KYAPPRAISALBPA2016.doc

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Provide Single Family Housing Appraisals KY
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AG-5343-S-16-0003
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Kentucky Appraisal RFQ and Attachments

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REQUEST FOR QUOTATION (THIS IS NOT AN ORDER)

THIS RFQ X Is IS NOT for A SMALL BUSINESS SET-ASIDE

PAGE OF

PAGES

1. REQUEST NO.

RFQ-AG-5343-S-16-0003

2. DATE ISSUED

8/1/2016

3. REQUISITION/PURCHASE REQUEST NO.
4. CERT. FOR NAT. DEF. UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

USDA Rural Development, 771 Corporate Drive, Ste. 200, Lexington, KY 40503

6. DELIVER BY (Date)

August, 30 2016 2:00 P.M EST

5b. FOR INFORMATION CALL (NO COLLECT CALLS)
7. DELIVERY

OTHER

FOB DESTINATION

(See Schedule)

NAME Marshal G. Ritchey
TELEPHONE NUMBER

AREA CODE

NUMBER

821-4430 EXT 213

9. DESTINATION

a. NAME OF CONSIGNEE

See Body of RFQ

8. TO:

a. NAME
b. COMPANY
b. STREET ADDRESS
c. STREET ADDRESS
c. CITY
d. CITY
e. STATE
f. ZIP CODE
d. STATE
e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

August 30, 2016 IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Provide Single Family Housing Appraisals for

USDA Rural Development - Kentucky in

Accordance with the terms of the RFQ. Insert your price quote on Attachment B.

The due date/time for submission of quotations is 2:00 pm EST (Lexington, KY August 30, Mail response to:

Attn: Marshall G. Ritchey, Contracting Officer

USDA Rural Development, Suite 200

Madisonville, KY 42431

Please include the following when responding to the Request for Quotation:

!. Page 1 – Sign in bottom left corner

2. Attachment B – Pricing Schedule

3. Attachment D – Vendor Contact and

Registration Information Form

4. Copy of your current Kentucky Real Estate

Appraisers Board Certificate

5. Return Pages 4-5 with checkmarks and initials

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%)

d. CALENDAR DAYS NUMBER

PERCENTAGE

13. NAME AND ADDRESS OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION
15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS
16. SIGNER
a. NAME (Type or print)
b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY
e. STATE
f. ZIP CODE
c. TITLE (Type or print)
NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

SECTION 1--BLANKET PURCHASE AGREEMENT

1. DESCRIPTION OF AGREEMENT: The vendor shall furnish the services as described in the Statement of Work (SOW) for Single Family Housing Appraisals which is included on Attachment A.

The Agreement includes the SOW, this Blanket Purchase document, and applicable contract clauses and provisions. This agreement extends from the date of the Contracting Officer’s signature to the end of fiscal year 2017 (September 30, 2017), with four optional years through September 30, 2021. Options may be exercised in writing by the Contracting Officer. The BPA may be cancelled by either party in writing at any time. Any work accepted under this agreement is subject to prior funding approval.

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

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

4. AUTHORIZED BPA CALL ORDER OFFICIALS: The titles of authorized RD BPA Order Officials are shown below:

Title RD Contracting Officer

Area Directors

Area Specialist

Area Technicians

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

Any order at or above the Micro-Purchase threshold ($3,500) is subject to competitive quotes, and must be approved by the Contracting Officer.

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

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

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

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

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

8. REQUIRED REGISTRATION: Contractors/individuals providing appraisal services to USDA RD must have an active registration in the System for Award Management (SAM), previously known as the Central Contractor Registration (CCR) and On-line Representation and Certification Application (ORCA), before award of any order for services will be made. Information and registration requirements for SAM can be found at www.SAM.gov. If assistance is needed in the registration please contact the Kentucky Procurement Assistant Program through Kentucky Cabinet for Economic Development, http://www.thinkkentucky.com/kpap, 300 West Broadway, Old Capitol Annex, Frankfort, KY 40601. (800) 838-3266

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

10. APPRAISAL SERVICES PRICING SCHEDULE: Please complete appraisal prices (per appraisal) for the counties for which you are interested in providing services to on Attachment B: Pricing Schedule.

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

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

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

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

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

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

It is the vendor’s responsibility to verify that the Ordering Official has accepted services prior to invoicing. Incorrect invoices will be returned to the vendor. Inquiries relating to payment may be directed to the issuing office or to Marshall G. Ritchey, Contracting Officer, 270-821-4430 EXT 213, marshall.ritchey@ky.usda.gov

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

When, in the opinion of the Contractor, the COTR 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. Kentucky Rural Development Staff Appraisers:

Michelle Garrett

Jonathan Disney

975 Lovers Lane

771 Corporate Drive, Suite 200

Bowling Green, KY 42103

Lexington, KY 40503

(270) 842-1146 Ext: 122 office

(859) 224-7673

(615) 970-8571 cell

(859) 230-8798 cell donna.herald@ky.usda.gov jonathan.disney@ky.usda.gov

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

a. By either party with 30 days written notice.

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

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

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

ii. Fails to offer RD most favored customer pricing;

c. When the Contractor consistently provides poor service.

d. If the Contractor files fraudulent claims.

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

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

17. ADDITIONAL REQUIREMENTS

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

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

i. Option or sales agreement, with legal description

ii. Direction Map

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

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

v. Existing Surveys

vi. Copy of existing title

vii. Tax bills or assessments

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

ix. Flood Certification

SECTION 2--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

1. AGAR 452.204-70 INQUIRIES (FEB 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award. CONTRACTOR SHALL READ AND/OR COMPLETE THE NEXT 3 PROVISIONS AS PART OF THE SOLICITATION. PLEASE INITIAL EACH, AND COMPLETE THE APPLICABLE CHECK BOXES.

3. _____ 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)
Appraiser
531320
Offices of Real Estate Appraisers
$2.0

4. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://farsite.hill.af.mil/

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

GENERAL - THE FOLLOWING CLAUSES APPLY TO ALL PURCHASE ORDERS:

52.203-3 Gratuities (APR 1984)

52.219-6 Notice of Total Small Business Set Aside (NOV 2011)

52.242-17 Government Delay of Work (APR 1984)

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

ADDITIONAL CLAUSES THAT APPLY WHEN APPLICABLE:

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

ADDITIONAL CLAUSES APPLICABLE TO CONTRACTS WITH INDIVIDUALS

52.223-6 Drug-Free Workplace (MAY 2001)

SERVICES - ADDITIONAL CLAUSES APPLICABLE TO PURCHASE OF SERVICES:

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

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

52.242-14 Suspension of Work (APR 1984)

52.243-1 Changes - Fixed Price - Alternate I (AUG 1987)

52.237-3 Continuity of Services (JAN 1991)

6. FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (OCT 2015)

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

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

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

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

(d) Product samples. Not Applicable

(e) Multiple offers. Not Applicable

(f) Late Submissions: Time of receipt for solicitations is 4:30 p.m. Eastern Time

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

7. FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical capability, past performance and price. All evaluation factors other than price/cost, when combined, are approximately equal to price/cost. (FAR 15.304).

8. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (APR 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site 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 (r) of this provision. the offeror shall complete only paragraphs (c) through (o) of this provision (in the SAM site).

9. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (May 2015)

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

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

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

10. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JUN 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

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

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

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

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

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

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

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

___ (11) [Reserved]

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

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

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

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

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

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

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

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

_X_ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

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

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

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

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

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

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

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

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

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

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

___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

_X_ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record: The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

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

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations

(End of Clause)

11. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999). The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of Clause)

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

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

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

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

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

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

· Adequate financial resources or ability to obtain them/

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

· Satisfactory record of integrity and business ethics;

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

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

SECTION 3--ATTACHMENTS

BLANKET PURCHASE AGREEMENT

ATTACHMENTS

Attachment A:

Statement of Work for Single Family Housing Direct Loan Appraisals

Attachment B:

Pricing Schedule

Attachment C: Appraisal BPA Call Order/Delivery Ticket Rev. 07/19/13 Attachment D: Vendor Contact and Registration Information Form

Attachment E: Sample Invoice

ATTACHMENT A

PERFORMANCE WORK STATEMENT

APPRAISAL SERVICES - SINGLE FAMILY HOUSING RESIDENTIAL PROPERTY

1. BACKGROUND

USDA Rural Development (RD) provides direct loans to eligible applicants for single family housing residential property. To support this program, USDA Rural Development requires the services of qualified persons or firms to provide appraisal services, in accordance with Title 7 Code of Federal Regulations (CFR) Part 3550, which may be located at: http://www.rurdev.usda.gov/Handbooks.html.

2. OBJECTIVE

Rural Development requires the services of Kentucky licensed, certified residential, or certified general real estate appraisers to provide high quality appraisals services for the purpose of estimating the market value of single family housing residential properties to ensure the Agency obtains adequate security for its loans. If required, the Contractor shall defend the appraisal in court or in the USDA appeals process. If testimony is required within five (5) years of the appraisal date, Rural Development and the Contractor will negotiate an hourly rate plus reasonable reimbursement for transportation, lodging and meals.

3. SCOPE

The Contractor shall provide appraisals which will be used to estimate the market value of single family residential property for loan making, servicing, acquisition, and sale. All appraisals required by this Blanket Purchase Agreement shall be submitted to the Requesting Office within ten (10) business days after receipt of the order or as negotiated by the Ordering Official. The Contractor shall submit electronic copy to two (2) email addresses in pdf format of each appraisal report. In addition the contractor will supply additional copies of appraisal when needed, if the pdf electronic copy is deactivated.

4. REQUIREMENTS

A. The contractor must be currently licensed in the state that the subject property is located as a Certified Residential, Certified General appraiser, or Licensed Appraiser. Evidence of this license or certification will be provided if requested by Rural Development. The contractor shall be considered active on the Appraisal Subcommittee website (www.asc.gov) at time of award, and maintain professional insurance coverage in accordance with local and state government requirements. The appraiser shall have the specialized knowledge and experience necessary to be competent to appraise single-family housing. The appraiser must not subcontract the appraisal (or any part of it) to another person without written consent of the Rural Development Contracting Officer.

A Trainee may sign the report. If a Trainee signs the report his registration shall be provided to RD and the contractor shall sign as Supervisory Appraiser and personally inspect the subject property. If required, the contractor shall defend the appraisal in court or in Rural Development’s appeals process. Cost associated with the defense of the appraisal, when necessary, will be negotiated under a separate purchase order.

Except where noted herein, the contractor shall provide all facilities, materials, supplies, tools, equipment, personnel, and travel to complete all requirements of this agreement including performance of the professional services listed herein for Rural Development.

B. Appraisers must be currently registered in the System for Award Management (SAM).

1) There is NO fee to register. The site is https://www.sam.gov/portal/public/SAM/ . Your CCR username does not work in SAM. You will need a new SAM User Account to register or update your entity records. User guides and webinars are available under the Help tab. You will be required to have a DUNS number.

2) For Current users: If there is a change in e-mail address, designated financial institution, or Company name or address, user guides will lead you step by step to update your registration in SAM. SAM will send notifications to the registered user via email 60, 30, and 15 days prior to expiration of the Entity.

3) If the SAM registration expires for an appraiser that is currently on the Approved Vendor List, then appraisal requests to that appraiser will cease immediately and will not begin again until the company can update their registration.

C. Appraisers: The appraisal must comply with the current edition of the Uniform Standards of Professional Appraisal Practice (USPAP) Standards Rule 1 & 2-2 (b) and Agency requirements as described in Handbook (HB)-1-3550, Chapter 5, and 7 CFR 3550.62 (a) (http://www.rurdev.usda.gov/handbooks.html); and Rural Development 1922-A.

D. All appraisals for Rural Development will provide Market Value based on the following Market Value definition used by federally insured financial institutions; Title XI of the Financial Institutions Reform and Recovery Enforcement Act of 1989; Definition of Market Value (12 U.S.C. 1818, 1819).

Definition of Market Value

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

1) Buyer and seller are typically motivated;

2) Both parties are well informed or well advised, and acting in what they consider their own best interest;

3) A reasonable time is allowed for exposure in the open market;

4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto, and:

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

E. The appraisal must be completed using one of the following forms: Fannie Mae Form 1004/Freddie Mac Form 70 (March 2005), "Uniform Residential Appraisal Report," for all one-unit, single family dwellings; Fannie Mae form 1004C/Freddie Mac Form 70B (March 2005), “Manufactured Home Appraisal Report,” for all manufactured homes; Fannie Mae Form 1073/Freddie Mac Form 465 (March 2005), “Individual Condominium Unit Appraisal Report” for all individual condominium units; Fannie Mae Form 2055/Freddie Mac Form 2055 (March 2005), "Exterior-Only Inspection Residential Appraisal Report," for all one-unit, single family dwellings for all properties where there is no visual inspection of the interior; or FNMA Form 1004D/Freddie Mac Form 442 (March 2005) , “Appraisal Update and/or Completion Report”.

F. The Contractor shall contact the Ordering Official to coordinate appraisal schedule and obtain additional information to perform the appraisal service. Additional information may include property inspection report, the pest and dry rot report, and the USDA Rural Development required repairs list.

G. Each appraisal should be submitted electronically with authorized digital signature, rather than in hard copy format. Electronic submissions must be emailed to the Ordering Official as indicated on the confirmed Single Family Appraisal Order Form, Purchase Order (OF 347), or Task Order (SF 1449).

5. APPRAISER DUTIES

A. The appraiser must understand and agree that USDA Rural Development is the appraiser's client, and all reports must be addressed to USDA Rural Development. The user of the report will be USDA Rural Development (and any other intended user specified by the Agency). Any questions relating to the form or substance of the appraisal assignment should be directed to the Ordering Official or Contracting Officer and will not be directed to the property owner or builder/contractor. The Rural Development Agency Appraiser or the Ordering Official are not the Contracting Officer and do not have the authority to take any action, either directly or indirectly that would change the pricing, quantity, and quality, place of performance, delivery schedule, or any other terms and conditions of the contract. Nor does the RD Agency Appraiser or Ordering Official have the authority to direct the accomplishment of any effort which goes beyond the scope of the Performance Work Statement.

B. When in the opinion of the appraiser, the RD Agency Appraiser or the Ordering Official requests effort(s) outside the existing Performance Work Statement, the appraiser shall promptly notify the Contacting Officer, in writing. The appraiser shall take no action under such direction until the Contracting Officer has issued a modification to the Performance of Work or has otherwise resolved the appraisal issue.

C. A property contact person will be provided by the Ordering Official and ensure the appraiser has access to the subject property for inspection, unless the appraisal was requested as “exterior only”. Appraisal fees or turnaround times must not be discussed with the property contact.

D. The appraiser must keep all information and materials furnished by Rural Development, the owner, and/or property contact regarding the subject property confidential, as required by The Uniform Standards of Professional Appraisal Practice (USPAP) and the Gramm-Leach-Bliley Act (also known as the Financial Services Modernization Act of 1999). The appraiser must agree to prevent the unauthorized disclosure, misuse, or alteration of the confidential information. Any information obtained through public sources is not considered confidential information. Disregard of this privacy requirement will be cause for immediate debarment as a contractor for the federal government.

E. All extraordinary assumptions, hypothetical conditions, and limiting conditions must be clearly and prominently described in a single location near the beginning of the report and in appropriate sections of the appraisal. Extraordinary assumptions and hypothetical conditions also must be discussed with and agreed to by Rural Development prior to completion of the report. General assumptions and limiting conditions that reduce the normal scope of appraisal due diligence are not allowed.

6. ORDERING OFFICIAL DUTIES

A. The Ordering Official (Loan Processor) will act as the representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or Performance Work Statement, and monitor the progress and quality of contractor performance.

B. The Ordering Official will act as or provide a property contact person to ensure the appraiser has timely access to the subject property for inspection.

C. If, after review, the Ordering Official determines that the appraisal is not acceptable, he/she will advise the appraiser and note items that must be completed or corrected to make the appraisal acceptable. Payment will not be authorized until the items are corrected.

7. TYPES OF VALUE

The Pricing Schedule Worksheet identifies the type of value required as listed below.

A. Full Charge:

1) New Loan: “New Construction”: (also known as “as subject to completion”) Loans for planned new construction or rehabilitation require an estimate of the “as-improved” value. An “as-improved” value is based on completion per construction plans and specifications that enable the appraiser to estimate the value of the property after completion of construction / rehabilitation. Plans & specifications will be included with appraisal.

2) New Loan: “As-Improved” (Existing Home with Repairs): When repairs to an existing dwelling or REO property are planned, the appraisal should provide both “as-is” and “as-improved” value estimates. USDA Rural Development will provide copies or provide access to required construction plans or repair list(s) as required and repairs shall be reflected in the appraisal process.

3) New Loan/Existing Home: “As-Is” (No Repairs): Loans for existing dwellings (including a new construction dwelling that has been complete at the time of appraisal) requiring no repairs, to support servicing actions, or to determine a disposition plan for Real Estate owned (REO) properties.

4) Recapture/Receivable/Payoff “As Is”: The appraiser must complete an “as-is” value. The appraiser must note all capital improvements added to the subject property from date of purchase, as provided by the borrower. If available the originating office will provide a copy of the original appraisal report. Each capital improvement must be noted individually. The appraiser must determine the estimated contributory amount of market value, if any, for each capital improvement item. Items considered to be general maintenance are not considered to be capital improvements. Values shall be supported by market evidence. (Handbook-2-3350, Chapter2 (2.23) (8), page 2-34)

5) “As Is” Liquidation/Short Sale/Foreclosure/REO: In the event the appraiser is requested to complete a foreclosure appraisal would require an “as-is” value to establish the Agency net recovery value. The appraisal must conform, at minimum, to Agency and USPAP requirements and standards unless otherwise stated. Estimated net recovery value represents the amount that the Agency could expect to recover from a property if it was liquidated after considering all costs associated with liquidating, holding, and selling the property.

The agency requires modification of the forms to capture the liquidation value. As part of the appraisal assignment, the appraiser must complete the Market Conditions Addendum to Appraisal Report (Fannie Mae Form 1004MC or Freddie Mac Form 71) to support the value and condition of the property.

B. Exterior Only:

“As Is” Liquidation/Short Sale/Foreclosure/REO (Drive By, Interior not accessible): In the event that the appraiser is unable to gain access for a visual inspection of the interior of the subject property the appraiser must complete the appraisal report on the Fannie Mae Form 2055/Freddie Mac Form 2055 (March 2005), “Exterior-Only Inspection Residential Appraisal Report.” The report must include the details of the extraordinary assumption that there was no visual inspection to the interior and details of the sources being used for the interior components and the assumed condition of the interior. (Handbook-1-3550, Chapter 13 (13.17) (C) (3), page 13-28)

The appraiser must, at a minimum: (1) perform a visual inspection of the exterior areas of the subject property from at least the street; (2) inspect the neighborhood; (3) inspect each of the comparable sales from at least the street; (4) research, verify, and analyze data from reliable public and/or private sources; and (5) report his or her analysis, opinions, and conclusions in this appraisal report.

The appraiser must be able to obtain adequate information about the physical characteristics (including, but not limited to, condition, room count, gross living area, etc.) of the subject property from the exterior-only inspection and reliable public and/or private sources to perform this appraisal. The appraiser should use the same type of data sources that he or she uses for comparable sales such as, but not limited to, multiple listing services, tax and assessment records, prior inspections, appraisal files, and/or information provided by the property owner, etc.

C. Final Re-Inspection:

The appraiser may be asked to complete a Final Re-Inspection if the property requires a second visit. Re-Inspections can include confirmation of New Construction or “as-improved” appraisals. Re-Inspections can also include but are not limited to if the underwriter is simply not comfortable with the appraisal and requires a field review to confirm value or if the underwriter rejects the first appraisal altogether.

8. Appraisal Methodology USDA Rural Development requires appraisers to use the following appraisal methods to arrive at a final estimate of value.

A. Sales Comparison Approach: Under this method, the appraiser uses the recent sales prices of properties that are comparable in location and characteristics to the security property in order to estimate a market value for the property. Appraiser must use at a minimum three (3) comparable closed sales of single family residential properties that sold in the previous 12 month period unless the appraiser provides documentation that such comparables are not available in the area. Comparable sales should be located as close as possible to the subject dwelling, from within the competitive market area, and should be the most comparable available for purposes of valuation.

B. Cost Approach: This method is specified in Handbook 1-3550, Chapter 5, found at this web address, http://www.rd.usda.gov/files/3550-1chapter05.pdf. For all proposed construction or all homes having an age of one year or less, USDA requires that the appraiser develop, report and reconcile the Cost Approach to value. On homes over one year of age, appraiser should determine whether the cost approach is relevant or necessary to determine a valid opinion of market value.

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