Attachment_6_-Blanket_Purchase_Agreement.pdf

ATTACHMENT 6

Blanket Purchase Agreement (BPA) Terms and Conditions

Turnkey Nationwide Appraisal Services and Related Technical Support for the United States Department of Agriculture (USDA), Rural Development’s (RD), Centralized Servicing Center (CSC), St. Louis MO.

This agreement is entered into by the United States of America (the “Government”) represented by the United State Department of Agriculture (USDA), Rural Development (RD) , the Contracting Officer, and BPA Holders.

The purposes of the appraisal services are to providing nationwide appraisal services and related technical support and to provide written reports for estimates of opinions of market value and/or liquidation values for single family homes and some vacant lots located in rural communities.

The function of the appraisal reports will be to determine and report to Rural Development the value of single family properties based on one of three value types and definitions to be communicated in each individual assignment engagement; (Market Value, Disposition Value, or Liquidation Value. EXPERT WITNESS TESTIMONY: Services may include providing appraisal expertise. If required, the Contractor shall defend the appraisal in court or in the Rural Development appeals process. In the event the contractor is requested by Rural Development to present testimony at any hearing or legal proceeding, the contractor agrees to perform such services for an hourly rate which is as low as or lower than the rate offered to the contractor’s most favored customer, plus “reasonable” reimbursement for transportation, lodging, and meals.

(“Reasonable” is defined as that rate applicable to government personnel as defined in the travel regulations of the agency.)

1. DESCRIPTION OF AGREEMENT:

Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements, the Contractor agrees to the following terms of a BPA EXCLUSIVELY WITH UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), RURAL DEVELOPMENT (RD). The contractor shall provide Turnkey Nationwide Appraisal Services and Related Technical Support Services, in accordance with the specification outlined in the Performance Work Statement (PWS) when requested by the Contracting Officer or the authorized representative of the Contracting Officer. This is a non-personal services Blanket Purchase Agreement (BPA) providing for the placement of blanket purchase agreement Calls (BPA Calls) for Turnkey Nationwide Appraisal Services and Related Technical Support Services as described below:

1.1 Description of Services/Introduction: This is a non-personal services agreement to provide appraisal services to be performed by a State Certified General Appraiser. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1.1 The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items required to perform Turnkey Nationwide Appraisal Services and Related Technical Support Services as defined in PWS, for the USDA, RD portfolio of properties located in all 50 states.

Types of properties to be appraised include but are not limited to: Single family homes and vacant lots located in rural areas. The contractor shall perform to the standards in this blanket purchase agreement and individual BPA Calls. Work efforts and subsequent documentation shall be in accordance with the requirements contained in the BPA and PWS of each BPA call.

1.1.2 The Contractor shall obey all laws, rules and regulations of the United States and applicable State and local governments having jurisdiction over the activities conducted under this BPA. The contractor shall be responsible for determining which laws, rules and regulations apply to a particular task. The Contractor shall be responsible for obtaining and maintaining any registration or certification as required by the various Federal, State, and Local regulatory agencies, along with any other registrations, certifications, licenses, permits, warrants, permissions or other credentials required to perform under the BPA.

1.1.3 The Contractor shall accomplish the necessary services to ensure the appraisal reports contain, in both format and content, recognized appraisal principles and practices, adequate factual data to support the highest and best use and the value conclusions, and shall conform to all of the requirements of the UASFLA and USPAP, along with the code of professional ethics and the standards of professional practice for those organizations to which the appraiser may belong.

1.1.4 To ensure optimal competition, annual review of the BPA will be completed IAW FAR Subpart 13.303, which may offer an “on-ramp” opportunity for new qualifying firms, and the government will synopsize projected requirements annually. In addition, the government will synopsize each order requirement on the FedBizOpps (www.fbo.gov), which will ensure contractors have notice and sufficient lead time to propose.

2.0 BLANKET PURCHASE AGREEMENT PERIOD OF PERFORMANCE:

2.1 The effective date for this Blanket Purchase Agreement (BPA) is the date of AWARD and will continue for a term of three (3) consecutive years, with the option to extend services for six (6) months, at the sole discretion of the USDA, Rural Development.

2.2 Awarded rates shall be effective through the performance period of the Blanket Purchase

Agreement.

2.3 The vendor shall furnish the services only as requested by Rural Development Ordering

Officials during the period specified.

2.4 The BPA may be terminated under any of the following circumstances:

When the aggregate Call Orders issued against this BPA reach $7,000,000;

Cancellation by either party upon 30 days’ prior written notice;

In the event of termination, delivery or performance of outstanding orders may continue for a period of 60 days, after which time any remaining items will be considered cancelled.

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

- Accepts order but routinely fails to deliver on time.

- Fails to offer USDA, Rural Development most favored customer pricing;

- When the Contractor consistently provides poor service.

- If the Contractor files fraudulent claims.

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

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

3.0 PURCHASE LIMITATION AND INDIVIDUALS AUTHORIZED TO PLACE

CALLS UNDER THIS BPA.

USDA, RD personnel authorized to place orders (Calls) under this agreement, along with the individual purchase limitation, are listed below. Individuals authorized to purchase under the BPA are referred to as Ordering Officials. Orders placed against this BPA shall be issued by warranted Contracting Officers.

Orders placed by anyone other than the following are not authorized and should not be accepted. BPA Holders should contact the Contracting Officer if someone other than the following places an order.

AUHORIZED ORDERING OFFICIALS:

Call Orders will be generated by:

1. Connie Williams, Contracting Officer Connie.williams@stl.usda.gov 314-457-5422 4300 Goodfellow Blvd.

St. Louis MO 63120

2. Contracting Officers, Rural Development, Contract Operations Branch

Procurement Management Division 1400 Independence Ave, SW, MS-0741

Washington DC, 20250

DESIGNATED PROGRAM OFFICIALS:

1. Melissa Whiteman, Supervisor REO Melissa.whiteman@stl.usda.gov 314-457-5405 4300 Goodfellow Blvd St. Louis, MO 63120

2. Richard Cohen (Head, Direct Loss Mitigation Section) Richard.cohen@stl.usda.gov 314-457-5441 4300 Goodfellow Blvd St. Louis, MO 63120

4. DELIVERY TICKETS

All services provided under the agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

1) Contractor’s Information

Date

Contractor’s Name

Contractor’s Address

Blanket Purchase Order Number

Tax ID number

2) Itemized List of Appraisals

Borrower’s Name

Borrower’s Address

Date of Delivery

5. INVOICES.

An itemized invoice shall be submitted, in arrears, at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, for which payment has not been received. These invoices need not be supported by copies of the delivery tickets.

RETURNED INVOICES AS AN IMPROPER INVOICE:

Invoices are returned for:

1) Failing to cite the information listed in the Billing Instructions above

2) Having other payment discrepancies

3) Unacceptable performance

6. RURAL DEVELOPMENT, CSC REPRESENTATIVES

Connie Williams will serve as the Contracting Officer on this contract and she can be reached at 314-457-5422 or email at: connie.williams@stl.usda.gov.

A Contracting Officer Representative (COR) shall be appointed for this contract upon award.

His/her delegated authority and responsibilities shall be defined on a delegation letter issued after contract award. This delegation shall also contain his/her contact information.

7. INSURANCE

Within 10 days after award, companies must show proof of workers compensation (applicable), general liability and auto liability insurance coverage’s throughout the term of the contract. Copies of all proof of insurance must be on file in the Procurement Office prior to Contractor beginning work.

8. OTHER SPECIAL TERMS & CONDITIONS

8.1 Quality Control (QC): The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with the attached PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his QC system.

8.2 Quality Assurance: The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

9. CONDUCT:

9.1 During the course of this Blanket Purchase Agreement, the BPA holder will maintain the same high standards of honesty, integrity, impartiality, confidentiality of information, and conduct as Government employees are expected to maintain. The BPA holder will not engage in other employment which is incompatible with the duties of this Blanket Purchase Agreement. The

BPA holder will not, directly or indirectly, engage in financial transactions of any kind of business dealing relying on information obtained through the performance of this Blanket Purchase Agreement. The BPA holder will not have a direct or indirect financial or other interest that conflicts, or appears to conflict, with its responsibilities and duties under this Blanket Purchase Agreement.

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

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

9.4 The BPA holder shall obtain the services of qualified employees in all instances, and the BPA holder is responsible for actions or omissions of employees in performance of work under this BPA. The BPA holder shall not commit, nor permit others to commit, any waste or unlawful acts or nuisances upon property assigned.

9.5 Section (m) of the Privacy Act (5 USC 552a) requires that any Federal agency contracting for the operation of a system of records to accomplish an agency function shall cause the requirements of that Section to be applied to such system. Therefore, in order to comply with Section (m), all work resulting from this solicitation shall be subject to the terms and conditions of the Privacy Act (5 USC 552a). Prospective BPA holders, by submitting quotations under this solicitation hereby acknowledge and agree to comply with the terms and conditions of the Privacy Act.

9.6 RESTRICTIONS AGAINST DISCLOSURE:

i. The BPA holder agrees, in the performance of this Blanket Purchase Agreement, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The BPA holder also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the BPA holder’s possession, to those employees needing such information to perform the work provided herein, i.e., on a “need to know” basis. The BPA holder agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the BPA holder determines or has reason to suspect a breach of this requirement.

ii. The BPA holder agrees not to disclose any information concerning the work under this Blanket Purchase Agreement to any persons or individuals unless prior written approval is obtained from the Contracting Officer. The BPA holder agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

10.0 INHERENTLY GOVERNMENTAL

10.1 Inherently Governmental Functions. Pursuant to FAR 7.5, the Contractor shall not perform any inherently Governmental actions under any Call Orders issued under this BPA. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with any Call Orders under this BPA, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with any Call Order under this contract, the Contractor employee shall state that they have no authority to in any way change the Call Order and if the other Contractor believes this communication to be a direction to change their Call Order, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

10.2 Non-Personal Services. Pursuant to FAR 37.1, no personal services shall be performed under any Call Orders issued under this BPA. All work requirements shall flow only from the CO’s Representative to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government communication has been given or action taken that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action.