are well informed or well advised, and acting in what they consider their best interests;

3. a reasonable time is allowed for exposure in the open market;

4. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and

5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

Upon completion of the required work, the original and one copy of the appraisal plus an invoice shall be submitted to the Rural Development Appraisal Staff who ordered the appraisal. The appraisal(s) must be delivered within the time frame agreed to when the oral solicitation was made.

If required, the Contractor shall defend the appraisal in court or in the Rural Development appeals process. Periodically, an appraiser may be required to accompany a government Designated Review Appraiser on a field review. In an appraiser is required to give testimony or attend a field review, reimbursement for that service will be as stated on page four of these specifications.

The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from Rural Development. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Rural Development requires appraisers to be either a Certified Residential Appraiser or a Certified General Appraiser as required by the Iowa Real Estate Appraiser Examining Board.

DETAILED WORK REQUIREMENTS

1. Appraisals shall be completed on Fannie Mae Form 1004, March 2005, “Uniform Residential Appraisal Report”; or Fannie Mae Form 1073, March 2005, “Individual Condominium Unit Appraisal Report” or equivalent; Form 1007, “Square Foot Appraisal” when required; and supported with documentation as described in these specifications. Appraisals shall be completed in accordance with the most current edition of the “Uniform Standards of Professional Appraisal Practice” (USPAP), and the current Marshall & Swift Residential Cost Handbook. Computer generated reports that produce exact duplicates of required forms are acceptable. These appraisal forms can be found at the following website: http://www.efanniemae.com Adequate advance notice will be given the applicable party when scheduling inspection of the subject property.

The appraisals shall be completed giving due consideration for the following:

A. Location of Property: Adhere to legal descriptions and surveys for proper location of site to avoid errors such as infringement, encroachment, etc. when appraising a property. Provide a complete legal description of the subject property.

B. Use of Comparables: Use comparable sales of single family residential properties. A minimum of three comparables are required. These will be similar in age, value, marketability and size to the property appraised. Comparables will be carefully chosen for similarity and located as close as possible to the property being appraised. It must be clear that the comparables are truly comparable, the 25% gross adjustment and the 15% net adjustment guidelines will be followed. Market value of the subject site is to be obtained by using comparable sales data for other residential building sites sold in the area. THE USE OF PROPERTIES FINANCED BY RURAL DEVELOPMENT, INCLUDING CREDIT SALES, AS COMPARABLES IS PROHIBITED UNLESS SPECIFICALLY AUTHORIZED IN WRITING BY THE USDA RURAL DEVELOPMENT STATE DIRECTOR AFTER OBTAINING NATIONAL OFFICE EXCEPTION.

C. Approaches to Property Value: The market data approach (comparable sales), and the cost approach shall be completed by the Contractor and used to reconcile the final estimate of value of the property. The income approach shall be used in conjunction with non-program property and is considered an optional approach for program property. If the income approach is not used, sound justification for not using it is required.

D. Cost Approach: Form 1007, “Square Foot Appraisal Form”, will be used when appraising properties under one year of age, or when the estimated market value of the property is based on the cost approach. If the property is over one year old the Cost Approach may be completed on the URAR, page 3 of 6. Cost new of the subject is to be based on Marshall Swift Residential Cost Handbook data. Depreciation resulting from physical deterioration, functional and locational/external obsolescence must be clearly addresses.

E. Required Development/Repairs: When the subject property requires development work or repairs to bring that property into compliance with Rural Development program requirements, the cost of those development/repairs shall be given market-recognized contribution to value. The appraiser shall submit both an “as is” and an “as improved” value for the subject property.

F. Reconciliation: The correlation of the value estimates into a final estimate of value is crucial in the appraisal process. Narrative will demonstrate sound reasoning and judgment weighing the appropriateness and quality of data, and supporting the final value estimate.

2. Supporting Documentation: Documentation supporting the development of the appraisal shall be submitted with the completed appraisal. As a minimum the supporting documentation shall include the following:

A. Clear and concise explanation for all adjustments and non-adjustments utilized to develop the appraisal sales comparison approach. All mathematical calculations and/or narrative explanation supporting the adjustments and the decision process. The method used for the cost approach. Summarize the rationale for reconciling within the sales comparison approach and the final value conclusion.

B. Original or digital photographs of the subject property exterior including front, sides, rear and street view, and at least two photographs of the subject’s interior. Original photographs of subject detached garage, storage shed or unusual features of the subject property, as applicable. An original photograph of each comparable sale used in completion of the appraisal. When lot comparables are required, include an original photograph of the lots. Original photographs are required for both the original appraisal and the copy. Photos shall be good quality.

C. A location map showing the location of the subject and the comparables (including lot comparables when required).

D. A diagram of the subject with exterior dimensions and room layout.

E. A copy of the flood map for the area showing the location of the subject. Include panel information from the flood map.

F.

Document the report in compliance with USPAP requirement. This includes but is not limited to: state the report option used, summarize the extent of the process, state the intended use of the appraisal, and summarize the appraisal procedures followed and the reasoning that supports the analyses, opinions and conclusions.

DELIVERY TERMS

(a) Appraisals shall be submitted in original and one copy and are due ten calendar days after the date the purchase order is issued.

(b) If mailed, the postmark shall be the date the appraisal is considered to be issued.

(c) Delivery location will be the Local Office or mailed to the USDA Rural Development Appraiser.

REIMBURSEMENT RATES

Expert Witness Testimony: In the event an appraiser is requested by Rural Development to present testimony at any hearing or legal proceeding within two (2) years of the completed appraisal date, reimbursement will be made at the following hourly rates. An hourly rate of 20% of the cost of the appraisal for the time actually spent in testimony (minimum of 2 hours); an hourly rate of 10% of the appraisal cost for preparation time. Preparation time will only be reimbursed if approved in advance by Rural Development. An hourly rate of 5% of the appraisal cost will be reimbursed for time spent in travel. Reimbursement will also be made for transportation, lodging, and meals at the rates applicable to government personnel. Hourly rate shall begin from departure for the appearance until return to the point of beginning.

If the applicant requests attendance of the appraiser at any hearing or legal proceeding, or appeal hearing, the cost of attendance will be paid by the applicant.

Field Review of an Appraisal: In the event an appraiser is requested by Rural Development to accompany a government designated Review Appraiser, services will be reimbursed as follows: An hourly rate equal to 10% of the appraisal cost will be paid for the time the Review Appraiser and the Appraiser meet. An hourly rate equal to 5% of the appraisal cost will be paid for travel time to and from the designated meeting location Reimbursement will also be made for transportation, lodging and meals at the rates applicable to government personnel.

PERFORMANCE MEASUREMENT

(a) Appraisals will be reviewed by USDA Rural Development staff for reasonableness, accuracy, thoroughness, compliance with USDA Rural Development recommended procedures and compliance with USPAP.

(b) USDA Rural Development is required to report any violations of the Uniform Standards of Professional Appraisal Practices to the Appraisal Licensing Board.

(c) If any aspect of the appraisal or appraisal process does not conform to contract requirements, the Government may require the Contractor to make remedy. The remedy shall be at no increase in cost to the Government.

(d) The government may require the Contractor to take remedial action to ensure that future performance conforms to contract requirements. The remedial action shall be at no increase in cost to the Government.

(e) In the event that a Contractor does not fully comply with the Statement of Work, fails to promptly make remedy, or take the necessary action to ensure future performance is in conformity with contract requirements, the Government may cancel this order.

INSPECTIONS

(a)

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(1) 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.

(2) Inspection and acceptance will be performed at the office of the technical reviewer or the administrative reviewer, depending upon the type of review being done. (End of clause)

(b) The COR shall inspect the appraisal and complete the review within seven (7) calendar days of the date the appraisal was received and shall determine whether or not the appraisal has been satisfactorily completed in accordance with the Statement of Work.

(c) A technical review by the appraisal staff shall be done on the first two or more appraisals submitted by each appraiser. After clearance, most all appraisals will be subject to an administrative review by a trained local office employee. Appraisal staff will complete additional technical and field reviews as deemed necessary to comply with USDA Rural Development review regulations.

(d) Each official review shall be documented on either Form RD 1922-14 (technical review by Agency Appraiser) (with an attached letter defining any deficiencies found) or on Form RD 1922-15(administrative review by local office staff).

(e) If corrections are requested, the original appraisal will be returned to the contractor for correction. The COR will keep the copy in his/her office. The corrected original and a set of corrected pages (to be attached to the copy USDA Rural Development retained) will be returned to the inspecting and reviewing COR.

(f) Once the appraisal is accepted by USDA Rural Development, a copy will be given to the loan applicant.

(g) An on-site review may be completed at any time up to 12 months after the effective date of the appraisal. If differences are found on the field review, corrections will be required. The appraiser may be invited to accompany USDA Rural Development on the field review, although appraiser attendance is not required. However, if the appraiser is called to the site, an hourly fee will be paid from the time contractor meets with the review appraiser until the on-site visits are completed.

ATTACHMENT B

STATEMENT OF WORK FOR SINGLE FAMILY HOUSING APPRAISALS - LOAN SERVICING

GENERAL

Rural Development requires the services of a qualified person or firm to appraise single family housing residential property. These appraisals will be used to determine the market value of properties in connection with loan servicing decisions.

The definition of “liquidation value” to be used for the appraisal is taken from “The Dictionary of Real Estate Appraisal, Third Edition”. The “liquidation value” to be appraised is:

The most probable price which a specified interest in real property is likely to bring under all of the following conditions:

1. Consummation of a sale will occur within a severely limited future marketing period specified by the client.

2. Actual market conditions are those currently obtained for the property interest appraised.

3. The buyer is acting prudently and knowledgeably.

4. The seller is under extreme compulsion to sell.

5. The buyer is typically motivated.

6. The buyer is acting in what he or she considers his/her best interests.

7. A limited marketing effort and time will be allowed for the completion of a sale.

8. Payment will be made in cash in U.S. dollars or in terms of financial arrangements comparable thereto.

9. The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

The limited marketing time to be reflected in the appraisal is 60 days.

Upon completion of the required work, the original and one copy of the appraisal plus an invoice shall be submitted to the…