Solicitation_AG-5241-S-15-0001_-_pages_3-16 _6-5-2015.docx

B. CONTINUATION OF STANDARD FORM 1449

B.1 Additional Contractor Information

Business Authorized Representative: _______________________________________

Business E-mail address: _________________________________________________

Business Phone Number: ________________________________________________

Business Fax Number: __________________________________________________

Business DUNS Number: ________________________________________________

B.2 DESCRIPTION OF AGREEMENT

The Contractor must provide all facilities, materials, supplies, tools, equipment, personnel, travel arrangements and miscellaneous costs necessary to accomplish the performance of the agreement requirements including:

· Relief of Stay Orders in bankruptcy cases including Chapter 7, 11, and 13,

• Deed in Lieu of Foreclosure.

These services will be furnished, if and when requested by the Contracting Officer (or the authorized representative of the Contracting Officer). The work shall be performed throughout the State of Colorado as described. USDA Rural Development retains the right to determine the cases to be assigned under this agreement, and may elect not to use legal services for all cases handled during the term of the agreement.

B.3 AREAS OF COVERAGE

Please indicate the areas in Colorado that your company is ready, willing, and able to provide the services for. Annotate “N/A” if not willing or able to provide services to an area:

AREA 1 - Front Range Metro (Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Elbert, El Paso, Gilpin, Jefferson, Lincoln, Pueblo, Teller, and Weld Counties)

AREA 2 - Northwest (Clear Creek, Eagle, Garfield, Grand, Jackson, Lake, Larimer, Moffat, Pitkin, Rio Blanco, Routt, and Summit Counties)

AREA 3 - 3rd Judicial District (Huerfano and Las Animas Counties)

AREA 4 – 7th Judicial District (Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel Counties)

AREA 5 – 11th Judicial District (Chaffee, Custer, Fremont and Park Counties)

AREA 6 – 12th Judicial District (Alamosa, Conejos, Costilla, Mineral, Rio Grande and Saguache Counties)

AREA 7 – 13th Judicial District (Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington and Yuma Counties)

AREA 8 – 15th Judicial District (Baca, Cheyenne, Kiowa and Prowers Counties)

AREA 9 – 16th Judicial District (Bent, Crowley and Otero Counties)

AREA 10 – 21st Judicial District (Mesa County)

AREA 11 – 22nd Judicial District (Dolores and Montezuma Counties)

B.4 PRICING

Base Year Price Option Year 1 Price Option Year 2

B.4.1 Base Services: The Contractor shall complete the services below in accordance with the Performance Work Statement and subsequent orders. See Section B.5 below.

Non-judicial foreclosure

Judicial foreclosure

Eviction/Possession

Relief of Stay Orders in bankruptcy cases

Deed in Lieu of foreclosure.

B.4.2 Ancillary Services: The Contractor must provide services as required to complete the base services. See Section B.6 below.

NTE = Not to Exceed

B.5 BASE SERVICES

The firm fixed prices for base services in B.2.1 shall include attorney fees; copying costs; courier services; travel; telephones; faxing or mailing expenses; personnel; personal equipment or office space costs; license and insurance; notary public services; and other customary costs requisite to the litigation or judgment enforcement under the agreement.

Pricing to the USDA Rural Development shall be as low as or lower than prices charged to the vendor’s most favored customers for comparable quantities under similar terms and conditions in addition to any trade or prompt payment discounts offered. Pricing shall not exceed the Housing and Urban Development’s (HUD) Schedule of Standard Attorney Fees.

B.6 OTHER DIRECT COSTS FOR ANCILLARY SERVICES

USDA Rural Development shall reimburse the Contractor for actual costs for ancillary services advanced by the Contractor which are necessary to accomplish the legal actions that are required under this agreement. The costs for such ancillary services are payable upon completion; or, if not completed through no fault of the Contractor, upon return of the incomplete case to USDA. All invoices for associated costs shall be fully documented by receipts and supporting justifications, identifying the case to which the expenditure was connected. Costs may not exceed $2500 per case and must be approved by USDA prior to expenditure.

If the costs for ancillary services exceed $2500 for a given case, the Contractor shall obtain prior written approval from the Contracting Officer before incurring the cost(s).

Costs for ancillary services include filing fees; recording fees; court costs; advertising expenses; fees for document service where required by law; sheriff’s, marshal’s, constable’s or other similar official’s fees; costs of title insurance when required by the Contracting Officer; and other customary costs requisite to the litigation or judgment enforcement under this agreement. They DO NOT include the following which are in the Contractor’s basic fee: attorney fees; copying costs; courier services; travel; telephones; faxing or mailing expenses; personnel; personal equipment or office space costs; license and insurance; notary public services; and other customary costs requisite to the litigation or judgment enforcement under the agreement.

C. CLAUSES

C.1 EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases made under this Blanket Purchase Agreement (BPA). The Government is not obligated to place any orders with the Contractor under this BPA. This BPA does not obligate any funds. Funds will be obligated on each individual order issued. The Contractor is not obligated to accept orders under this BPA. However, if the Contractor accepts an order, he/she is obligated to provide the services/end products under the terms and conditions of the Agreement. The Contractor will not be compensated for services that were not authorized or that were performed outside the scope of the agreement.

C.2 AUTHORIZED ORDERING OFFICIALS AND DOLLAR LIMITATIONS

USDA Rural Development personnel authorized to place orders under this agreement are listed below. They will be referred to as Ordering Officials. Any individual duly acting in the capacity of the position by a designation as “Acting” or any individual appointed to the position will be authorized to order. Any appointed individuals, other than the Contracting Officer or Single Family Housing Specialist, will be designated in writing by the Contracting Officer.

PER ORDER

Single Family Housing Specialist $2,500

Any order exceeding the Ordering Official’s delegated authority is outside the scope of the agreement. Orders in excess of this amount shall not be honored or accepted by the Contractor. When, in the opinion of the Contractor, any Government Representative requests effort outside the existing scope of the agreement, the Contractor shall notify the Contracting Officer in writing within 5 calendar days. The Contractor shall not take on action under such direction until the Contracting Officer has issued a modification to the agreement or has otherwise resolved the issue. Failure to comply with these provisions may result in termination of the BPA.

C.3 PLACEMENT OF ORDERS

Individual task orders will be placed on a rotational basis with all BPA holders.

C.4. ASSIGNMENT OF CASES

Each task order submitted and accepted by the Contractor shall be acknowledged in writing to the CO and State Housing Specialist within 5 working days of receipt via email. The task order will contain an Optional Form 347 signed by the Contracting Officer, Order for Supplies and Services, Task Order/Acceptance Agreement and documents pertaining to the assigned case. Acknowledgement of assignment and acceptance of work order will be in the form of Contractor or authorized representative signing and dating the Task Order/Acceptance Agreement.

C.5 PERIOD OF PERFORMANCE

The term of this Blanket Purchase Agreement (BPA) will be one year from date of award with two option years. Under FAR 52.217-9, the Government has the unilateral right to exercise the options to extend the term of the BPA in 1 year increments. If all options are exercised, the period of the BPA will be 3 years.

The BPA may be further extended for a period not to exceed 6 months in accordance with FAR 52.217-8. If the option to extend services under FAR 52.217-8 is exercised, the total period will not exceed 3 years and 6 months.

The time for completion for each type of base service is provided in Section 5 of the Performance Work Statement.

The cumulative total of all orders placed under the BPA will not exceed $150,000. The BPA will be terminated at the point that this total is reached, regardless of the actual number of years/months that have occurred under the agreement.

In the event of termination of the BPA any outstanding orders must be completed. The vendor shall furnish the services only as required by USDA Rural Development Ordering Officials, during the period specified.

C.6 DELIVERY OF SERVICES

All services shall be delivered to the ordering office at the address below and shall include the BPA number:

USDA-RURAL DEVELOPMENT

Attn: SFH Direct Foreclosures Denver Federal Center BLG56 RM2300 PO Box 25426 Denver, CO 80225-0426 codirforeclosures@co.usda.gov

C.7 BPA CANCELLATION

This BPA may be terminated by the Government at any time provided at least 30 days advance written notice is provided to the contractor. The contractor, with the written consent of the CO, may terminate this BPA upon at least 30 days written notice. The parties agree that termination of the BPA does not constitute termination of any active task order issued prior to this the termination notice. The CO will direct the contractor to complete active task orders or may terminate them in accordance with FAR 52.212-4.

C.8 ADMINISTRATION

The Contracting Officer shown below shall be notified in writing of any change which will have an impact on ordering under the Agreement. Notification by email is acceptable.

C.9 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://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/

C.10 52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS. (MAY 2015)

This clause is incorporated by reference. The paragraphs contained in the clause are supplemented as follows:

· Invoices shall not be submitted until the services ordered have been completed. Submission by email is authorized and preferred.

· The Contractor shall submit separate invoices for each order after all services have been performed and deliverables submitted. Invoices shall identify the specific case and shall be itemized to reflect the contractor’s basic fee and all reimbursable ancillary costs being claimed for repayment.

· Invoices/receipts for reimbursable ancillary costs will be attached. Invoices must contain a copy of the Title Insurance Policy showing clear title on government purchased property. For third-party purchasers the invoice must contain a statement of clear title.

· The Contractor’s billing name must agree with the Contractor’s name on the agreement and in the System for Award Management. Mail invoices to address in Block 21 of the OF 347, provided as a part of the task order or email them to the address provided by the Contracting Officer.

· Invoices will be returned for: (1) having payment discrepancies; (2) unacceptable performance; and (3) incomplete documentation.

(i) Payment. Inquiries relating to payments may be directed to the representative appointed by the Contracting Officer.

C.11 52.217-8, OPTION TO EXTEND SERVICES (NOV 1999)

The Government may unilaterally 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 calendar days before the contract expires.

C.12 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may unilaterally extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 and FAR Clause 52.217-8, shall not exceed 3 years and 6 months.

(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 Attachment 1, 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, as amended and/or subsequently enacted.

C.15 452.224-70 CONFIDENTIALITY OF INFORMATION. (FEB 1988)

(a) Confidential information, as used in this clause, means -

(1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

C.16 452.237-75 RESTRICTIONS AGAINST DISCLOSURE. (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) 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 the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

C.17 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (MAY 2015)

(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) 52.208-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013)(Pub. L. 109-282)(31 U.S.C. 6101 note).

(2) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

(3) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644)

(4) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(5) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(6) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

(7) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(8) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(9) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(10) 52.222-36, Equal Opportunities for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(11) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(12) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements (MAY 2014)

(13) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627)

(14) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

(15) 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).

(16) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clause in this paragraph (c), applicable to commercial services, incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: NONE

(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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunities for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employent Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Jul 2014) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) 52.222-50, ___ (A) Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.). 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658)

(xvi) 52.225-56, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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.

E. SOLICITATION PROVISIONS

E.1 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/

E.2 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

E.3 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449) and Exhibit E(4), AGAR 452.219.70. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers by 4:00 p.m. Mountain Time on June 26, 2015. It is the offeror’s responsibility to verify that the proposal is received on time by contracting the Contracting Officer at (406) 585-2511.

As a minimum, offers must include the following parts. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other.

(1) Factor 1 - Technical Proposal: The Technical Proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed description of how the offeror will satisfy the contract requirements. Proposals that fail to provide the minimal information needed for each factor or merely paraphrase the requirements of the Performance Work Statement, or use such phrases as "will comply" or "standard techniques will be employed" will be considered non-responsive and will not be considered further. The technical proposal shall be structured to include separate sections addressing each of the following subfactors.

Subfactor 1(a) Process: Offeror shall provide the step-by-step process it will follow to complete Judicial and Non-Judicial foreclosures. If the offeror intends to hire any subcontractors to perform the work, the process must clearly describe the responsibilities of all parties and how the offeror will ensure complete and timely performance of the subcontractors. The proposal must identify whether the cost of managing the subcontractor(s) will be included in the price under B.4.1, Base Services, or specify the amount that will be charged under B.4.2, Other Direct Costs for Ancillary Services.

Subfactor 1(b) Experience: Offeror must provide evidence of its experience in performing similar requirements. Include experience working in Colorado and any experience with U.S. Department of Agriculture, Rural Development. If subcontractors will be hired, describe their experience and also the experience of the offeror has in successfully managing the subcontractors.

Subfactor 1(c) Competence: Submit resumes reflecting qualifications of principal personnel that will perform services under the contract; and copies of current license to practice law in the State of Colorado for personnel that will provide legal services.

Subfactor 1(d) Capacity: Offeror shall demonstrate its capacity to provide these services in the Areas of Coverage selected in B.3 and handle multiple cases simultaneously.

(2) Factor 2 - Past Performance. The offeror shall provide at minimum of five references from firms/entities for which the offeror has performed similar services in the area covered by the contract within the past three (3) years. Include the following:

(a) Name, address and telephone number of the organization and point of contact familiar with the offerors performance.

(b) Contract number, type and dollar amount.

(c) Brief description of work.

(d) List any special problems encountered during executing services under the contract. Point out any actions taken to adapt to customer needs and requirements for change.

(3) Business Proposal: Include –

(a) SF-1449 – Blocks 17a-b and 30a-c must be completed (page 1 above).

(b) Provide additional contractor information in Section B.1.

(c) Complete Section B.3 by indicating the areas in Colorado that your company is offering to provide services. Annotate “N/A” if not offering to provide services in an area.

(d) Insert Prices in Section B.4.

(e) Insert “NONE” in paragraph (b) of FAR 52.212-3 in Exhibit D if the offeror has completed the annual representations and certifications electronically and provide this page with the offer. If an offeror has not completed them electronically or has changes complete and return paragraphs (c) through (p) of FAR 52.212-3.

(f) A completed copy and acknowledgement of FAR 52.222-53; AGAR 452-209-70; AGAR 452-209-71; and AGAR 452-219-70 provided in Exhibit E.

(g) Acknowledgment of Solicitation Amendments. Amendments should be acknowledged by returning the amendment with blocks 8 and 15a-c of the Standard Form 30, Amendment of Solicitation, completed.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Reserved.

(e) Reserved

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time above. Offerors are responsible for confirming receipt by the Contracting Officer identified in 52.212-1(b) above.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(2)(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Issuance of Blanket Purchase Agreements (BPA). The Government intends to evaluate offers and award BPAs without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards.

(1) The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the prices specified, unless the offeror specifies otherwise in the offer.

(2) The Government may elect to award a single Blanket Purchase Agreement (BPA) or to award multiple BPAs for the same or similar services to two or more sources under this solicitation.

(i) Availability of Requirements Documents. See Section 2 of the Performance Work Statement.

(j) Data Universal Numbering System (DUNS) Number. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

E.4 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award one or more Blanket Purchase Agreements resulting from this solicitation to the responsible small business whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following three (3) evaluation factors shall be used to evaluate offers. The factors are listed in descending order of importance.

Factor 1, Technical:

SubFactor 1(a) Process – The government will evaluate the offeror’s process to determine if it demonstrates an understanding of the work to be performed and clearly outlines how the specific tasks to be performed meet solicitation requirements for Judicial and Non-Judicial foreclosures within the required period of performance. The benefit of paying management costs for subcontractors will be reviewed to determine if it is in the best interest of the Government.

Subfactor 1(b) Experience - This factor will examine the offeror’s and any subcontractor’s experience in performing the work required in the contract. Offerors possessing experience in completing Judicial and Non-Judicial foreclosures in the State of Colorado will receive a higher rating. The offeror’s experience in successfully managing subcontractors will be evaluated.

Subfactor 1(c) Competence – The offer will be evaluated to determine if the personnel proposed possess the experience, training and skills to perform the work. The personnel performing legal services must be licensed to practice law in the State of Colorado.

Subfactor 1(d) Capacity - This factor will examine the offeror’s current capacity to provideservices awarded in the Areas of Coverage selected in B.3 and perform multiple tasking simultaneously

Factor 2, Past Performance: The evaluation of past performance is a subjective assessment based on a consideration of all relevant facts and circumstances. The Government reserves the right to use both data provided by the offeror and data obtained from other sources. The evaluation may consider information from any source(s) deemed necessary by the Contracting Officer. The Government will seek to determine whether the offeror and any subcontractors have consistently demonstrated a commitment to customer satisfaction and timely delivery of quality services at fair and reasonable prices. This is a matter of judgment. Past Performance information which is not of the same or similar type work as described in this solicitation, will not be evaluated.

Factor 3, Business Proposal: The business proposal will be evaluated for completeness and reasonableness of the prices proposed in Section B.4 and under Factor 1(a) to manage any subcontractors.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A Blanket Purchase Agreement signed by the Contracting Officer on the SF1449 will be issued to each successful offeror.

E.5 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.

AG-5241-S-15-0001