Lien_Search_BPA_Solicitation.pdf

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1. THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION (FAR) SUBPART 12.6, STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS AND FAR SUBPART 13.5, SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION. QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION WILL NOT BE ISSUED.

2. The solicitation is issued as a Request for Quote. Submit written quotes on RFQ number #AG-64KY-S-17-0004.

3. Solicitation #AG-64KY-S-17-0004 incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-94 and 2005-95. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/far/.

4. This is being issued as a TOTAL SMALL BUSINESS SET-ASIDE. The North American Industry Classification System (NAICS) code is 541191. The small business size standard is $11.0M.

5. This combined solicitation/synopsis is for the purchase of the following commercial services and products:

Real Estate Lien Search Reports

6. The United States Department of Agriculture, Rural Development (USDA RD) in Missouri has a backlog of accounts for properties which have been accelerated, and therefore needs to obtain the services of a Contractor(s) to complete a search of the real estate records of the county in which the real estate is located prior to USDA RD’s completion of the nonjudicial foreclosure sale on the accounts. This will be accomplished under the Blanket Purchase Agreement (BPA) process. The report must be issued on Form RD MO 427-4, “Report on Real Estate Lien Search” (refer to Attachment C)

7. Delivery: Various USDA Rural Development Offices in Missouri.

8. The provision at 52.212-1, Instructions to Offerors—Commercial Items (JAN 2017) applies to this acquisition.

9. The provision at FAR 52.212-2, Evaluation—Commercial Items (OCT 2014) applies to this acquisition.

10. Vendors are advised to include a complete copy of the provision at FAR 52.212-3, Offeror Representations and

Certifications - Commercial Items (JAN 2017), with its offer. (Attachment E) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically via the System for Award Management (SAM) website accessed through http://www.sam.gov.

If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.

11. The clause at 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017), applies to this acquisition.

12. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders—Commercial Items (JAN 2017), applies to this acquisition.

https://www.acquisition.gov/far/ http://www.sam.gov/

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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:

i. 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644)

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

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

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

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

vi. 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246)

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

viii. 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513)

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

b. The Contractor shall comply with the FAR clauses in this paragraph, 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:

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

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SECTION 1

BACKGROUND, OBJECTIVE, AND GENERAL INFORMATION

1. BACKGROUND

The United States Department of Agriculture, Rural Development (USDA RD) in Missouri has a backlog of accounts for properties which have been accelerated in accordance with Section 502 of the Housing Act of 1949 [42 U.S.C. §1480(d)], C.F.R. §3550.211(a) and (c), and Missouri Instruction 3550 Exhibit A, and therefore needs to obtain the services of a Contractor(s) to complete a search of the real estate records of the county in which the real estate is located prior to USDA RD’s completion of the nonjudicial foreclosure sale on the accounts.

USDA RD seeks to retain the services of title companies, private attorneys, or law firms (hereinafter the “Contractor”) to provide Real Estate Lien Searches related to Section 502 Single Family Housing debts to the United States of America, USDA RD in the state of Missouri under the Blanket Purchase Agreement (BPA) process.

2. OBJECTIVE AND SCOPE

The Contractor shall provide the facilities, materials, supplies, tools, equipment, personnel, travel, and technical expertise to provide Real Estate Lien Search Reports (hereinafter “Reports”) as authorized under Missouri Instruction 3550 Exhibit A. The work shall be performed throughout the State of Missouri.

USDA RD retains the right to assign cases under this agreement and may elect not to use the services for all cases handled during the term of the BPA.

3. GENERAL AND SPECIAL PROVISIONS

The following general and special provisions are applicable to this Blanket Purchase Agreement (BPA) from date of issuance or amendment to the cited expiration date. The Federal Acquisition Regulations (FAR), Agricultural Acquisition Regulations (AGAR) clauses, and USDA Rural Development Regulations are applicable to this BPA.

4. STANDARDS

The Contractor performing the services must be duly licensed to conduct business as a Title Agency or Title Agent in good standings with the State of Missouri, or be licensed to practice law in Missouri and be in good standings with the Missouri Bar Association, and must provide proof thereof. Applicable statues and standards, as well as other Federal and State laws and regulations pertaining to the Government as a whole are incorporated by reference into this Agreement. Violation of applicable law, regulation, or ethical standards shall be cause for termination.

4.01 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 for each person proposed to complete requested services.

5. REQUIRED REGISTRATION

5.01 Contractors/individuals providing services to USDA RD must have and maintain an active registration in the System for Award Management (SAM) before award of any order for services will be made.

Information and registration requirements for SAM can be found at www.sam.gov. In addition, please refer to the SAM Quick Start Guide, which is included as Attachment A.

6. PERIOD OF PERFORMANCE

This is a multiyear agreement pursuant to 41 U.S.C. §254c, and performance during each year of the agreement is contingent upon the appropriation of funds.

http://www.sam.gov/

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6.01 This agreement shall be in effect from date of issuance by the Contracting Officer through September 30, 2020, or when the amount of all call orders issues reach $150,000 [or existing Simplified Acquisition Threshold (SAT)], or until cancellation by either party upon 30 days’ prior written notice.

6.02 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.

7. EXTENT OF OBLIGATION

7.01 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.

8. AUTHORIZED ORDERING OFFICIALS

NAME TITLE SINGLE ORDER

THRESHOLD

Cassandra Crawford Contracting Officer $150,000.00 Glenda Shafer Contracting Officer’s Representative $3,500.00 Vicky Hubbard Contracting Officer’s Representative $3,500.00 Marilyn McCoy Contracting Officer’s Representative $3,500.00 Stephanie Adams Contracting Officer’s Representative $3,500.00

9. PURCHASE LIMITATION

Any order exceeding the Ordering Official’s delegated authority, or not approved by the Contracting Officer, is outside the scope of the agreement. Orders in excess of this amount shall not be honored nor accepted by the Contractor. Failure to comply with this provision may result in termination of the BPA.

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

9.02 Individual call orders will be placed on a rotational basis with all BPA holders for the applicable county(ies).

10. BPA TERMINATION

10.01 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 by routinely fails to delivers 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.

11. INQUIRIES

All inquiries concerning the terms and conditions of this Agreement or its administration shall be addressed to the Contracting Officer named in the BPA signature block.

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12. CONDITIONS OF SALE

No Conditions of sale other than as specified herein shall be applicable to purchases made under this Agreement.

13. CONDUCT

During the course of this contract, the Contractor shall maintain the same high standards of honesty, integrity, impartiality, confidentiality, and conduct as Government employees are expected to maintain. The Contractor shall not engage in other employment which is incompatible with the duties of this contract. The Contractor shall not, directly or indirectly, engage in financial transactions of any kind of business dealings relying on information obtained through the performance of this contract. The Contractor shall not have a direct or indirect financial or other interest that conflicts, or appears to conflict, with its responsibilities and duties under this contract.

14. DISCLOSURE OF “SENSITIVE BUT UNCLASSIFIED” INFORMATION SAFEGUARDS

Any USDA information made available or to which access is provided, and which is marked or should be marked “Sensitive but Unclassified Use Only”, shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

Disclosure to anyone other than an officer or employee of the contractor or subcontractor at any tier shall require prior written approval of the USDA. Requests to make such disclosure should be addressed to the USDA Contracting Officer.

15. TERMINATION FOR CONVIENIENCE

The Contracting Officer, by written notice, may terminate any individual order of the BPA itself for the Government’s convenience. See FAR Clause 52.249-4 TERMINATION FOR THE CONVENIENCE OF THE

GOVERNMENT (SERVICES) (SHORT FORM). (APR 1984)

16. TERMINATION FOR DEFAULT

The Contracting Officer, by written notice, may termination any order herein, in whole or in part, for failure of the contractor to perform any of the provisions of this Agreement. In such an event, the Contractor shall be liable for damages, including the excess cost of reprocuring the services. (See FAR Clause 52.249-8 (DEFAULT

[FIXED-PRICE SUPPLY AND SERVICE]). (APR 1984)

SECTION 2

EVALUATION & AWARD

1. AWARD OF BPAS

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

2. EVALUATION AND AWARD

USDA will evaluate quotes received and will award a BPA to the responsible offeror(s) whose quote conforming to the solicitation will be more advantageous to the Government.

3. 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

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Contracting Officer’s approval. The Government will not pay for any costs incurred in preparation and submission of proposals.

4. TECHNICAL CAPABILITIES/QUALIFICATION STATEMENT: The Contractor shall include a description of the capabilities and qualifications of the Contractor showing why they are capable of completing the services required. Offerors shall submit a BRIEF narrative format addressing these factors, which shall be used to evaluate offers.

a. Price – Will be considered in determining the overall best value to the Government

b. Past Performance – Please provide contact information for two (2) references for which the

Contractor has provided similar services. The Contractor’s past performance may be verified by contacting references, as deemed necessary by the Government and evaluated based on the relevance of the information submitted. The Government may obtain and evaluate past performance information obtained for sources other than those identified in the quote/offer.

c. Experience – Will be evaluated based upon the Contractor’s ability to demonstrate its experience providing services relevant to the requirement. Provide a summary description of relevant, recent (within the past 2 years) performance that exhibits experience capabilities.

Past Performance and experience, when combined, are equally important as price.

5. CONTRACTOR’S RESPONSIBILITY CRITERIA

The contractor must be able to comply with the terms of the BPA. Such criteria include, but is not limited to:

a. Adequate financial resources or the ability to obtain them;

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

c. Satisfactory record of integrity and business ethics;

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

e. Necessary equipment and facilities or the ability to obtain them;

f. Be otherwise qualified and eligible to receive an award under all applicable laws and regulations;

g. Be licensed as required by Section 1, Item 4.01;

h. Active registration in System for Award Management (SAM) as required by Section 1, Item 5.01.

SECTION 3

SCHEDULE OF SERVICES AND PRICES

1. PRICE SCHEDULE AND CERTIFICATIONS

All BPA pricing shall be as low as lower than pricing offered to the Contractor’s most favored customers for comparable services under similar terms and conditions, in addition to any trade or prompt payment discounts offered.

2. INVOICES AND PAYMENT

2.01 The contractor shall submit an itemized, signed invoice to the Ordering Official as follows:

a. Monthly summary invoices for all Reports completed during the month (and accepted by USDA RD), at the end of each month, or upon expiration of this Agreement, whichever occurs first, for which payment has not been made. Refer to Attachment C for a sample Summary Invoice.

OR

b. Individual invoices may be submitted with each completed Report.

2.02 A proper invoice shall consist of:

a. Contractor’s Name, address and phone number

b. Invoice number

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c. BPA number

d. Itemization of charges by call order number and date

2.03 Incorrect invoices will be returned to the vendor

2.04 The period of any discounts will commence on the final date of the billing period or on the date of receipt of invoices for all deliveries made during the billing period, whichever is later.

2.05 Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made.

2.06 Inquiries relating to payment may be directed to:

USDA Rural Development Attn: Cassandra Crawford, Contracting Specialist 601 Business Loop 70W Parkade Center, Suite 235 Columbia, MO 65203

(573) 876-9333 cassandra.crawford@mo.usda.gov

3. RECEIPT, INSPECTION AND ACCEPTANCE

3.01 RECEIPT OF SERVICES: The Contractor’s invoice will be date stamped by the Ordering Official to indicate the dates the Report and invoice are received.

3.02 INSPECTION AND ACCEPTANCE: Deliverables will be reviewed for compliance with the BPA SOW and

Call Order by the Ordering Official within 7 days of receipt of the completed product. Payment will be made only after inspection and acceptance of the services AND receipt of a proper invoice.

4. PROMPT PAYMENT DISCOUNTS

The Prompt Payment Act, FAR 52.232-25 (JUL 2013), 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

6. SERVICES AREA COVERAGE AND PRICING SCHEDULE

6.01 USDA Rural Development shall reimburse the Contractor based on the unit fixed price(s) quoted below for completion of Real Estate Lien Search services for single family dwellings as described in the Statement of Work (SOW) set forth herein.

6.02 The Contractor’s fixed price shall include all fees/costs, materials and labor to complete the services required under the BPA.

(Refer to map for county locations) mailto:cassandra.crawford@mo.usda.gov

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COUNTY UNIT PRICE COUNTY UNIT PRICE COUNTY UNIT PRICE COUNTY UNIT PRICE

Adair $__________ Dallas $__________ Livingston $__________ Ralls $__________

Andrew $__________ Daviess $__________ Macon $__________ Randolph $__________

Atchison $__________ DeKalb $__________ Madison $__________ Ray $__________

Audrain $__________ Dent $__________ Maries $__________ Reynolds $__________

Barry $__________ Douglas $__________ Marion $__________ Ripley $__________

Barton $__________ Dunklin $__________ McDonald $__________ Saline $__________

Bates $__________ Franklin $__________ Mercer $__________ Schuyler $__________

Benton $__________ Gasconade $__________ Miller $__________ Scotland $__________

Bollinger $__________ Gentry $__________ Mississippi $__________ Scott $__________

Boone $__________ Greene $__________ Moniteau $__________ Shannon $__________

Buchanan $__________ Grundy $__________ Monroe $__________ Shelby $__________

Butler $__________ Harrison $__________ Montgomery $__________ St. Charles $__________

Caldwell $__________ Henry $__________ Morgan $__________ St. Clair $__________

Callaway $__________ Hickory $__________ New Madrid $__________ St. Francois $__________

Camden $__________ Holt $__________ Newton $__________ St. Louis $__________

Cape Girardeau $__________ Howard $__________ Nodaway $__________ Ste. Genevieve $__________

Carroll $__________ Howell $__________ Oregon $__________ Stoddard $__________

Carter $__________ Iron $__________ Osage $__________ Stone $__________

Cass $__________ Jackson $__________ Ozark $__________ Sullivan $__________

Cedar $__________ Jasper $__________ Pemiscot $__________ Taney $__________

Chariton $__________ Jefferson $__________ Perry $__________ Texas $__________

Christian $__________ Johnson $__________ Pettis $__________ Vernon $__________

Clark $__________ Knox $__________ Phelps $__________ Warren $__________

Clay $__________ Laclede $__________ Pike $__________ Washington $__________

Clinton $__________ Lafayette $__________ Platte $__________ Wayne $__________

Cole $__________ Lawrence $__________ Polk $__________ Webster $__________

Cooper $__________ Lewis $__________ Pulaski $__________ Worth $__________

Crawford $__________ Lincoln $__________ Putnam $__________ Wright $__________

Dade $__________ Linn $__________

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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 issuance AND acceptance of a call order under this BPA.

Business Name:

Address:

Phone: Fax:

Email:

Name of Person Authorized & Title: USDA Rural Development 601 Business Loop 70 West Parkade Center, Suite 235 Columbia, MO 65203

(Signature) (Signature)

Cassandra B. Crawford Contracting Specialist USDA Rural Development

(Date) (Date)

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SECTION 4

PERFORMANCE-BASED WORK STATEMENT

1. ORDER FOR SERVICES

1.01 Each order for services under the BPA will be mailed or sent electronically to the Contractor by the

Ordering Official. Each order will be signed (may be digitally signed) and dated by the applicable Ordering Official. Please refer to Attachment B for a “sample” BPA Call Order.

1.02 The Contractor shall acknowledge receipt and acceptance of each order in writing or via email within 24 hours of the order being issued. Acknowledgement shall be submitted electronically by the Contractor (or authorized representative) to the Ordering Official and/or as indicated on each BPA Call Order.

2. DESCRIPTION AND DELIVERY OF SERVICES TO BE PROVIDED

2.01 The RE Lien Search Report (hereinafter “Report”) with applicable documents shall be received by RD within TEN (10) business days of issuance of the BPA Call Order. The Contractor must immediately notify the Ordering Official if unable to meet the delivery schedule indicated in the Call Order and provide an alternate schedule for consideration

2.02 The Contractor shall complete a search of the real estate records of the county in which the real estate is located within 10 business days after assignment of a case, unless instructed to stop work by the Ordering Official or Contracting Officer:

a. The Report must be issued on Form RD MO 427-4, “Report on Real Estate Lien Search” in accordance with USDA RD Missouri Instruction 3550 Exhibit A. Refer to Attachment C for a sample of MO 427-4.

b. The Report shall reflect how title is vested, a description of the property involved, and a list of the encumbrances or defects that would prevent a transfer of clear title to the property.

c. As a minimum, the search should provide:

i. Names and mailing addresses and registered agent(s) of all parties who have lien and encumbrances of record;

ii. Names and addresses of all parties who have filed a Request for Notice of Foreclosure Sale;

iii. Copy of any and all judgements, liens, or other mortgages which affect the property and/or the property owners;

iv. If a judgment lien is filed, obtain a copy of the complaint with that same number;

v. Copy of all current and delinquent tax bills and liens. If unavailable, any documentation of amounts due;

vi. Copy of any UCC filings, such as fixture filings, which affect the real property.

3. RETURN OF CASES TO USDA

3.01 USDA RD reserves the right to reclaim a case for any reason. All cases returned to USDA RD should be mailed or delivered to the Ordering Official, along with all documents and all pertinent records of Contractor activities.

3.02 When a case is returned to USDA RD, upon written request of the Ordering Official or Contracting Officer after case assignment but before completion, the Contractor shall be entitled to a pro-rata payment of 20% of the flat-fee agreed upon for the applicable county(ies) under this BPA.

3.03 The Contractor shall have no claim against the Government for any action taken by USDA subsequent to return of the case.

4. CASES PENDING AT BPA AGREEMENT EXPIRATION

4.01 Cases that have been assigned to the Contractor prior to the expiration of the Agreement shall be completed within the terms and conditions of the Agreement.

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5. GOVERNMENT FURNISHED PROPERTY

5.01 The Government will provide the following to the Contractor, as applicable:

a. Missouri Form RD-MO-427-4 with Items 1-4 completed for each case;

b. 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 (https://www.rd.usda.gov/publications/regulations-guidelines/handbooks)

6. PERFORMANCE REQUIREMENTS SUMMARY (PRS). The reference for performance-based contracting requirements is FAR Subpart 37.6. To ensure that PWS requirements and RD’s objectives are being met, the Government and Contractor are responsible for monitoring contract performance and abiding by any quality assurance standards and incentives used (if any). Performance standards establish the performance level required by the Government to meet the contract requirements. The standards shall be measurable and structured to permit an assessment of the contractor’s performance. The table includes information about the frequency of surveillance and any minimum satisfactory rating that the Agent must meet. If no rating is specified, the minimum requirement is 100% compliance or no unresolved discrepancies.

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

REF REQUIREMENT STANDARD METHOD/FREQ.

AGENT CAPABILITY

1.02 The Contractor shall acknowledge receipt

and acceptance of each order in writing or via email , Within 24 hours of the order being issued.

As observed during normal operations.

2.01 The RE Lien Search Report received by RD

with applicable documents via email.

Within 10 business days of issuance of the Order.

As observed during normal operations.

2.02(a) The Report must be issued on Form RD MO 427-4, “Report on Real Estate Lien Search”

As observed during normal operations.

SECTION 5

ADMINISTRATIVE

1. CONTRACTING OFFICER

The Contracting Officer shown below shall be notified in writing of any changes which will have an impact on ordering under the BPA.

USDA Rural Development Cassandra Crawford

601 Business Loop 70W Parkade Center, Suite 235

Columbia, MO 65203 Phone: (573) 876-9333 Email: cassandra.crawford@mo.usda.gov

In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the agreement be effective or binding upon the Government less formalized by proper contractual documents executed by the Contracting Officer.

When, in the opinion of the Contractor, the Ordering Official requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no https://www.rd.usda.gov/publications/regulations-guidelines/handbooks mailto:cassandra.crawford@mo.usda.gov

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SECTION 6

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.

2. 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)

RE Lien Search Reports 541191 Title Abstract & Settlement Offices $11.0

3. FAR 52.212-2 EVAULATION – COMMERCIAL ITEMS (OCT 2014)

(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. Price

ii. Past Performance

iii. Experience Past performance and experience, when combined, are equally important as price.

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

(c) A 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.

(End of Provision)

4. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.212-1 INSTRUCTIONS FOR OFFERORS – COMMERCIAL ITEMS (JAN 2017)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN – REPRESENTATION AND CERTIFICATIONS (OCT 2015)

https://www.acquisition.gov/

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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 this/these address(es): https://www.acquisition.gov

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.243-1 CHANGES – FIXED PRICE – ALTERNATE I (APR 1984)

52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM)

(APR 1984)

6. AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: USDA RD in Missouri.

(End of clause)

SECTION 7

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Attachment A SAM QUICK GUIDE (1 PAGE)

Attachment B SAMPLE BPA CALL ORDER (1 PAGE)

Attachment C SAMPLE FORM RD MO 427-4, “REPORT ON REAL ESTATE LIEN SEARCH” (2 PAGES)

Attachment D SAMPLE INVOICE (1 PAGE)

Attachment E FAR CLAUSE 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS (14 PAGES)

Attachment F FAR CLAUSE 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (5 PAGES)

SECTION 8

REFERENCES, FORMS, AND REPORTS

SFH Handbook HB-1-3550 - https://www.rd.usda.gov/publications/regulations-guidelines/handbooks#hb13550

MO Instruction 3550, Exhibit A – Available for review upon request at any USDA RD office.

https://www.acquisition.gov/ https://www.rd.usda.gov/publications/regulations-guidelines/handbooks#hb13550

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SECTION 9

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

1. CERTIFICATIONS REQUIRED TO BE COMPLETED ONLINE

Various representations and certifications must be completed prior to acceptance of your proposal or offer as part of your registration in the System for Award Management (SAM) website, at https://www.sam.gov. These representations and certifications are included as Attachment E, however, they must be completed online in the SAM website prior to contract award.

https://www.sam.gov/

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ATTACHMENT A

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ATTACHMENT B

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ATTACHMENT C

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ATTACHMENT C

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ATTACHMENT D

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ATTACHMENT E

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERICAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974;

and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

https://www.sam.gov/portal https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces http://uscode.house.gov/

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(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State

Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/www.osha.gov/dcsp/osp/approved_state_plans.html

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(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the…