New_Jersey_Auctioneer_Solicitation.doc

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

nj-vt-53-2014-001

NAME OF OFFEROR OR CONTRACTOR

Schedule B – Services and Price/Costs

B.1 SERVICES

Services shall be performed for the entire state of New Jersey and as described in Schedule C of this Solicitation and Task Orders will be issued under this Indefinite Delivery Indefinite Quantity (IDIQ) Contract.

Fixed Unit Price to include all of the cost associated with the pre-sale, sale, and post-sale, i.e. travel, marketing, advertisements, printing, etc. No additional funds will be paid above the fixed unit price.

CLINs 0001AB, 1001AB, 2001AB, 3001AB and 4001AB represent the costs of expenses associated with the pre-sale, sale, and post-sale of property, to include travel, marketing, advertisements, printing, etc. Contractor will be reimbursed these expenses as set forth elsewhere in this solicitation/contract. Contractor may not incur expenses in excess of this amount without the concurrence and approval of the Contracting Officer or Contracting Officer Representative.

Refer to Paragraph 19, 452.216-73, Minimum and Maximum Contract Amounts.

B.2 CONTRACT LINE ITEMS AND CONTRACT SUBLINE ITEMS

Bidders/Offerors shall enter percentage fees for contract line items as indicated in the schedules. The percentage entered for CLINs 0001AA, 1001AA, 2001AA, 3001AA and 4001AA is the percentage of the auction sales price that represents the auction fee to be paid to the contractor from the sales price received. See paragraph 15, Payment Procedures. See paragraph 25, Evaluation Factors.

B.3 SCHEDULE OF PRICES

0001 BASE PERIOD: Date of Award through September 30, 2014

*ESTIMATED UNIT OF

FIXED UNIT

CLIN

TYPE ACTION QUANTITY ISSUE

PERCENTAGE

0001AA

Auction of Foreclosed

Real Property

25 EA

0001AB

Promotional Expense

YR $37,500.00

1001 OPTION PERIOD ONE: October 1, 2014 – September 30, 2015

*ESTIMATED

UNIT OF

FIXED UNIT

CLINS

TYPE ACTION

QUANTITY

ISSUE

PERCENTAGE

1001AA

20 EA

1001AB Promotional Expense

1 YR $30,000.00

2001 OPTION YEAR TWO: October 1, 2015 – September 30, 2016

CLINS

TYPE ACTION

QUANTITY ISSUE

PERCENTAGE

2001AA

2001AB Promotional Expense

3001 OPTION YEAR THREE: October , 2016– September 30, 2017

CLINS

TYPE ACTION

QUANTITY ISSUE

PERCENTAGE

3001AA

3001AB Promotional Expense

4001 OPTION YEAR FOUR: October 1, 2017– September 30, 2018

CLINS

TYPE ACTION QUANTITY ISSUE

PERCENTAGE

4001AA

4001AB

Promotional Expense

SCHEDULE C

Description/Specifications/Statement of Work

1.

OBJECTIVE

A. The objective of this contract is to provide professional, efficient, and effective auctioneer services for the advertising, marketing, and auctioneering of foreclosed real property within the State of New Jersey, as needed. Disposal activities include pre-sale, sale, and post-sale auction services to reasonably ensure maximization of sale proceeds on foreclosed real property. Services are contracted on a case by case basis as needed and ordered by the Contracting Officer Representative (COR).

B. The Contractor does not guarantee a sale nor is responsible in the event that the buyer or the United States Department of Agriculture, Rural Development (USDA, RD) fail to live up to their agreement, or in the event of non-delivery of property by the USDA, RD to the buyer.

2.

BACKGROUND

This agreement requires auctioneering services for Single Family Housing real properties. This service is to provide for the sale of USDA Rural Development owned (REO) real properties in New Jersey. The vendor shall provide live as well as internet/online sale capability. The auction will be conducted at an agreed upon central location. The vendor 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. Contractor must have a New Jersey Real Estate License.

3.

SCOPE

A. 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 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.

B. Conduct auctions in accordance with standards of the Certified Auctioneers Institute of

American Auctioneers Association or equivalent.

C. Avoid any unduly restrictive procedures or standards that tend to limit sales competition. All designated assets will be offered to qualified purchasers without regard to race, sex, relation or national origin.

4.

DESCRIPTION OF AUCTIONEER DUTIES AND RESPONSIBIITIES

A. Sale Plan

1. Develop a Sales Plan within ten days after order issued from the USDA, RD to dispose of foreclosed real estate assets. Obtain COR’s written approval of the sale plan prior to the expenditure of any monies. Should expenditures be approved, contractor shall advance the monies “out-of-pocket”. The Contractor will be reimbursed, contingent upon the submission of a substantiated and documented bill of expenses that is consistent with the marketing plan and expense budget, after the auction at closing.

2. The Sale Plan shall include, at a minimum, an advertising/promotional marketing plan and expense budget approved by the COR. Provide reasonable advertising and promotional marketing to ensure maximization of sale proceeds on contracted real property to include any miscellaneous advertising and promotional expenses as approved by the COR. The Sales Plan will include, but not be limited to, the following areas or sources of operational expenses associated with the orchestration of an auction:

a. The use of mailing lists, radio, television, newspaper, journal, magazine and, internet advertising.

b. The printing and mailing of color brochures advertising the auction; the printing of the sales booklets listing detailed description of the property for sale; pre-approved expenses as required to maximize sale proceeds on property being auctioned.

c. Miscellaneous advertising and promotional expenses as approved the COR.

d. Handling public inquiries to disseminate sales information.

3.

The Sale Plan shall also include sample deposit agreements for pending sales to be signed by high bidder, pertinent and appropriate documents on the assets to be sold.

4. If a sale is not consummated, the USDA, RD will reimburse the contractor for the actual expenses of all approved operational expenses associated with the auction. (Excluding inventory commission costs.)

B. The Auction Sale

1. 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 the second highest bidder for real estate auctioned, and audio or video taping and recording the auction procedures, and any additional requirements deemed necessary by the COR.

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

3. Offer designated properties on a reserve basis to the highest bidder above a preset minimum price. The preset minimum price will not be disclosed to potential bidders unless authorized by the COR. Unless otherwise specified by the USDA, RD, opening bids for real property should normally begin at least 90 percent of the fair market value or appraised value of a given asset. In the event that there are no offers at 90 percent, attempt to secure an offer above the preset minimum pricing ensuring maximization of sale proceeds.

4. COR may approve emergency repairs verbally and in writing prior to auction sale.

C. Sale Documentation

1. Compile, maintain, and utilize a list of all inquiries relative to the possible purchase of the assets offered for auction.

2. Retain documents received in response to a designated sale for a minimum of one year from the date of the auction.

3. Provide a written contract to the buyer and require, at a minimum, a ten percent (10%) deposit at time of sale and appropriate USDA, RD buyer’s information forms to be completed. No property shall be transferred or given to a purchaser until the total amount of the purchase price has been received by the Contractor. Buyers shall be notified that sale deposits are forfeitable if a sale is not completed.

4. Furnish documentation of property sold to buyer at the completion of the auction sale along with the full and true amounts of sale price, a complete description of the property, and of deposits received. A copy of the receipt shall be given to the COR.

5. Receive and be responsible for all monies collected during the sale. Funds are to be held in a non-interest bearing account. The USDA, RD will not be responsible for money that is lost, stolen, received in error, or misapplied while in the hands of the Contractor.

6. Furnish Report of Sale in a form acceptable to the COR within three (3) business days from the date of auction. Reports of Sale must be in Originals only.

a. The documentation will contain, at a minimum, RD designated case number along with the amounts of sale price and/or deposits received, a description of real property sold.

b. Furnish documentation on total aggregate expenses by commission and authorized Sales Plan expenses. Expenses will be prorated for non-RD property sales, if applicable.

c. Report of Sale must include copies of legal advertisement, copy of Purchase and Sales Agreement, copies of marketing materials, and copy of deposit check.

d. Two Original Purchase and Sales Agreements, listing of all interested parties, and the number of qualified parties qualified to bid.

D. Cooperate when necessary, with current USDA, RD asset management contractors for preparing the auction/sale of the property.

E. The contractor will not be responsible for enforcing the agreement or any buyer to pay for property, by civil action or otherwise. Where property is sold to the highest bidder but is not delivered, as where a buyer refuses or is unable to pay for the property, the Contractor may hold the property and wait for COR’s instructions or at the request of the COR, may sell the property to the second highest bidder (recorded at auction) and the Contractor’s commission will be based upon the final sales price.

F. Obtain a draft Settlement Statement from buyer’s attorney and forward to COR for concurrence. Statement to include auctioneer fees.

G. Attend closing and deliver the “Order of Confirmation” to the buyer and buyer’s closing agent. The buyer’s closing agent will be requested to disburse final settlement funds payable to USDA, Rural Housing Service, along with a final settlement statement and funds transmittal letter. These funds and documents must be sent by overnight delivery to COR .

5.

AUTHORITY

Comply and be consistent with appropriate Federal, State and local statutes, regulations which apply to the auctioneer services. These include, but are not limited to:

A. Title 28, Chapter 37, Section 564;

B. Title 28, United States Code, Section 524

C. Public Law 98-473, Comprehensive Crime Control Act of 1984 and subsequent amendments.

D. Title 28, Code of Federal Regulations, Part 0.111

E. Attorney General’s Guidelines on Seized and Forfeited property;

F. Title 28, Chapter 176, Section 3001(a), 3004(a)(b)(c)

G. Title 28, Chapter 161, Section 2410.

These statutes and standards listed above, as well as other applicable Federal and State laws and regulations pertaining to the Government as a whole are incorporated by reference into this Statement of Work and are considered a part of the contract.

6.

CONTRACTOR QUALIFICATIONS AND RELATIONSHIP TO UNITED STATES

DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT

A. Maintain the appropriate state and local licenses for coordinating and conducting auctioneer services. Auctioneer to be adequately bonded and insured for personal liability, fire, vandalism, theft, etc. Provide copy of insurance policy to the CO within 10 working days of award of contract.

B. Contractor is not an employee of the USDA, RD or of the United States government. In all respects, contractor is an independent contractor, as are any of their authorized subcontractors or employees.

7.

USE OF SUBCONTRACTORS

Retain responsibility for and control of the primary functions of auctioneer services for the USDA, RD on selected approved USDA, Rural Development properties. Subcontractors may be utilized with prior written concurrence from the COR.

8.

PERSONNEL AND OTHER SECURITY REQUIREMENTS

Within five (5) working days of the award of this contract, provide the COR with a list of the complete names (including full middle name) of all employees assigned to perform services, their dates of birth and social security numbers.

9.

DISINTERESTED PARTY

The contractor, subcontractors, associated employees and their immediate family members shall be prohibited from having any personal or financial interest in the assets being disposed for the USDA, RD. In the event that a conflict of interest arises, the Contractor shall immediately notify the CO or AR of the situation.

10.

AUDIT

Contractor shall be subject to financial audits of all records, journals, ledgers, and any other items that reflect financial operation and other financial aspects of auctioneer services under the Contractor’s control of this contract. Contractor shall provide, if requested, all appropriate financial records and information to the Government or, if the Government elects, an independent professional accounting firm upon request of the COR.

CONTRACT ADMINISTRATION DATA

11.

ADMINISTRATING CONTRACTING OFFICER, (ACO) designated for this requirement is:

Name:

Karen A. Gagnon

Address:

87 State Street, Suite 324

PO Box 249

Montpelier, VT 05601

Phone:

802-828-6045

Fax:

802-828-6018

Email:

karen.gagnon@vt.usda.gov

Contract administration will be performed by the ACO. The issuance and execution of task orders prepared during the effective period of the contract and acceptance for payment will be made the ACO.

12. CONTRACTING OFFICER’S REPRESENTATIVE (COR) designated for this requirement is:

Name:

Derrick Waltz

Address:

8000 Midlantic Drive, Suite 500N

Mount Laurel, NJ 08054

Phone:

856-787-7773

Fax:

856-787-7737

Email:

derrick.waltz@nj.usda.gov

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

The COR will monitor all technical aspects and assist in administering the contract. After contract award, the COR designation letter will be provided to the Contractor that clarify the responsibilities. On matters that pertain to the contract terms, the Contractor must communicate with the ACO. Whenever the COR requests effort outside the scope of the contract, the Contractor shall so advise the Contracting Officer in writing.

13.

CONTRACTING OFFICER

Karen A. Gagnon

USDA Rural Development

87 State Street, Suite 324

PO Box 249

Montpelier, VT 05601

Phone: (802) 828-6045

Fax: (802) 828-6018

14.

ISSUANCE AND EXECUTION PROCEDURES FOR TASK ORDERS

A. The ACO shall issue the Task Order to the Contractor for a specific or multiple auctioneer cases:

B. Within three (3) working days after receipt of each assigned case, sign a copy of the task order letter and forward to the COR. The Contractor shall commence the auctioneer action within the time indicated in the Task Order.

15.

PAYMENT PROCEDURES

A. Establish and maintain a comprehensive system of records, books, and accounts in accordance with generally accepted accounting procedures of all expenditures, receipts and charges incurred in orchestrating and conducting the auction.

B. The Contractor, in consideration of his/her services, is to receive an auction fee in the form of an agreed upon percentage of the selling price of the assets. The auction fee does not include and is separate from advertising, promotional and operational costs that are specified in the Sale Plan. The USDA, RD will pay the Contractor upon receipt of appropriate documentation. Refer to Sales Plan item 4.A.2.

C. Payment of auction fee and expenses will be made at the closing sale of the property closing. Location of closings will vary depending on location of real property.

To assist USDA, RD in making timely payment for expenses incurred the invoice must include:

1. Name and address of Contractor (mailing address for check);

2. Contract Number; Task Order Number

3. Invoice Number, date and Vendor Express Number (VXP)

4. List of actions completed or incomplete cases reclaimed; (borrower name & property address)

5. Total amount due under that invoice by CLINS.

16.

GENERAL ISSUES

A. The USDA, RD reserves the right to withdraw the property up to the date of the auction, reserves the right, without obligation, to withdraw the property from sale before the Contractor’s commission is earned.

B. No agent or representative of Contractor or USDA, RD is authorized to make any warranty or representation as to quality, character, condition, size or kind of property offered at a sale. No purported warranty, representation, or statement made by any agent or representative of Contractor or USDA, RD concerning the property will be binding on Contractor or USDA, RD or considered as grounds for any claim, adjustment, or recession by any buyer of any sale.

C. Property will be offered by advertisement and through announcements at the beginning of auctions with the understanding that buyers assume all risks as to present condition and quality of the assets being auctioned. To be sold “AS IS”.

D. The Contractor with consent of the COR reserves the right to change the foregoing terms of conduct and enforcement of sale by announcement, written or oral, made before the auction sale or at the commencement thereof, and such change or changes binding upon any buyer by constructive notice, by virtue of this clause.

E. Auctions are often the primary method of disposal for contracted property. If the contractor believes the proceeds can be maximized by another sales method, a Sales Plan should be submitted to the COR for written approval.

F. Under no circumstances will a “Buyers Premium”, a “Processing Fee”, an “Admission Fee”, or any other charges be allowed.

G. Upon receipt of certified funds, Rural Development will issue appropriate deeds. Deed restrictions may be attached to some dwellings regarding the decent, safe, and sanitary requirements. These restrictions may be lifted or removed upon completion of repairs and acceptance of the work by USDA, and/or a Certificate of Occupancy (CO).

17. 52.212-4 Contract Terms and Conditions (FEB 2007)

18. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items. (DEC 2007)

(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) 52.233-3, Protest After Award (SEPT 2006) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2007), with Alternate I

(Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

_X_ (3) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

_X_ (4) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

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

_X_ (6) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (7) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

_X_ (8) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006)(38 U.S.C. 4212).

_X_ (9) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

_X_ (10) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006)(38 U.S.C. 4212).

_X_ (11) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

_X_ (12) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

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

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

_X_ (2) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

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

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

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

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

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

(i) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006)(38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

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

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

(End of Clause)

19. 52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from time of award through the base plus options.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

20. 52.216-19 Ordering Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of 20 items;

(2) Any order for a combination of items in excess of 20 items;

(3) A series of order from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

21. 52.216-22 Indefinate Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies an services specified in the Schedule are estimates only are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “Minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in that order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 9/30/2010.

(End of Clause)

22. 452.216-73 Minimum and Maximum Contract Amounts (AGAR) (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place order totaling a minimum of $1,000, but not in excess of 20 cases annually.

(End of Clause)

23.

52.217-8 Option to Extend Services. (NOV 1999)

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

(End of clause)

24. 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

25. 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: Technical, Past Performance and Price, when combined, Technical and Past Performance are more important than 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)

26. 452.215-71 Instructions for the Preparation of Technical and Business Proposals (SEP 1999)

(a) General Instructions. Proposals submitted in response to this solicitation shall be furnished in following format with the numbers of copies as specified below.

(1) The proposal must include a technical proposal and business proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated.

(2) Offerors may, at their discretion, submit alternate proposals or proposals which deviate from the requirement; provided, that an offeror also submit a proposal for performance of the work as specified in the statement of work.

Any "alternate" proposal may be considered if overall performance would be improved or not compromised, and if it is in the best interest of the Government. Alternate proposals, or deviations from any requirement of this RFP, must be clearly identified.

(3) The Government will evaluate proposals in accordance with the evaluation criteria set forth in this RFP.

(4) Offerors shall submit their proposal(s) in the following format and the quantities specified:

(i) 2 copies of the technical proposal

(ii) 2 copies of the business/cost proposal

(b) Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following:

(1) Relevant Experience. The technical proposal shall clearly identify that the Offeror wishes to be considered for auction of foreclosed real property. Offeror must provide evidence of the ability to perform this work in the State of New Jersey. A brief overview of the organizational structure that will be responsible for the performance of contract along with key personnel and corporate resumes must be included. The corporate resumes shall demonstrate corporate abilities to meet the requirements of the solicitation. The corporate resume must provide the general background, experience and qualifications of the organization in providing the services outlined herein. The corporate resume shall also describe relevant past experience in providing similar services outlined herein. A narrative describing in detail the Offeror’s experience and performance in providing the same or similar services as listed in the Statement of Work. This narrative should include items such as, how each task was accomplished, organized, staffed, and managed. Any reports and tracking methods used should be explained. The relevant experience shall contain project completed within the past three (3) years. Submit a narrative with regard to the Offeror’s previous experience in performing auctions to include timeliness and adherence to the regulations set forth by the State of New Jersey.

(2) Staffing/Management Plan

(i) Provide a project staffing narrative identifying key personnel proposed for this project. Provide an organizational chart that clearly identifies names, titles, organizational relationship and lines of authority. Provide a

Management Plan which describes a comprehensive methodology for executing and managing the contract.

(ii) Submit a list of names and proposed duties of the professional/clerical/ technical/ consultants, and/or other personnel (subcontractor employees, etc.) to be assigned to perform the services listed in the Statement of Work. Also, document personnel experience with same/similar services (type services, number of years/month, and duties performed for the services.

(iii) Submit resumes for the auctioneer(s) that contain information on education, background, recent work experience qualifications and specific work accomplishments.

(iv) Submit documentation that reflects that all auctioneers proposed to work on this contract are members of and in good standing with the Certified Auctioneers Institute of American Auctioneers Association, a statement on whether or not the auctioneer have ever been formally disciplined or reprimanded by the Certified Auctioneers Institute of American Auctioneers Association, and if so, include a copy of the summary of the action.

(v) Each key personnel resume included in the Offeror’s proposal shall include the following certification by the employee described in the resume.

“I consent to Offeror’s disclosure of my resume and other applicable personal data to USDA for the purpose of evaluating proposals under this solicitation. I certify that this resume is current, accurate and complete. I further certify my availability and commitment to support this requirement upon award of a contract by the USDA, within five working days after contract award.”

Employee Signature Date

Offeror Date

(c) Business Proposal Instructions.

(1) Signed Offer (SF 1449 and complete Provisions of the Solicitation package), as well as any amendments issued.

(2) Capabilities. (a) Furnish financial statements for the last two years, including an interim statement for the current year. (b) Specify the financial capacity, working capital and other resources available to perform the contract without assistance from any outside source. (c) Provide the name, location, and inter-company pricing policy for other divisions, subsidiaries, parent company, or affiliated companies that will perform work or furnish materials under this contract.

(3) Cost Proposal.

In addition to any other requirements for cost/pricing information required in the solicitation, the following is required: Completion of Section B of this solicitation. Complete the following in Section B:

(a) Base Period – fixed unit price for CLIN 0001AA and 0001BB complete the Total 0001A and 0001BB amount, and enter the percentage for collections.

(b) Option Period One – fixed unit price for CLIN 1001AA and 1001BB, complete the Total 1001 amount, and enter the percentage for collections.

(c) Option Period Two – fixed unit price for CLIN 2001AA and 2001BB complete the Total 2001 amount, and enter the percentage for collections.

(d) Option Period Three – fixed unit prices for CLINS 3001AA and 3001BB, complete the Total 3001 amount, and enter the percentage for collections.

(e) Option Period Four – fixed unit prices for CLINS 4001AA and 4001BB, complete the Total 4001 amount, and enter the percentage for collections.

(f) Total contract value – complete the not-to-exceed total price of the contract for base and all option periods.

(4) Past Performance.

(i) Provide information on at least three (3) but no more than five (5) contracts that were at least one year in length and were performed in the last 3 years. Include contract number, a description of services performed, contract dollar value number of personnel assigned to the contract, period of performance, and volume of cases for which the offeror has performed same/similar services, in the area covered by this requirement.

(ii) Provide the name, address and telephone numbers of the point of contact/contracting officer/contracting officer’s representative for the contracted services submitted above.

(iii) Identify any termination’s (whether for convenience or default) of the contracted services.(End of Provision)

27. 52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2007)

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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

(1) 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

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

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 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.

“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.

“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. “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.

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

U.S.C. 6109, 31

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

FORMCHECKBOX

TIN: ________________________________.

TIN has been applied for.

TIN is not required because:

FORMCHECKBOX

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other ________________________________.

(5) Common parent.

Offeror is not owned or controlled by a common parent;

Name and TIN of common parent:

Name ________________________________.

TIN _________________________________.

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it FORMCHECKBOX is, FORMCHECKBOX is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it FORMCHECKBOX is, FORMCHECKBOX is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it FORMCHECKBOX is, FORMCHECKBOX is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it FORMCHECKBOX is, FORMCHECKBOX is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it FORMCHECKBOX is, FORMCHECKBOX is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it FORMCHECKBOX is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it FORMCHECKBOX is, FORMCHECKBOX is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It FORMCHECKBOX is, FORMCHECKBOX is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking…