Missouri_2015_SFH_Advertising_BPA_REVISED.pdf

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SECTION 1

BACKGROUND, OBJECTIVE, AND GENERAL INFORMATION

1.0 BACKGROUND

United States Department of Agriculture, Rural Development (USDA RD) in Missouri has a backlog of accounts for properties which have been accelerated in accordance with the Housing Act of 1949 (42 U.S.C. §1480(d)], 7 C.F.R. §3550.211(a) and (c), as well as §3560.456, and HB- 3-3560, Chapter 12. From time to time USDA RD issues notices for the sale of real property repossessed or under lien to RD and its predecessor agencies in foreclosure, as required by State laws or by order of the court.

USDA RD in Missouri seeks to retain the services of an established vendor(s) (hereinafter the “Contractor”) to place advertisement notices in newspapers, in the City and County in which the real property is located, on behalf of United States of America, USDA RD in accordance with Title 5, United States Code, Section 302 and RD Instruction 2024-F under the Blanket Purchase Agreement (BPA) process.

2.0 OBJECTIVE AND SCOPE

The Contractor shall provide the facilities, materials, supplies, tools, equipment, personnel and technical expertise to provide the services described below, including, but not limited to all wages, indirect costs, overhead, general and administrative expenses, and any travel expenses necessary to place each advertising order. The work shall be performed throughout the State of Missouri.

A single BPA will be issued, however USDA RD retains the right to assign cases under this agreement and may elect not to use the services for all cases handled during the term of the

BPA.

3.0 GENERAL AND SPECIAL PROVISIONS

The following general and special provisions are applicable to this Blanket Purchase Agreement (BPA) from date of issuance or amendment to the cited expiration date. The Federal Acquisition Regulations (FAR), Agricultural Acquisition Regulations (AGAR) clauses, and USDA Rural Development Regulations are applicable to this BPA.

4.0 STANDARDS

The Contractor performing the services must be in good standing with the State of Missouri, a member of the National Newspaper Association and also the Missouri Newspaper Association, and must provide proof thereof.

Applicable statutes and standards, as well as other Federal and State laws and regulations pertaining to the Government as a whole are incorporated by reference into this Agreement.

Violation of applicable law, regulation, or ethical standards shall be cause for termination.

5.0 REQUIRED REGISTRATION

Contractors/individuals providing services to USDA RD must have, and maintain, an active registration in the System for Award Management (SAM) before award of any order for services will be made. Information and registration requirements for SAM can be found at www.sam.gov.

In addition, please refer to the SAM Quick Start Guide, which is included as Attachment A.

6.0 PERIOD OF PERFORMANCE

This is a multiyear agreement pursuant to 41 U.S.C. § 254c, and performance during each year of the agreement is contingent upon the appropriation of funds.

6.01 The agreement shall be in effect from date of issuance by the Contracting Officer through September 30, 2017, or when the amount of all call orders issued reach $150,000.00 (or existing Simplified Acquisition Threshold {SAT}), or until cancellation by either party upon 30 days’ prior written notice.

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6.02 In the event of cancellation, performance of outstanding orders under the terms and conditions herein shall continue until completed in accordance with order deadlines, unless the work is cancelled by the Contracting Officer.

7.0 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.

8.0 AUTHORIZED ORDERING OFFICIALS

Rural Development is obligated under this BPA only to the extent of call orders placed by authorized individuals as shown below, or other such persons as the Contracting Officer names, in writing, to the Contractor as authorized to make individual call orders:

NAME TITLE SINGLE ORDER THRESHOLD

Lue Lockridge Lane Contracting Officer $150,000.00 Marilyn McCoy Contracting Officer Representative $3,000.00 Michelle Hobbs Contracting Officer Representative $3,000.00

9.0 PURCHASE LIMITATION

Any order exceeding the Ordering Official’s delegated authority, or not approved by the Contracting Officer, is outside the scope of the agreement. Orders in excess of this amount shall not be honored nor accepted by the Contractor. Failure to comply with this provision may result in termination of the BPA.

10.0 BPA TERMINATION

10.01 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

11.0 INQUIRIES

All inquiries concerning the terms and conditions of this Agreement and its administration, shall be addressed to the Contracting Officer named in the BPA signature block.

12.0 CONDITIONS OF SALE

No conditions of sale other than as specified herein shall be applicable to purchases made under this Agreement.

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13.0 CONDUCT

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

14.0 DISCLOSURE OF "SENSITIVE BUT UNCLASSIFIED" INFORMATION SAFEGUARDS

Any USDA Information made available or to which access is provided, and which is marked or should be marked "Sensitive but Unclassified Use Only", shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

Disclosure to anyone other than an officer or employee of the contractor or subcontractor at any tier shall require prior written approval of the USDA. Requests to make such disclosure should be addressed to the USDA RD Contracting Officer.

15.0 TERMINATION FOR CONVENIENCE

The Contracting Officer, by written notice, may terminate any individual order or the BPA itself for the Government’s convenience. See FAR Clause 52.249-4 TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM). (APR 1984)

16.0 TERMINATION FOR CAUSE

The Contracting Officer, by written notice, may terminate any order herein, in whole or in part, for failure of the Contractor to perform any of the provisions of this Agreement. In such an event, the Contractor shall be liable for damages, including the excess cost of reprocuring the services.

(See FAR Clause 52.249-8 (DEFAULT [FIXED-PRICE SUPPLY AND SERVICE]). (APR 1984)

SECTION 2

EVALUATION AND AWARD

1.0 AWARD OF BPAS

The Government’s intent is to award A single BPA to the firm that IS technically acceptable, responsible, and provide services at or below market prices.

2.0 EVALUATION AND AWARD

USDA will evaluate quotes received and award a BPA to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government. Refer to Item 1.02 in Section 3 for the specific evaluation and award factors.

3.0 ENFORCEABILITY OF PROPOSAL

The proposal must set forth full, accurate and complete information as required by this solicitation.

By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g., key personnel, subcontractors, etc.) will be utilized for the duration of the contract and any substitutions shall require prior Contracting Officer's approval. The Government will not pay for any costs incurred in preparation and submission of proposals.

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SECTION 3

QUOTATION PREPARATION INSTRUCTIONS

1.0 PRICE SCHEDULE AND CERTIFICATIONS

Pricing for services ordered under the BPA shall be based upon the most current Missouri Newspaper Rates. It is further agreed that, on occasion, USDA RD may request the Contractor to negotiate on its behalf for a lower rate, and the Contractor agrees to honor this request.

Pricing shall be as low as or lower than pricing offered to the Contractor’s most favored customers for comparable services under similar terms and conditions, in addition to any trade or prompt payment discounts offered.

1.01 PRICE QUOTE: USDA Rural Development shall reimburse the Contractor based on the unit fixed price(s) quoted below for completion of advertising services for single family and multi-family properties as described in the Statement of Work (SOW) set forth herein.

The Contractor shall enter their firm fixed price below to indicate EITHER a percentage OR fixed amount discount from or surcharge to each newspaper’s standard commercial rate card.

The price shall include all fees/costs, materials and labor to complete the services. (CROSS OUT

THE ONE THAT DOES NOT APPLY.)

____________% OR $____________

1.02 TECHNICAL CAPABILITIES/QUALIFICATION STATEMENT: USDA will award a single BPA 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 Contractor shall include a description of the capabilities and qualifications of the Contractor showing why they are capable of completing the services required. The following factors shall be used to evaluate offers:

a. Price – Will be considered in determining the overall best value to the Government

b. Past Performance – Please provide contact information for two (2) references for which the

Contractor has provided similar services. The Contractor’s past performance may be verified by contacting references, as deemed necessary by the Government and evaluated based on the relevance of the information submitted. The Government may obtain and evaluate past performance information obtained from sources other than those identified in the quote/offer.

c. Experience – Will be evaluated based upon the Contractor’s ability to demonstrate its experience providing services relevant to the requirement. Provide a summary description of relevant, recent (within the past 2 years) performance that exhibits experience capabilities.

Past performance and experience, when combined, are equally important to price.

1.03 Offerors shall submit a BRIEF narrative format addressing the above factors. In addition, information submitted should also address the following responsibility criteria:

a. Adequate financial resources or ability to obtain them/

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

c. Satisfactory record of integrity and business ethics;

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

e. 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.

f. Meet the standards as required by Section 1, Item 4.0.

g. Maintain an active registration in the System for Award Management (SAM) as required in

Section 1, Item 5.0.

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2.0 TECHNICAL PROPOSAL SUMMARY EVALUATION: Upon completion of the valuation in accordance with the Technical Proposal Factors as described above, each Technical Proposal will receive an overall evaluation and summary adjectival rating as described in the following table:

ADJECTIVAL RATING DEFINITION

Outstanding Exceeds RFP requirement and has high probability of satisfying the requirement(s); has no significant weaknesses

Acceptable Meets RFP requirements; has good probability of satisfying the requirement(s); weaknesses can be readily corrected.

Marginal Contains weaknesses or minor deficiencies which could have some impact if accepted.

Unacceptable Fails to meet RFP requirements or has low probability of satisfying the requirement(s); contains significant weaknesses.

SECTION 4

INVOICES, INSPECTION, AND ACCEPTANCE

1.0 INVOICES AND PAYMENT

1.01 The Contractor shall submit an itemized, signed invoice MONTHLY for all deliveries made during the month, and for which payment has not been received, to:

USDA Rural Development ATTN: Lue Lockridge-Lane, CO

601 Business Loop 70 West Parkade Center Suite 235

Columbia, MO 65203

1.02 A proper invoice shall consist of:

a. Contractor's name, address and phone number

b. Invoice number

c. BPA number

d. Itemization of charges by call order number and date

1.03 Incorrect invoices will be returned to the vendor.

1.04 PROMPT PAYMENT DISCOUNTS

The Prompt Payment Act, FAR 52.232-25 (JUL 2013), 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

1.05 Payment shall be made for items accepted by USDA RD that have been delivered to the delivery destination set forth in the BPA. USDA RD will make payment in accordance with the Prompt Payment Act (31.U.S.C. 3903) and OMB prompt payment regulations at 5 CFR Part 1315. The period of any discounts will commence on the final date of the billing period or on the date of receipt of invoices for all deliveries made during the billing period, whichever is later. For the

6 | P a g e purposes of computing the discount earned, payment shall be considered to have been made on the day which an electronic funds transfer is made.

1.06 Inquiries relating to payment may be directed to:

USDA Rural Development ATTN: Lue Lockridge-Lane, Contracting Officer 601 Business Loop 70 West Parkade Center Suite 235 Columbia, MO 65203

(573) 876-9333 lue.lockridge-lane@mo.usda.gov

2.0 RECEIPT, INSPECTION AND ACCEPTANCE

2.01 RECEIPT OF SERVICES: The Contractor's invoice will be date stamped by the Ordering Official to indicate the date the invoice is received.

2.02 INSPECTION AND ACCEPTANCE

Deliverables will be reviewed for compliance with the BPA SOW and Call Order by the Ordering Official within 7 days of receipt of the completed product. Payment will be made only after inspection and acceptance of the services AND receipt of a proper invoice. Inspection is normally limited to determining compliance with the requirements of the Advertising Order.

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BPA SIGNATURE BLOCK: By signing this BPA you agree to comply with the terms and conditions of this Agreement. Please print information legibly. A contractual agreement is created only upon issuance AND acceptance of a call order under this BPA.

Business Name:

Address:

Phone:

Email:

Fax:

USDA, Rural Development 601 Business Loop 70 West Parkade Center Suite 235 Columbia, MO 65203

Name of Person Authorized & Title:

(Signature) (Signature)

LUE R. LOCKRIDGE-LANE

Contracting Officer USDA Rural Development

(Date) (Date)

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SECTION 5

STATEMENT OF WORK

1.0 ORDER FOR SERVICES

1.01 Each order for services under the BPA will be sent electronically to the Contractor by the Ordering Official. Each order will be signed (may be digitally signed) and dated by the applicable Ordering Official. Please refer to Attachment A for a “sample” Advertising Order (hereinafter referred to as “the Order”).

1.02 The Contractor shall acknowledge receipt and acceptance of each order in writing or via email within two (2) business days of the order being issued. Acknowledgement shall be submitted electronically by the Contractor (or authorized representative) to the Ordering Official and/or as indicated on each BPA Call Order.

2.0 DESCRIPTION AND DELIVERY OF SERVICES TO BE PROVIDED

2.01 The Contractor shall provide advertising services according to the terms and conditions of the

BPA and the time frames indicated in the Order for the following types of advertising:

a. Notice of Trustee’s Sale

b. Notice of Pending Foreclosure Sale

c. Notice of Real Estate Owned (REO) for Sale

2.02 Under no circumstances is the Contractor to accept an Order for outreach (i.e.: advertisement of loan availability, program availability, etc.) This type of advertising is considered a news release and is not covered under the BPA. The Contractor must immediately notify the Ordering Official if unable to meet the delivery schedule indicated in the Call Order and provide an alternate schedule for consideration.

2.02 The advertising order will identify the specific type of advertisement, publication dates, newspaper where advertising is to be placed, and delivery and acceptance criteria for each type of advertising.

2.03 The Ordering Official will email a digitally signed copy of the Order along with the Notice of Sale to the Contractor in order to minimize typing and clerical errors.

2.04 The Contractor agrees to provide the cost for the advertisement via email to the Ordering Official within 10 calendar days of issuance of the Order.

2.05 All advertising must be deemed acceptable by the Ordering Official in accordance with the Order.

The Contractor will correct or offer a written explanation of any advertising returned for deficiencies at no charge to the Government. No payment will be made for unacceptable advertising due to vendor error.

3.0 DELIVERY OF SERVICES

3.01 The Contractor is responsible for ensuring that the ad is run in the proper newspaper as indicated on the Order.

3.02 After placement of the ad, the Contractor shall gather all tearsheets for each insertion of the ad and verify that the ad was run as scheduled. The Contractor is responsible for preparing, OR obtaining from the newspaper, and submitting a notarized Affidavit(s) of Publication to the office identified below, along with all tearsheets, so that all items are RECEIVED within five (5) calendar days of the last advertisement.

USDA Rural Development

ATTN: SFH SECTION

601 Business Loop 70 West Parkade Center Suite 235

Columbia, MO 65203

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SECTION 6

ADMINISTRATIVE

1.0 CONTRACTING OFFICER

The Contracting Officer shown below shall be notified in writing of any changes which will have an impact on ordering under the BPA.

USDA Rural Development Lue Lockridge-Lane 601 Business Loop 70 West Parkade Center, Suite 235 Columbia, MO 65203 Phone: 573-876-9333 Email: lue.lockridge-lane@mo.usda.gov

In no event will, any understanding, agreement, modification, change order, or other matter deviating from the terms of the agreement be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer.

When, in the opinion of the Contractor, the Ordering Official requests effort outside the existing scope of the contract, the Contractor shall promptly notify the 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.

SECTION 7

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

1.0 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

AGREEMENT NAICS Description Size ($M)

ADVERTISEMENTS

IN NEWSPAPERS

541810 Advertising Agencies $15.0

2.0 FAR 52.252-1 SOLICITATION PROVISONS INCORPORATED BY REFERENCE (FEB 1998)

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

52.204-7 System for Award Management (SAM) (JUL 2013) 52.212-1 Instructions to Offerors – Commercial Items (APR 2014) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representation and Certification (DEC 2012)

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3.0 AGAR 452.201-70 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.

4.0 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” 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 criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

“Small disadvantaged business concern,” consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR

124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13

CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is– 541810.

(2) The small business size standard is $15.0 Million.

11 | P a g e http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations.

(1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business

12 | P a g e concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

5.0 THE CONTRACTOR SHALL READ AND COMPLETE THE FOLLOWING PROVISION AND

CLAUSE AS REQUIRED BY AGAR ADVISORY 104. Please initial each, and complete the applicable check boxes.

____1. AGAR 452.209 – 70 REPRESENTATION BYCORPORATIONS REGARDINGAN UNPAID

DELINQUENT TAX LIABILITYORAFELONYCONVICTION (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 –

(1) 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.

(2) (i) 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.

(ii) 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.

(3) 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)

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____2. 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 sections 738 and 739 of the Agriculture, Rural

Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No.

112-55, Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the Contractor acknowledges that it –

(1) 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

(2) 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 RD may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739, as amended and/or subsequently enacted.

(End of Clause)

6.0 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/far/.

52.212-4 Contract Terms and Conditions—Commercial Items (DEC 2014) 52.223-6 Drug-Free Workplace (MAY 2001) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.242-17 Government Delay of Work (APR 1984) 52.243-1 Changes – Fixed Price – Alternate I (APR 1984) 52.249-4 Termination for Convenience of the Government (Services)(Short Form) (APR 1984)

7.0 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988) ALTERNATE I (FEB 1988)

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

(b) Inspection will be performed at: USDA RD in Missouri.

(c) Acceptance will be performed at: USDA Rd in Missouri.

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SECTION 8

LIST OF ATTACHMENTS (AGAR 452.252-70) (FEB 1988)

Attachment A - SAM Quick Guide (1 Page)

Attachment B - Sample Advertising Order (2 Pages)

Attachment C – Sample Invoice (1 Page)

Attachment D – FAR Clause 52.212-3 Offeror Representations and Certifications—Commercial Items (10 Pages)

Attachment E – FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (4 Pages )

SECTION 9

REFERENCES, FORMS AND REPORTS

SFH HANDBOOK HB-1-3550 -- http://www.rd.usda.gov/files/3550-1chapter13.pdf

MFH HANDBOOK HB-3-3560 - http://www.rd.usda.gov/files/3560-3chapter12.pdf

SECTION 10

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS OR

OFFERORS

1.0 CERTIFICATIONS REQUIRED TO BE COMPLETED ON LINE

Various representations and certifications must be completed prior to acceptance of your proposal or offer as part of your registration in the System for Acquisition Management (SAM) website, at https://www.sam.gov/.

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ATTACHMENT A

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ATTACHMENT B (SAMPLE BPA WORK ORDER)

ORDER NO: _ ___ ___________ Order Date: __ __________

USDA, Rural Development

NOTICE OF TRUSTEE’S SALE

Type is to be set solid, without paragraphing, and without any display in the heading. Ad is to be run in the legal section of the classified ads. The specific schedule and specifications for advertisement are as follows:

NAME OF NEWSPAPER: ___________________________________________________

TOWN ADDRESS: ___________________________________________________

EDITION OF PAPER: [ ] - DAILY [ ] - Weekly

NUMBER OF TIMES ADVERTISEMENT TO APPEAR: ________

PUBLICATION DATES: __________________________________________________

SPECIFICATION FOR ADVERTISEMENT: Print type as attached in regular notice format.

THE ADVERTISEMENT SHALL NOT EXTEND BEYOND THE DATE(S) AND EDITION(S)

STATED ABOVE UNLESS ADVISED BY THE RURAL DEVELOPMENT ORDERING

OFFICIAL.

DISPLAY ADVERTISING

(Inventory Property For Sale)

Sample text is attached. __________ Photograph is attached. __________ Ad IS [ ] IS NOT [ ] to be placed in the classified section.

Outlined with black border: YES [ ] NO [ ]

NUMBER OF TIMES ADVERTISEMENT TO APPEAR: ________

PUBLICATION DATES: __________ __________ __________ ___________

FOR RURAL DEVELOPMENT USE ONLY:

ACCT NO.: _________________________ PAC CODE: _________________

LOAN OBLIGATION DATE: _________________

COST FOR ADVERTISEMENT ORDERING OFFICIAL SIGNATURE

E-MAIL: ___________________________________

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ATTACHMENT C – SAMPLE INVOICE

ADVERTISING - BLANKET PURCHASE AGREEMENT

MONTHLY SUMMARY INVOICE

BLANKET PURCHASE AGREEMENT NO. ____________________________________________________

SUMMARY INVOICE DATE:_____________________ INVOICE NUMBER:_______________________

CONTRACTOR: ______________________________________________

(NAME)

(ADDRESS)

(SECOND LINE OF ADDRESS)

(CITY) (STATE) (ZIP CODE)

SUMMARY INVOICE AMOUNT: $_____________________________

BPA CALL

Order #

BREAKDOWN OF SUMMARY INVOICE AMOUNT

Borrower Name & Date ADVERTISEMENT Completed

Itemized Costs

TOTAL SUMMARY INVOICE AMOUNT $

(Be sure to also include receipts for ancillary expenses.)

Contractor Signature ________________________________(Electronic signatures are acceptable)

Email: _______________________________________________________

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ATTACHMENT D

FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

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(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” 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 criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged

(as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov.