BPA_2013_SFH_Appraiser.doc

USDA RURAL DEVELOPMENT 2013 BPA SFH APPRAISER

BPA NUMBER AG-5441-B-13-0001

SECTION 1--BLANKET PURCHASE AGREEMENT

DESCRIPTION OF AGREEMENT

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

EXTENT OF OBLIGATION

Rural Development is obligated only to the extent of authorized purchases made under the BPA. Rural Development 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.

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.

AUTHORIZED ORDERING OFFICIALS

The names or titles of authorized RD Ordering Officials are entered here:

Title

Single Order Threshold RD Michigan Field Office Representative

CSC St. Louis Representative

RD Michigan Contracting Officer

$25,000

PURCHASE LIMITATION

Any service order at or above the Micro-Purchase threshold ($2,500) is subject to competitive quotes, and must be approved by the state contracting officer. Any order exceeding the Ordering Official’s delegated authority, or not approved by the state office is outside the scope of the agreement.

FEDERAL, STATE AND LOCAL TAXES

Unless specifically exempted, the prices quoted shall include Federal, State and local taxes.

COMMERCIAL WARRANTY

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

LICENSING REQUIREMENTS

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. Copy of any required license or certification is required to be provided to the State Office.

DELIVERY OF SERVICES

Delivery schedules will not be used. Delivery tickets will not be required. Task or Purchase Orders will be used to request services. Services shall be delivered to the Rural Development Ordering Official within 7 days of acceptance of the Task Order request.

INSPECTION AND ACCEPTANCE

Deliverables will be reviewed for compliance with the SOW within 7 days of receipt of the completed product.

INVOICES AND PAYMENT

The vendor shall submit an original, signed invoice to the Ordering Official for each service within 30 days of completion. The vendor must submit all of the information on the attached sample invoice, as prescribed by FAR 32.905(b). 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. For task orders from state Field Offices, submit invoices to the RD representative as indicated on the task order.

For CSC orders, submit invoices to:

USDA – Centralized Servicing Center

4300 Goodfellow Blvd.

FC 213 Bldg 105

St. Louis, MO 63120-1703

Payment will be processed in most cases by the State Office.

BPA SIGNATURE BLOCK

By signing this BPA you agree to comply with the terms and conditions of this agreement. Please print information legibly. A contractual agreement is created only upon acceptance of a task order under this BPA.

BUSINESS NAME:

ADDRESS:

PHONE #:

EMAIL:

DUNS:

TIN:

FAX #:

NAME:

TITLE:

SIGNATURE:

DATE:

LICENSE NUMBER

Karen D. Cooper, Contract Specialist

USDA, RURAL DEVELOPMENT

3001 Coolidge Rd., Suite 200 East Lansing, MI 48823 (o)517-324-5203 (f)517-203-2178 karend.cooper@mi.usda.gov

SECTION 2--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

CURRENT AS OF FAC 2005-61 SEP 13, 2012

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.

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

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

(b) The Offeror represents that –

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

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

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

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

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

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

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

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

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

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

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

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

GENERAL - THE FOLLOWING CLAUSES APPLY TO ALL PURCHASE ORDERS:

52.203-3 Gratuities (APR 1984)

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

52.242-17 Government Delay of Work (APR 1984)

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

ADDITIONAL CLAUSES THAT APPLY WHEN APPLICABLE:

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

ADDITIONAL CLAUSES APPLICABLE TO CONTRACTS WITH INDIVIDUALS

52.223-6 Drug-Free Workplace (MAY 2001)

SERVICES - ADDITIONAL CLAUSES APPLICABLE TO PURCHASE OF SERVICES:

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

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

52.242-14 Suspension of Work (APR 1984)

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

52.237-3 Continuity of Services (JAN 1991)

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

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

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

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

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

(d) Product samples. Not Applicable

(e) Multiple offers. Not Applicable

(f) Late Submissions: time of receipt for solicitations is 4:00 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.

FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999) The following factors shall be used to evaluate offers. All evaluation factors other than price/cost, when combined, are approximately equal to price/cost. (FAR 15.304): Technical capability, past performance and price.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ (11) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e)

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

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

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

(iii) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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)

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 6 years. (End of Clause)

SECTION 3--ATTACHMENTS

An invoice containing the information above is required by FAR Part 32 for payment. Improper invoices will be returned.

SAMPLE INVOICE

Contractor’s Name and Address (Letterhead)

BPA Number:

INVOICE NO.

INVOICE DATE:

Borrower or Property Address City State Zip

Ordering Official Name

Order Number

INVOICE TOTAL:

Vendor Name (contact info for improper invoice)

SAMPLE TASK ORDER

SECTION 3--2013 STATEMENT OF WORK (SOW): SINGLE-FAMILY HOUSING APPRAISALS

SCOPE: Appraisal(s) will be completed to determine the market value of single family housing residential properties for loan making, servicing, acquisition, and sale. If required, contractor shall defend the appraisal in court and/or in the Rural Development (RD) appeal process for an additional fee.

SPECIFICATIONS:

1. The Contractor shall provide appraisals for Rural Development as follows:

a. All appraisals must comply with the current edition of the Uniform Standards of Professional Appraisal Practice (USPAP) available at www.appraisalfoundation.org, and Agency appraisal requirements, as described in Rural Development Handbook, HB-1-3350, Chapter 5, 7 CFR 3350.62(a), HB-1-3550 Appendix 5, and National and State Administrative Notices (AN’s). Review RD AN 4548 (1980-D) February 3, 2011 for liquidation value type appraisals of REO properties. Appraisals are required to be submitted in the Uniform Appraisal Dataset (UAD) format.

b. The appraisal must be completed using the most recent revision of

· Fannie Mae Form 1004/Freddie Mac Form 70, Uniform Residential Appraisal Report, for all one-unit, single family dwellings;

· Fannie Mae 1004C/ Freddie Mac Form 70B, Manufactured Home Appraisal Report, for all manufactured homes;

· Fannie Mae 1073/ Freddie Mac Form 465, Individual Condominium Unit Appraisal Report, for all condominium units.

· Fannie Mae Form 2055/Freddie Mac Form 2055 dated 3/2005, Exterior-only inspection residential appraisals for servicing or foreclosures may use. Single Family Housing will not use this form for originating mortgage loans. The appraisal shall be typed or computer printed. The Cost Approach section of the URAR is required for all properties less than one year old

· Form 1007, Marshall & Swift Square Foot Appraisal Form. Must be used when doing appraisals in remote rural areas, on Tribal Lands, where there is a lack of market activity, or when the Sales Comparison Approach is not required. The results of the cost analysis will be documented on the URAR. Form 1007 is no longer required for new properties

c. Appraisal Report Signatures: The report must be signed and dated by a licensed appraiser and the license number must be provided. The appraisal report shall be submitted as a signed original report or a digitally signed computer report.

d. Comparables: Proper selection of comparables consists of sales that are similar in location, design (style) room count, square footage, quality, age, condition, and amenities. The Contractor will furnish a minimum of three comparable sales. The appraiser is required to make a complete, personal visual inspection of comparable properties used in the appraisal report. There is no prohibition on the use of Rural Development comparables.

e. Property Improvements: Any repairs shall be reflected in the appraisal process. The appraiser will attach as an addendum to appraisal a list of repairs, prepared either by the Rural Development Manager or appraiser in accordance with the Handbook.

f. Approaches to Property Value:

(1) The Sales Comparison Approach is required for most appraisals (except remote rural areas, on tribal lands, or where there is a lack of market activity).

(2) The Cost Approach section of the URAR is required for all properties less than one year old. Form 1007 is no longer required for new properties. The appraiser will identify the source of cost estimates, such as Marshall and Swift, used in the cost approach. The methodology used to estimate depreciation must be stated in the report. The remaining economic life must be stated for all properties. The opinion of site value is required for all properties. The estimated date of completion must be included for new construction not yet completed.

(3) The Income Approach applies only to Non-Program REO and its use is optional. It may be required by the Rural Development Manager.

g. Types of Value:

(1). As improved value: Required for planned new construction and rehabilitation.

b. As is value: Required for existing dwellings (including a new construction dwelling that has been completed at the time of appraisal) requiring no repairs. As is value appraisals may also be needed to support a loan serving action or to determine a disposition plan for Real Estate Owned (REO) property.

2. Supporting Documentation: Documentation supporting the development of the appraisal shall be submitted in accordance with Rural Development appraisal requirements and USPAP. At a minimum the supporting documentation shall include the following:

a. Narrative Explanation: Clear & concise explanation for all calculations utilized to develop the appraisal should be available when the appraisal reviewer requests an explanation for an adjustment.

b. Photographs: At least three color photos of the subject property showing front, sides, rear and street appeal and 1 photo of each comparable used will accompany each appraisal. Polaroid color prints are not acceptable.

c. Maps: Locating the subject & comparables in the neighborhood and governmental unit are required.

d. Sketch of the buildings

ADDITIONAL REQUIREMENTS

1. 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.

2. Government Furnished Property:

The Government will provide the following to the appraiser, if available:

a. Option or sales agreement, with legal description

b. Direction Map

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

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

e. Existing Surveys

f. Copy of existing title

g. Tax bills or assessments

h. 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).

3. Licensing Requirement:

Contractor must hold an active license in the State of Michigan as a state licensed real estate appraiser, a certified residential real estate appraiser, or a certified general real estate appraiser. A limited real estate appraiser license is not acceptable for federally related transactions.

The appraiser must be active in the National Registry on the Appraisal Sub Committee website (www.asc.gov). A list of FHA roster appraisers can be found at https://entp.hud.gov/idapp/html/apprlook.cfm.

4. Appraising Foreclosure Properties: A Market Value appraisal will be required for all foreclosures to establish a net recovery value.

5. 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. For Single Family Housing Direct programs, agreements with AMCs are not permitted.

BPA 2013 SFH Appraiser.doc