AG-5670-S-15-0001.pdf

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USDA RURAL DEVELOPMENT BPA SFH REO

AUCTION SERVICES

BPA Solicitation Number:

AG-5670-S-15-0001

CONTRACTOR: CONTRACTOR BPA NO.: ___________________

BLANKET PURCHASE AGREEMENT

1. DESCRIPTION OF BLANKET PURCHASE AGREEMENT: The Contractor agrees to furnish real estate auctioneer services for properties in the State of Wisconsin assigned in accordance with the attached Performance Work Statement and all contract terms and conditions.

2. PERIOD OF PERFORMANCE: This agreement shall be in effect for one year, or until cancellation by either party upon 30 days’ prior written notice. In the event of cancellation, performance of outstanding orders under the terms and conditions herein shall continue until completed in accordance with order deadlines, unless the work is cancelled by the Contracting Officer (CO). Call orders will be issued under this BPA when assigning work to the Contractor.

PERFORMANCE WORK STATEMENT

1. BACKGROUND

The United States Department of Agriculture, Rural Development (USDA RD) has a need to dispose of single family housing (SFH) real estate owned (REO) properties which were acquired from foreclosure sales. USDA RD has a backlog of properties for which it has been determined are no longer suitable to retain in our loan portfolio. 7 CFR 3550.251(a) and 7 CFR 3550.251(c)(6) provide the authority for Rural Housing Service (RHS) representatives to publicize auctions. In addition, Rural Development Instruction HB-1-3550 (Paragraph 16.8) provides guidance for disposal of said properties using professional auctioneers.

2. OBJECTIVE

The objective of this agreement is to retain Licensed Auctioneers in good standings under Wisconsin State Statutes with a Wisconsin Real Estate Broker License (herein called “Contractor”) to provide professional, efficient, and effective auctioneer services for the advertising, marketing, and auctioneering of USDA RD acquired real estate as assigned. Contract activities include pre-sale, sale, and post-sale auction services to reasonably ensure maximization of sale proceeds. Services are contracted on a case by case basis as needed and ordered by the Contracting Officer’s Representative (COR).

3. SCOPE OF SERVICES

The Contractor shall:

a. Provide sales services using the auction method for properties in the State of Wisconsin assigned in accordance with the Performance Work Statement, terms and conditions.

b. Utilize professional skills, knowledge, and experience to the best advantage of both parties in preparing for and conducting auctions that are specified in written requests (call orders) from the COR.

Preparation of pre-sale, sale, and post-sale plan to include property research and familiarization of any and all pertinent information needed to adequately answer public inquiries and conduct sale without legal complications. The orchestration of an auction is contingent upon the terms and conditions set forth herein.

c. Provide live as well as internet/online sale capability. The auction will be conducted at an agreed upon location. The Contractor shall provide all necessary services to conduct the sale within all appropriate regulatory, statutory, requirements, and ethical standards. Attached contract clauses and online representations and certifications also apply. USDA Rural Development retains the sole right to determine the properties to be assigned under the contract and may elect not to use auctioneer services for any properties during the term of this contract.

d. Conduct auctions in accordance with standards of the Certified Auctioneers Institute of American Auctioneers Association, or equivalent.

e. Avoid any unduly restrictive procedures or standards that tend to limit sales competition. All real estate auctions performed under the agreement will be open to qualified purchasers without regard to race, color, religion, sex, or national origin.

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BPA Solicitation Number:

AG-5670-S-15-0001

CONTRACTOR: CONTRACTOR BPA NO.: ___________________

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

4. STANDARDS

All litigation, enforcement, and collection actions on the part of the contractor shall be in compliance and consistent with all Federal, State, and local statutes, regulations and ethical standards, which apply to the liquidation of, loan security and collections of debts. These include but are not limited to:

• The Privacy Act of 1974, as amended (5 U.S.C. 552a)

• The Fair Debt Collection Practice Act (15 U.S.C. 1692 et seq)

• The Debt Collection Act of 1982, as amended (PL 97-365)

• HUD Schedule of Standard Attorney/Trustee’s Fees (RD AN 4560)

The statutes and standards listed above, as well as any other applicable Federal and State laws and regulations pertaining to the Government as a whole, are incorporated by reference into this Performance Work Statement and are considered a part of the contract. Violation of applicable law, regulation or ethical standards shall be cause for termination of the contract for default.

Auctioneer is to provide a minimum of $1,000,000.00 public liability insurance. The Auctioneer shall furnish evidence of required liability insurance to USDA Rural Development Contracting Officer.

5. DESCRIPTION OF REQUIREMENTS

a. Auction Service. The Contractor shall:

i. Within fifteen (15) working days after assignment of a property, provide an overall written assessment on each property. A best sales price opinion and recommended opening bid should be included in the evaluation of the auction property.

ii. Work with Rural Development’s Staff at the Centralized Servicing Center in St. Louis, Missouri (CSC) and Wisconsin State office to evaluate and schedule auction of property.

iii. Provide adequate staff and equipment to orchestrate a professional sale, including clerking of the auction, registration, tracking, bookkeeping, and accounting of the auction sale, preparation of buyers contracts and affidavits, record of all bidders’ bid for real estate auctioned, and audio or video taping and recording the auction procedures, and any additional requirements deemed necessary by the COR.

iv. Provide adequate security on viewing days and at the sale. Adequacy of security shall be determined by the Contractor.

v. Provide and implement an overall marketing and advertising strategy. All advertising related to the assigned properties should be conducted locally and state-wide. This may include, but is not limited to open houses. In addition, on-line listing of sale is also encouraged.

vi. As soon as the auction sale date is determined, notify CSC and Wisconsin State office. The location of the sale should be in accordance with State law and in an agreed upon location.

vii. All auction sales will be subject to any outstanding prior liens including real estate taxes and assessments.

viii. The selling conditions of USDA RURAL DEVELOPMENT property shall be “AS IS, WHERE IS” and may include decent, safe and sanitary deed restrictions, in compliance with USDA Rural Development regulations. All properties will be sold absolute.

ix. The Contractor shall be responsible for, and incur and pay all costs associated or in any way connected with, the administration and conduct of the auction event. USDA Rural Development shall not be responsible for any costs incurred in conjunction with the auction other than those as specified in the agreement.

2 | P a g e http://www.gpo.gov/fdsys/pkg/USCODE-2010-title5/html/USCODE-2010-title5-partI-chap5-subchapII-sec552a.htm http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf http://thomas.loc.gov/cgi-bin/bdquery/z?d097:H.R.4613:

http://www.rurdev.usda.gov/SupportDocuments/an4560.pdf

BPA Solicitation Number:

AG-5670-S-15-0001

CONTRACTOR: CONTRACTOR BPA NO.: ___________________

x. Offer designated properties to be sold to the highest bidder. Unless otherwise specified by the USDA, RD, the Contractor’s recommended opening bid for real property should be utilized to secure an offer ensuring maximization of sale proceeds.

xi. Hold payment requests, including reimbursable costs, until after delivery of the deed and certification of title to purchaser and the report of sale to COR and CSC.

xii. Within 30 days after the Auction sale, provide COR and CSC certification and supporting documentation the sale was completed in accordance with applicable State laws.

xiii. An auction is deemed to be completed under this contract:

(1) When the deed has been delivered to the purchaser and the proceeds from the sale and reports on the sale, including names and address of the purchaser, signed statement and HUD 1 acknowledgment have been provided to the buyer and COR by the Contractor.

xiv. In accordance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, Sellers of housing receiving Federal assistance built before 1978 must provide the purchasers of such housing with specific information about the housing’s lead history and general information on lead exposure prevention.

(1) Provide the buyer with the lead hazard information pamphlet, Protect Your Family from Lead in Your Home, available from the National Lead Information Clearinghouse at 1-800-424-LEAD, or a similar EPA-approved pamphlet developed by the State;

6. RECORDS OF CONTRACTOR ACTIVITY

The Contractor shall maintain records of all activities of call orders in a manner which accurately describes the contractor’s efforts, and make those records available for inspections by USDA, Rural Development, its department counsel or government auditing agencies upon request.

7. PROCEEDS

a. Payments (commissions) that are due the Contractor shall be deducted from sale at time of settlement.

In the event that there are insufficient proceeds for payment of the commission, Contractor must submit an invoice to the COR and CO detailing the division of the proceeds and requesting payment for the part of the commission not paid by proceeds from the sale.

b. Final payments due are to be made payable to “USDA Rural Development” and remitted to CSC within one business day after settlement. Delays in remitting payments to USDA will be considered a breach of contract and cause for termination of the contract for default.

8. CASES PENDING AT CONTRACT EXPIRATION

Orders which have been assigned to Contractor prior to expiration date of this contract shall be completed within the terms and conditions of the contract. Where enforcement of judgment involves garnishment of collection of periodic payments, the Contractor shall continue to receive and transmit to USDA such payments until full collection has been made. The Contractor will continue to submit a monthly invoice in connection with pending cases until their completion.

9. CONFLICT OF INTEREST

a. The auctioneer must notify USDA Rural Development whenever a participating real estate broker, the broker’s salesperson, a member of the broker’s or salesperson’s household, or a legal entity in which the broker or salesperson has an interest, buys REO property.

b. If Agency credit is required, no commission will be paid to participating brokers who purchase an REO property, and only half of the standard commission will be paid to a nonparticipating broker who purchases an REO property.

10. RETURN OF ORDERS TO USDA, RURAL DEVELOPMENT AND EFFECT ON PRICE

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BPA Solicitation Number:

AG-5670-S-15-0001

CONTRACTOR: CONTRACTOR BPA NO.: ___________________

a. USDA, Rural Development reserves the right to reclaim an order for any reason including but not limited to instances when in the judgment of the Contracting Officer (CO) the case is not being handled satisfactorily by the Contractor.

b. The Contractor shall return all order files received for any reclaimed case, along with all pleadings and other documents filed by the Contractor, and pertinent records of Contractor activities to the CO.

c. Upon written request by the CO for a returned order, the Contractor shall request payments for any amounts actually expended (such as reimbursement for filing fees or other allowable costs) before the date of the return or the request for return, whichever is earlier.

d. The Contractor shall have no claim against the Government for any action taken by USDA, OGC or a U.S. Attorney subsequent to return of the case. This is the case even though that action may eliminate the fee to which the Contractor may have been entitled. The return of the order shall not waive the contractor’s liability under the provisions of this Contractor or impair the Government’s right to terminate the contract for convenience or default.

11. 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 Contractor is not obligated to accept orders. The Contractor is contractually obligated to provide the services under the terms of this agreement once an order has been accepted. The Contractor may not be compensated for services performed outside the scope of the agreement.

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

13. AUTHORIZED ORDERING OFFICIALS: The names or titles of authorized RD Ordering Officials are shown below:

Name/Title Single Order Threshold Charles Banks/RD Contracting Officer $150,000 Richard Cohen and Melissa Whiteman/Centralized Servicing Center (CSC) Ordering Officials—St. Louis, MO $25,000

14. PURCHASE LIMITATION: Any order above the above threshold must be approved by the 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. 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.

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

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

17. LICENSING REQUIREMENTS: The Contractor 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 the required State licenses shall be provided to Rural Development with the signed BPA agreement.

18. DELIVERY OF SERVICES: Delivery schedules will not be used. Delivery tickets will not be required. Call or Purchase Orders will be used to request services. Services shall be delivered to the Rural Development Ordering Official in accordance with the Call Order request.

19. INSPECTION AND ACCEPTANCE: Deliverables will be reviewed for compliance with the PWS by the Ordering Official within 7 calendar days of receipt of the completed product.

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BPA Solicitation Number:

AG-5670-S-15-0001

CONTRACTOR: CONTRACTOR BPA NO.: ___________________

20. INVOICES AND PAYMENT: The Contractor shall submit an original, signed invoice to the Ordering Official for each service within 30 days of completion. It is the Contractor’s responsibility to verify that the Ordering Official has accepted services prior to invoicing. The Contractor must include all of the information prescribed by FAR 32.905(b). Incorrect or incomplete invoices will be returned to the Contractor.

The terms of the agreement apply individually to each task.

a. For call orders from state Field Offices, submit invoices to the RD representative indicated on the call order.

b. For CSC orders, submit invoices to: USDA – Centralized Servicing Center, 4300 Goodfellow Blvd., FC 213

Bldg. 105, St. Louis, MO 63120-1703. Invoices may be submitted via email.

c. Central Servicing Center (CSC) will approve all proceeds prior to disbursement.

21. 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; and

f. If the Contractor offers kickbacks

DELIVERY OR PERFORMANCE

1. PERFORMANCE STANDARDS SUMMARY

The table below summarizes the performance requirements described in the preceding sections.

Item No. Required Service Standard

1 Auction sale services Cases are processed expeditiously and completely, according to contract requirements

2 Overall responsiveness

Contractor responds adequately to RD inquiries and requests, and works proactively with Rural Development to resolve issues.

3 Billing and invoicing Invoices are processed accurately according to contract requirements

2. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

This Quality Assurance Surveillance Plan has been developed pursuant to the requirements of the Performance Work Statement associated with this contract. The QASP sets forth guidelines that will be used in evaluating the technical performance of the Contractor/Export. The procedures set forth in the QASP are not contractually binding on the Government (USDA) or the Contractor.

a. Roles and Responsibilities of Government Officials

i. The Contracting Officer (CO) has overall responsibility for monitoring Contractor performance in the areas of contract compliance, contract administration, and cost control.

ii. If required, a Contracting Officer’s Representative (COR) will be assigned in writing per task, with a copy provided to the Contractor. The COR would be assigned in cases where a liaison between the

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BPA Solicitation Number:

AG-5670-S-15-0001

CONTRACTOR: CONTRACTOR BPA NO.: ___________________

Government customer and the Contracting Officer (CO) may be required. The COR would perform specific advisory and surveillance tasks as required by the CO.

iii. The customer/requestor is responsible for acceptance of services, and for invoice certification, unless these tasks are assigned to the COR.

b. Primary Method of Surveillance

i. The Government will monitor performance through direct, documented observations of the

Contractor’s performance, where appropriate; discussions with the Contractor and, review of reports and other documents required by the contract. Any complaints received will be discussed with the Contractor.

ii. The COR may recommend appropriate administrative actions to the Contracting Officer when performance is less than satisfactory.

CONTRACT ADMINISTRATION

1. DESIGNATION OF CONTRACTING OFFICER

The Contracting Officer designated for this requirement is:

Charles Banks 1303 SW First American Pl., Ste. 100 Topeka, KS 66604

(785) 271-2706

The Contracting Officer is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

SPECIAL REQUIREMENTS

1. SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the Contractor has an “active” registration. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their proposal

2. LIABILITY INSURANCE: Auctioneer is to provide a minimum of $1,000,000.00 public liability insurance, and shall furnish evidence of required liability insurance to USDA Rural Development Contracting Officer.

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BPA Solicitation Number:

AG-5670-S-15-0001

CONTRACTOR: CONTRACTOR BPA NO.: ___________________

SERVICES AND PRICE COSTS

1. SERVICES: Services shall be performed for the entire state as described in the Performance Work Statement. Call Orders will be issued under this Blanket Purchase Agreement (BPA) when assigning work to the Contractor.

The Contractor’s Fixed Unit Price shall include all of the cost associated with the pre-sale, sale and post-sale, ( i.e. travel, marketing, advertising, printing, etc.) No additional funds will be paid above the fixed unit price. The Contractor may not incur expenses in excess of this amount without the concurrence and written approval of the Contracting Officer or Contracting Officer Representative.

2. BLANKET PURCHASE AGREEMENT LINE ITEM AND SUBLINE ITEMS: Contractors shall enter percentage fees for contract line items as indicated in the schedules. The percentage entered is the percentage of the auction sales price that represents the auction fee to be paid to the Contractor.

3. SCHEDULES OF PRICES: The Contractor’s fixed unit price to include all of the cost associated with the pre-sale, sale and post-sale activities (i.e. travel, marketing, advertising, printing). No additional funds will be paid above the fixed unit price. The Contractor may not incur expenses in excess of this amount without the concurrence and written approval of the Contracting Officer. Contractor must include a complete description of this best pricing in their response to the solicitation including any restrictions on location of property to be sold or minimum charges for any property that fails to sell.

Unless specifically exempted, the prices quoted shall include Federal, State, and local taxes. This table shows price categories for billing purposes.

Line Item No. Description Estimated Qty Unit of Issue Fixed Unit %

0001 Auction of REO 40 Each __________%* Properties

*NOTE: The percentage entered is the percentage of the auction sales price that represents the auction fee to be paid to the Contractor from sale proceeds.

Buyer’s premiums are NOT allowed.

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 call order under this BPA.

Business Name:

Address:

Phone:

Email:

Fax: USDA, Rural Development

(Enter Office address, phone & fax numbers, and also email.) Person Authorized/Title:

(Signature) (Signature) Contracting Officer USDA Rural Development

(Date) (Date)

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BPA Solicitation Number:

AG-5670-S-15-0001

CONTRACTOR: CONTRACTOR BPA NO.: ___________________

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CONTRACT CLAUSES

1. FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://acquisition.gov/far/.

52.202-1 Definitions NOV 2013 52.203-5 Covenant Against Contingent Fees. MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. APR 2014 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2013 52.209-6 Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. AUG 2013 52.212-4 Contract Terms and Conditions—Commercial Items SEP 2013 52.219-6 Notice of Total Small Business Set-Aside. NOV 2011 52.222-3 Convict Labor. JUN 2003 52.222-35 Equal Opportunity for Veterans. JUL 2014 52.222-37 Employment Reports on Veterans JUL 2014 52.222-50 Combating Trafficking in Persons. MAR 2015 52.222-52 Exemption From Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. MAY 2014 52.222-53 Exemption From Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements. MAY 2014 52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-18 Encouraging Contractor Policies to ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-6 Promoting excess food donation to nonprofit organizations MAY 2014 52.232-1 Payments. APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-3 Protest after Award. AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004 52.237-11 Accepting and Dispensing of $1 Coin SEP 2008 52.244-6 Subcontracts for Commercial Items. MAR 2015

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USDA RURAL DEVELOPMENT BLANKET PURCHASE AGREEMENT

Single Family Housing Real Estate Owned

Auction Services

LIST OF ATTACHMENTS

Attachment 1: Sample Call Order Attachment 2: FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Items (5 Pages ) Attachment 3: Reference Questionnaire

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Auction Services

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

1. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUL 2013)

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). 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 to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

i. The solicitation number;

ii. The time specified in the solicitation for receipt of offers;

iii. The name, address, and telephone number of the offeror;

iv. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

v. Terms of any express warranty;

vi. Price and any discount terms;

vii. “Remit to” address, if different than mailing address;

viii. A completed copy of the representations and certifications at FAR 52.212-3 (see

Attachment C -FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

ix. Acknowledgment of Solicitation Amendments;

x. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

xi. If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

c. Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

d. Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

e. Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

f. Late submissions, modifications, revisions, and withdrawals of offers.

i. 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 specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

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Auction Services

ii. (1) 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) 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.

iii. 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.

iv. 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.

v. 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. Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract 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. 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 unit prices offered, unless the offeror specifies otherwise in the offer.

i. Availability of requirements documents cited in the solicitation.

(1)(A) The GSA Index of Federal Specifications, Standards and Commercial Item

Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

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Auction Services

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(B) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

ii. Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil).

(2) Quick Search (http://assist.daps.dla.mil/quicksearch).

(3) ASSISTdocs.com (http://assistdocs.com).

iii. Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA

19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

iv. Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

j. Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) 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 a 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:

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

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

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

iv. A summary of the rationale for award;

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

vi. 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.

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EVALUATION FACTORS FOR AWARD

1. FAR 52.212-2 Evaluation—Commercial Items (JAN 1999)

a. 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:

i. Factor 1: Technical Capability:

There are 3 sub-factors:

1. Knowledge of Wisconsin Housing market.

2. Marketing Techniques

3. Ability to perform services

Sub-factor 1: Annual (2013 or 2014 if available) sales of single family housing (number of homes auction total) that the auction company actually processed during the calendar year in the State of Wisconsin.

Sub-factor 2: Marketing Techniques - The Offeror shall describe in a written narrative the plan for marketing Rural Development Housing auctions. The narrative will also detail how the Contractor intends to prepare for the sale, describing how auctions are held onsite, online or in conjunction.

Sub-factor 3: Ability to perform services - Project Personnel Experience (Specialized experience and technical competence, employee or subcontractor). The Offeror shall demonstrate the relevant experience of key personnel.

Biographical data shall include the following:

a) Name of individual.

b) Licenses held.

c) Company title and location.

d) Years with the company.

ii. Factor 2: Past Performance: Offerors shall submit attached past performance questionnaire to contact persons for previous contracts and have them email completed form to: charles.banks@ks.usda.gov by close of business 17APR2015.

The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offeror's past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts.

Very Relevant: Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant: Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant: Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant: Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Past performance information will be obtained through the Past Performance Information Retrieval System (PPIRS), questionnaires tailored to the circumstances of the acquisition, or other sources known to the Government.

NOTE: All evaluation factors other than cost or price, when combined, are approximately equal to cost or price. **

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b. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

2. ENFORCEABILITY OF PROPOSAL: The proposal must set forth full, accurate and complete information as required by this solicitation. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g., key personnel, subcontractors, etc.) will be utilized for the duration of the contract and any substitutions shall require prior Contracting Officer's approval. The Government will not pay for any costs incurred in preparation and submission of proposals.

3. RESPONSIBILITY DETERMINATION: To be determined responsible, a prospective contractor must-

1. Have adequate financial resources to perform the contract, or the ability to obtain them (See FAR

Part 9.104-3(a));

2. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

3. Have a satisfactory performance record (See FAR Part 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history, except as provided in FAR Part 9.104-2;

4. Have a satisfactory record of integrity and business ethics including satisfactory compliance with the law including tax laws, labor and employment laws, environmental laws, antitrust laws, and consumer protection laws.

5. Have the necessary organization, experience, accounting and operational controls, technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See FAR Part 9.104-3(a));

6. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (See FAR Part 9.104-3(a)); and

7. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

4. PERFORMANCE CONFIDENCE ASSESSMENTS: In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings in the Performance Confidence Assessment table below. (Reference FAR 15.305(2) for information on assigning an unknown/neutral confidence rating.)

Performance Confidence Assessments

Rating Description

Substantial Confidence Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

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5. The Technical Factors will be evaluated and rated as follows: Outstanding, Good, Acceptable, Marginal or Unacceptable. See definitions below.

Adjectival Rating Scale

Technical Evaluation

Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a through approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

6. Upon completion of the evaluations, the Contracting Officer will select no more than three (3) highly qualified offers. Offerors not selected will be notified by the Contracting Officer immediately. Upon notification by the Contracting Officer, only those offerors selected will be awarded the Blanket Purchase Agreement.

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ATTACHMENT 1

SAMPLE CALL ORDER

(SF-1449 with FMMI PO shall be used as contractual obligation document.)

CALL ORDER # ________________ BPA # ____________________

FMMI PO # _____________________ ORDER DATE ________________

REO Address: ____________________________

REO Account # ____________________________

In accordance with the terms and conditions of the subject Blanket Purchase Agreement, you are hereby directed to perform the work specified in the attached. You are required to begin work by ________________________, and all work under this order must be completed in accordance with agreement terms and conditions on or before ___________.

This fixed unit price of this order is ______________ %.

The Contracting Officer is the only person authorized to make changes in this order. Any changes directed or agreed to by the Contracting Officer must be in writing as a modification. Please read your order carefully and contact the Contracting Officer immediately when questions of a contractual nature arise.

Consultation - The Centralized Servicing Center (CSC) shall be the contact for the Contractor for any consultation necessary in connection with this case. The primary contact person is:

USDA – Centralized Servicing Center 4300 Goodfellow Blvd., FC 213 Bldg. 105 St. Louis, MO 63120-1703

Please acknowledge receipt of this order by signing the spaces provided below and returning a copy to the undersigned. The original will be returned to the undersigned upon completion of the work. The remaining copy is for your files.

Sincerely, Ordering Official Date Received ___________________

Accepted by _____________________

Title _____________________

Work Completed Reviewed & Accepted

Contractor (Auctioneer) Ordering Official Date Date

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ATTACHMENT 2

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items. (JUL 2014)

(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)).

_√__Alternate I (Aug 2007) of 52.222-50 (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)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_√_ (8) 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).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_√_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L.