KYAPPRAISALBPA2014.doc

REQUEST FOR QUOTATION (THIS IS NOT AN ORDER)

THIS RFQ X

IS

IS NOT A SMALL BUSINESS SET-ASIDE

PAGE OF

PAGES

1. REQUEST NO.

RFQ-14-0001

2. DATE ISSUED

July 24, 2013

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

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

6. DELIVER BY (Date)

August 23, 2013

OTHER

FOB DESTINATION

(See Schedule)

AREA CODE

NUMBER

224-7302

9. DESTINATION

a. NAME OF CONSIGNEE

See Body of RFQ

8. TO:

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

August 23, 2013 IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

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

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Provide Single Family Housing Appraisals for

USDA Rural Development - Kentucky in

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

The due date/time for submission of quotations is 4:30pm local time (Lexington, KY) August 23, 2013.

Mail response to:

Attn: Linda D. Wolfe, Contracting Officer

USDA Rural Development, Suite 200

Lexington, KY 40503

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

!. Page 1 – Sign in bottom left corner

2. Attachment B – Pricing Schedule

3. Attachment D – Vendor Contact and

Registration Information Form

4. Copy of your current Kentucky Real Estate

Appraisers Board Certificate

5. Return Pages 4-5 with checkmarks and initials

12. DISCOUNT FOR PROMPT PAYMENT

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

d. CALENDAR DAYS NUMBER

PERCENTAGE

a. NAME OF QUOTER

c. COUNTY

AREA CODE

AUTHORIZED FOR LOCAL REPRODUCTION

SECTION 1--BLANKET PURCHASE AGREEMENT

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

The Agreement includes the SOW, this Blanket Purchase document, and applicable contract clauses and provisions. This agreement extends from the date of the Contracting Officer’s signature to the end of fiscal year 2014 (September 30, 2014), with two optional years through September 30, 2016. Options may be exercised in writing by the Contracting Officer. The BPA may be cancelled by either party in writing at any time. Any work accepted under this agreement is subject to prior funding approval.

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

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

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

Title RD Contracting Officer

Area Directors

Area Specialist

Area Technicians

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

Any order at or above the Micro-Purchase threshold ($2,500) is subject to competitive quotes, and must be approved by the Contracting Officer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It is the vendor’s responsibility to verify that the Ordering Official has accepted services prior to invoicing. Incorrect invoices will be returned to the vendor. Inquiries relating to payment may be directed to the issuing office or to Linda Wolfe, Contracting Officer, 859-224-7302, linda.wolfe@ky.usda.gov.

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

When, in the opinion of the Contractor, the AGR requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no action under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue. Kentucky Rural Development Staff Appraisers:

Donna Herald

Jonathan Disney

667 Tech Drive

771 Corporate Drive, Suite 200

Winchester, KY 40511

(859) 745-2828 office

(859) 224-7673

(859) 494-6389 cell

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

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

a. By either party with 30 days written notice.

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

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

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

ii. Fails to offer RD most favored customer pricing;

c. When the Contractor consistently provides poor service.

d. If the Contractor files fraudulent claims.

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

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

17. ADDITIONAL REQUIREMENTS

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

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

i. Option or sales agreement, with legal description

ii. Direction Map

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

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

v. Existing Surveys

vi. Copy of existing title

vii. Tax bills or assessments

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

ix. Flood Certification

SECTION 2--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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

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

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

b. The Offeror represents that –

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

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

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

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

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

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

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

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

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

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

4. _____ 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

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

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

GENERAL - THE FOLLOWING CLAUSES APPLY TO ALL PURCHASE ORDERS:

52.203-3 Gratuities (APR 1984)

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

52.242-17 Government Delay of Work (APR 1984)

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

ADDITIONAL CLAUSES THAT APPLY WHEN APPLICABLE:

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

ADDITIONAL CLAUSES APPLICABLE TO CONTRACTS WITH INDIVIDUALS

52.223-6 Drug-Free Workplace (MAY 2001)

SERVICES - ADDITIONAL CLAUSES APPLICABLE TO PURCHASE OF SERVICES:

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

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

52.242-14 Suspension of Work (APR 1984)

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

52.237-3 Continuity of Services (JAN 1991)

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

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

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

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

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

(d) Product samples. Not Applicable

(e) Multiple offers. Not Applicable

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

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

8. FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical capability, past performance and price. All evaluation factors other than price/cost, when combined, are approximately equal to price/cost. (FAR 15.304).

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

10. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JUN 2013)

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

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

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

11. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2013)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ (11) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e)

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

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

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

(iii) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

12. 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)

13. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years. (End of Clause)

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

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

· Adequate financial resources or ability to obtain them/

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

· Satisfactory record of integrity and business ethics;

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

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

SECTION 3--ATTACHMENTS

BLANKET PURCHASE AGREEMENT

ATTACHMENTS

Attachment A:

Statement of Work for Single Family Housing Direct Loan Appraisals

Attachment B:

Pricing Schedule

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

Attachment E: Sample Invoice

ATTACHMENT A

STATEMENT OF WORK FOR SINGLE FAMILY HOUSING DIRECT LOAN APPRAISALS

GENERAL

Rural Development requires the services of a qualified licensed/certified person or firm to appraise single family housing residential property. These appraisals will be used to determine the market value of properties in connection with loan making decisions or other servicing decisions.

The definition of “market value” to be used for the appraisal will be the Fannie Mae/Freddie Mac definition on the appropriate Fannie Mae/Freddie Mac forms. If any other type/definition of value is requested, such as Liquidation Value, the appraiser will contact the appropriate USDA Rural Development agency appraiser listed in the following Detailed Appraisal Work Requirements section of this attachment for guidance. If any other type of value (other than market value) is requested, it will be specifically requested on the order form.

Upon completion of the required work, either two (2) hard color copies of the appraisal report or a digital copy, plus an invoice, shall be submitted to the Rural Development employees listed on the order form. The appraisal(s) must be delivered within the time frame specified in item “N” in the Detailed Appraisal Work Requirements of this Attachment.

If required, the Contractor shall defend the appraisal in court in accordance with the reimbursement policy detailed in item “P” in the Detailed Appraisal Work Requirements section of this Attachment.

The appraiser must maintain confidentiality in all appraisal assignments under this BPA and thereby agrees not to disclose assignment results or other confidential information concerning the work completed for USDA Rural Development to any persons or individual outside USDA Rural Development unless prior written approval is obtained from Rural Development. USDA Rural Development does not prohibit appraisers from disclosing any prior appraisal service(s) regarding a property appraised for Rural Development as this disclosure is required in the Certification of each appraisal report. However, disclosure of assignment results, client/borrower information, and/or submitting a copy of the appraisal report to any person/party outside of Rural Development is prohibited, unless prior written approval is obtained.

Rural Development requires a qualified appraiser to hold one of the following credentials: Licensed Real Estate Appraiser, Certified Residential Appraiser or Certified General Appraiser; licensed in Kentucky through the Kentucky Real Estate Appraisers Board. Trainees, or Associate Appraisers, licensed in Kentucky can assist in appraisal assignments. However, for all appraisal assignments involving an associate appraiser, the properties must have the interior & exterior inspected by, and report signed by, a Certified Residential or Certified General Appraiser holding a license in Kentucky.

DETAILED APPRAISAL WORK REQUIREMENTS

A. All appraisals and appraisal reports must be completed in accordance with the current edition of Uniform Standards of Professional Appraisal Practice (USPAP), Rural Development Handbook 1-3550 – Chapter 5 (accessible via internet at http://www.rurdev.usda.gov/SupportDocuments/3550-1chapter05.pdf) and send either two hard color copies or a digital copy of the appraisal report to the USDA Rural Development Office specified in the “SHIP TO” block of the order.

B. Appraisal reports must be completed using the following forms: Fannie Mae Form1004/Freddie Mac Form 70, “Uniform Residential Appraisal Report,” for all one-unit, single family dwellings; Fannie Mae Form 1004C/Freddie Mac Form 70B, “Manufactured Home Appraisal Report,” for all manufactured homes; or Fannie Mae Form 1073/Freddie Mac Form 465, “Individual Condominium Unit Appraisal Report” for all individual condominium units.

C. Unless otherwise specified on the appraisal order, Rural Development will be the only intended user which should be specified in the appraisal report. The intended use will be specified on each order.

D. List the specific dollar value on the appraisal. Dollar value ranges shall not be used.

E. Appraisal reporting will be completed in compliance with the Fannie Mae Uniform Appraisal Dataset (UAD).

F. The sales comparison approach will be required for all single family housing appraisal assignments with a minimum of three closed sales required. Sales are expected to be within one year of the appraised effective date and in the subject’s defined market area; however, if older sales (greater than 1 year from effective date) or sales in other market areas are necessary for credible assignment results, then the appraiser must summarize their reasoning why those sales were necessary. A summarized reconciliation of the sales analyzed and adjustments made will be necessary in accordance with USPAP Standards Rule 2-2(b)(viii).

G. Sales financed with a Rural Development mortgage will be acceptable. Each comparable sale analyzed must include due diligence by the appraiser to verify and analyze the type of financing and, if any, financing concessions or other atypical market terms were included in the sale with consideration of any appropriate adjustments for such items. Adjustments shall never be made to the sale properties for financing incentives that are discovered for the subject property.

H. The cost approach is required for “new” properties or properties that are less than one (1) year in actual age. For properties that are greater than one (1) year in actual age, the cost approach is optional dependent if the appraiser deems it necessary (or not) for credible assignment results. The income approach is optional if the appraiser deems it necessary (or not) for credible assignment results. A reconciliation of the approach(s) to value developed will be required with a summarized discussion explaining which approach was given most weight and why, and, why any one of the three approaches was not developed.

I. Opinion of site value and remaining economic life must be reported with a summarized reconciliation regarding the method & reconciliation for developing the opinion of site value.

J. Appraiser will develop and report an “as is” market value opinion for existing properties needing no repairs.

K. For proposed or properties under construction, an “as proposed” market value opinion will be developed and reported, utilizing a current effective date, based on construction plans and specifications. For properties in need of repairs, an “as proposed” or “as repaired” market value opinion will be developed and reported based on the list of repairs that will be provided to the appraiser by the Loan Originator at Rural Development. If multiple types of value are requested, the appraiser must summarize their analysis for each type of value developed in accordance with USPAP Standards Rule 2. Stating a value opinion without a summarization of the analysis will not be accepted. Any additional fee for multiple values in one assignment will be negotiated prior to acceptance of the assignment.

Appraisers are reminded to clearly and conspicuously report all necessary hypothetical conditions/extraordinary assumptions, and state their use may have affected the assignment results, in accordance with USPAP Standards Rule 2-2(b)(x).

L. Contractor shall provide an “as is” market value opinion for all foreclosure assignments. In the event an additional type of value is requested, such as a Liquidation Value, this will be specifically requested on the order. Any additional fee for the added analysis will be negotiated prior to acceptance of the assignment.

M. Include original color photographs or digitally generated color photographs with the appraisal package. Pictures shall be at a minimum of the front, rear and street scene photos of the appraised residence. If other significant factors should be noted then additional photos need to be added to support those factors. Additionally at minimum, a color photograph of the front view of each comparable residence shall be provided.

N. By the due date specified on the order, the properly completed appraisal is to be in the hands of the Government at the area office specified in Block #3 of the “Appraisal BPA Call Order/Delivery Ticket Worksheet. If no due date has been specified on the order, then the due date is ten (10) calendar days (including weekends, but excluding Federal Holidays) after the issuance date of the BPA Call Order. Placing a deliverable in the mail, or delivering to a carrier does not constitute delivery. The appraiser is to use whatever means are necessary to get the completed product to the delivery site by the due date. Extraordinary delivery fees are the responsibility of the appraiser. They will not be reimbursed by the Government.

If conditions arise that may prevent the appraiser from completing the assignment within the time frame requested, or greater than 10 calendar days from the order date, then the appraiser must contact the Rural Development loan originator on the order form immediately to explain.

O. Within seven (7) days, correct any deficiencies noted by the Rural Development officials and return the corrected appraisal to proper office as well as to any other USDA Rural Development office that may have notified the appraiser of the deficiency.

P. If required, provide expert witness testimony to defend the appraisal in court hearing. If testimony is required, the Government will reimburse the appraiser’s costs for transportation, lodging, and meal in accordance with the Government’s per diem rates. Prior to incurring the costs, contact the Kentucky Rural Development Contracting Officer to obtain approval and the most current per diem rates.

Q. The appraiser or appraiser’s associates/affiliates shall not: purchase the property being appraised, have ownership interest or receive loan assistance for the property being appraised.

R. Appraisers must sign and date all appraisals, including any appraisals performed their associates or trainee’s. If significant real property assistance was received, such assistance must be in the certification in accordance with USPAP Standard Rule 2-3.

S. Any questions or concerns may be addressed to the following Rural Development agency appraisers:

Donna Herald

Jonathan Disney

667 Tech Drive, Suite B

771 Corporate Drive, Ste. 200

Winchester 40391

(859) 224-7331

(859) 224-7673 donna.herald@ky.usda.gov jonathan.disney@ky.usda.gov

SUBSIDY RECAPTURE

For appraisal assignments that involve a Subsidy Recapture, the same appraisal requirements as discussed in this attachment will be necessary in addition to reporting the contributory value of each capital improvement made to property. Appraisers must reflect the “as is” condition of the property in developing their opinion of market value, including any and all recent updates that contribute value to the real property (such as capital improvements). However, the contributory value of each “capital improvement” will need to be individually reported. The appraisal order form will specify if the assignment is for a Subsidy Recapture.

Rural Development does not have a list specifying what is or is not a Capital Improvement. Rural Development considers a capital improvement an addition to the property, since the loan origination, which adds value but is not considered “routine maintenance”. Therefore items including, but not limited to, kitchen cabinets, floor coverings, roofing, siding, HVAC, appliances, water heaters are not considered capital improvements as replacing those may be necessary for routine maintenance. Whereas items such as room additions, added fence, added deck, or added enclosed porch (since loan origination) are considered Capital Improvements. Since Rural Development may not have a list of all capital improvements, appraisers need to verify with the property owner any and all recent updates to the property since the loan origination. If an appraiser has questions regarding capital improvements during the course of their assignment, they are encouraged to contact the Rural Development official who ordered the assignment or an agency appraiser.

For appraisal assignments involving a Subsidy Recapture, the appraiser must report an itemized list of the capital improvement(s) and report the contributory value of each itemized capital improvement. It is preferred that this be reported in an Addendum to the appraisal report; however, there is no specific requirement to how this is reported. It is only required that each capital improvement be listed and valued individually. No “lump sum” values involving more than one capital improvement will be accepted. If it is found that no capital improvements have been added since the loan origination, then a statement disclosing this is necessary.

Rural Development does not have a required method in developing the contributory value of each capital improvement; it is only required the appraiser utilize recognized methods and techniques. This can include value(s) based on a paired sales analysis, depreciated cost, etc; however, a summarized discussion explaining how the value was developed is required. Simply stating a value without summarizing the rational or reasoning will not be accepted.

APPRAISAL REPORT REVIEW/INSPECTIONS

(a) The COR shall inspect the appraisal and complete the review within seven (7) calendar days of the date the appraisal was received and shall determine whether or not the appraisal has…