TX_Exclusive_Broker_SOW_Rev.docx

NOTE: SF-1449 (Solicitation/Contract/Order for Commercial Items) is Page 1 & 2 of the solicitation/contract packet.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BACKGROUND

Through the servicing of its’ portfolio, the U.S. Department of Agriculture, Rural Development (RD) from time to time may acquire commercial properties as a result of its servicing actions, with the end result being fee title to the property being vested as USDA. Periodically, the Government relies upon the services of exclusive brokers to assist the individual efforts of RD personnel to market these properties.

This Statement of Work lays out the requirements of an exclusive broker and the exclusive broker’s responsibility for marketing said property (ies). The expectation is that the exclusive broker will provide improved marketing and assist RD in the timely sale of the property. The exclusive broker may be referred to herein as “Broker” or “Contractor”.

B.2 DESCRIPTION

USDA RD is seeking commercial real estate brokerage services to assist in the marketing and sale of a 25 double occupancy (50-bed) health care facility located in Matador, Texas and constructed in 2007. The facility is approximately 25,800 square feet, sits on approximately five (5) acres, and has been vacant since October 2011. Refer to Attachment A for exterior pictures of the facility.

The Government is seeking to recognize the highest possible net financial proceeds from sale of said property on or before July 31, 2013.

The Contractor shall furnish the necessary personnel, material, equipment, services, travel, and facilities to perform the services described herein to sell the property located at:

Hackberry Creek Care Center 805 Harrison Avenue Matador, TX 79244 The Contractor must be licensed to engage in the business of selling commercial real property in the State of Texas and must comply with the Texas Real Estate License Act.

B.3 TYPE OF CONTRACT

The Government contemplates award of a Fixed Price contract. The Contractor shall indicate a firm fixed price (commission percentage) for services defined in Section C, Statement of Work/Scope of Work.

B.4 PRICING/COSTS

CLIN

(a)

DESCRIPTION

(b)

QUAN.

( c)

UNIT

(d)

PER UNIT PRICE

( e)

TOTAL COST

(f)

NOTE: Offeror to complete items e & f above.

SECTION C

DESCRIPTION/WORK STATEMENT

C.1 BACKGROUND

The United States Department of Agriculture, through Rural Development (RD), has a need for exclusive real estate services to assist in the marketing and sale of a 25 double occupancy (50-bed) health care facility located in Matador, Texas as identified in Section B.2 above.

C.2 SPECIFIC CONTRACTOR REQUIREMENTS

a. Marketing, Advertising, and Reporting: The Contractor shall

(1) Actively market the property and be responsible for the production, placement, distribution, and cost of all advertising, signage, promotional material, web-postings, and all other marketing activities for the property.

(2) Advertise listed property, at his/her sole expense, at least once weekly. The advertising must be sufficient to cover the market area and adequately promote the property. The Broker shall not identify Rural Development in any advertisements (i.e. Internet and newspaper). A copy of the advertisements shall be provided to the RD Community Programs Director in Temple, Texas within 1 week after publication, and shall be mailed to:

USDA Rural Development ATTN: Michael Canales, Director CP 101 South Main; Suite 102 Temple, TX 76501 michael.canales@tx.usda.gov

(3) Submit a bi-weekly report to the RD Community Programs Director indicated above via email. The report shall provide –

(a) An outline of all marketing activities during the reporting period,

(b) A list by name of all prospective buyers contacted and/or shown the property during the reporting period, and

(c) A detailed narrative of any offers received or negotiations undertaken during the reporting period, along with copies of all documents received from the prospective buyer.

Leon Carey, Area Director 6565 Amarillo Blvd W., Ste. C Amarillo, TX 79106 Office: (806) 468-8600 Ext 4 Cell: (806) 252-3580

(1) The commission will only be due and payable at the time a sales transaction is closed and title has passed to the purchaser.

The Contractor and its employees shall maintain the strictest confidences with regard to their performance of the requirements outlined in this contract. Matters which the Contractor shall consider confidential include, but shall not be limited to:

a. All reports and information provided by RD in support of the Contractor’s performance under the contract;

b. Any negotiations undertaken by the Contractor pursuant to RD’s request;

c. Internal asking prices;

d. Appraised and fair market values of the property other than publicized prices;

e. The terms and conditions of any sales agreement negotiated between the RD and prospective purchaser, whether or not the sale was completed.

The Contractor shall not divulge confidential or proprietary information in whole or in part to any party unless prior written consent is obtained from RD. The Contractor shall take all necessary steps to insure that employees of the Contractor and its affiliates refrain from divulging confidential information except as herein permitted.

SECTION E

INSPECTION AND ACCEPTANCE

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

f. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

E.2 INPECTION AND ACCEPTANCE -- SERVICES

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer’s Point of Contact (POC).

SECTION F

DELIVERIES OR PERFORMANCE

F.1 DELIVERABLES

Sale brokerage services must be provided so that sale of the property identified in Section B.1 is completed on or before July 31, 2013.

F.2 PERIOD OF PERFORMANCE

This contract shall be effective on the date of the Contracting officer’s signature AND issuance of the notice to proceed, and shall remain in effect until the property sells, OR September 30, 2013, whichever occurs later. However, the Government reserves the right to extend the contract for an additional 90 days, subject to reports received from the Contractor justifying the need for extension, concurrence of USDA legal opinion, and the availability of funding.

F.2 NOTICE OF DELAY

The services set forth in Section C are critical elements for USDA RD’s program mission requirements. As such, contractor performance and on-time delivery of the services addressed in this contract are of utmost importance. In the event the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause delays which the Contractor believes may result in late delivery, the Contractor shall immediately notify the Contracting Officer’s POC within no more than three (3) days following knowledge of the possible delay. Revisions to the approved time schedule shall only be made with approval of the Contracting Officer (CO).

F.3 NOTICE TO PROCEED

The only work authorized under this contract is that which is performed after receipt of an electronic or written Notice to Proceed (NTP) from the CO. A written NTP may be transmitted to the Contractor by facsimile or email.

SECTION G

CONTRACT ADMINISTRATION DATA

Telephone Number: 254.742.9738 Facsimile Number: 254.742.9753 E-mail: darlene.fikes@tx.usda.gov

Contracting Officer’s

The Government shall pay the Contractor, upon the submission of a proper invoice, the price stipulated in this contract for services rendered and accepted, less any deductions provided in this contract.

(1) Name and address of the Contractor

(2) Date of invoice

(3) Invoice Number

(4) Remittance contact information

(5) Payment terms

(6) Invoice amount

(7) Contract number

(8) Description of services rendered

(9) Contractor signature

G.4 RELEASE OF CLAIMS

The Contractor shall execute a “Contractor’s Release of Claims Certificate” at the time of contract closeout.

b. The POC will be determined at the time of contract award.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 SAFEGUARDING OF INFORMATION

The Contractor and it employees and affiliates, as applicable, shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except to the extent necessary to perform their required duties in the performance of the contract requirements or as provided by written authorization of the Contracting Officer (CO). All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film, or photograph concerning any aspect of the work performed under this contract shall be published or disseminated through any media without the prior written authorization of the CO. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in any subcontract hereunder.

H.2 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed CO. Only a duly appointed CO is authorized to change the specifications, terms, and/or conditions of this contract.

SECTION I

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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

(1) 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.

(2) The Offeror represents that –

(a) 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 (b) through (d) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(b) 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.

(c) 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.

(d) 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

52.203-3 Gratuities (APR 1984)

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

52.242-17 Government Delay of Work (APR 1984)

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

ADDITIONAL CLAUSES THAT APPLY WHEN APPLICABLE:

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

ADDITIONAL CLAUSES APPLICABLE TO CONTRACTS WITH INDIVIDUALS

52.223-6 Drug-Free Workplace (MAY 2001)

SERVICES - ADDITIONAL CLAUSES APPLICABLE TO PURCHASE OF SERVICES:

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

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

52.242-14 Suspension of Work (APR 1984)

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

52.237-3 Continuity of Services (JAN 1991)

I.6 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 contract.

(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 proposals is 2:00 p.m. Central Time.

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

(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.

I.10 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (AUG 2012)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ (11) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e)

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

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

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

(iii) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause) I.11 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)

I.12 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 1 Year. (End of Clause)

SECTION J

LIST OF ATTACHMENTS

Attachment A – Photos of exterior of property (2 pages) Attachment B – Standard Sales Contract (4 pages)

SECTION K

REPERSENTATIONS, CERTIFICATION, AND OTHER STATEMENTS OF OFFERORS

K.1 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 via https://www.acquisition.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 www.sam.gov ).

SECTION L

TECHNICAL PROPOSAL REQUIREMENTS

L.1 TECHNICAL PROPOSAL.

The Offeror shall submit an original and one (1) copy of their technical proposal, which shall be separate from the price proposal and shall be labeled “Technical Proposal”.

The technical proposal shall provide the information requested in the sequence indicated below in order to ensure a complete and fair technical evaluation using the corresponding criteria stated in Section M. Simply repeating or paraphrasing the requirements noted below or in the Statement of Work (i.e., stating that the Offeror can and/or will meet any of the requirements without a supporting description of how the work will be done) may result in a less-than-acceptable overall rating.

(b) Evidence of a Quality Assurance Plan: Procedures and the firm’s approach to ensuring quality in service delivery including items such as quality assurance measurements and customer service. Shows how it would monitor customer satisfaction.

(c) Ability to address and anticipate potential problem areas. Shows a creativity and feasibility of solutions to contract problems and what was done to rectify it. Shows what future integration of new processes and technology enhancement it has made to make its company more competitive with the market.

(d) Full understanding in the proposal of how it intends to employ and hire personnel for this type of contract. The Contractor must list the professional affiliates, as applicable, with which its company has formal affiliations or partnerships, and describe its company’s active involvement;

(e) Describe quality and effectiveness of the allocation of its company’s personnel and resources. Explain the management structure within the Contractor’s organization as applied to this contract. Identify the key point(s) of contact.

NOTE:

1. In evaluating the Offeror’s past performance, the Government may use past performance information obtained from sources other than those identified by the Offeror. If the Government obtains any past performance information that is considered unfavorable, the Offeror will have an opportunity to address such information in a final proposal revision (if one is requested).

2. Pursuant to FAR 15.305(a)(2)(iv), in the case of an Offeror without a record of relevant past performance or for who information on past performance is not available, the Offeror will receive a neutral rating (neither favorable nor unfavorable) on its past performance.

3. If an Offeror believes that any unfavorable information may be provided as a part of the reference check process, the Offeror should include a brief explanation of the circumstances pertaining to this data and the Offeror’s position in reference to these circumstances. If appropriate, the Offeror should indicate what steps have been included in this offer or will be taken to prevent a recurrence of such situations in the event it is awarded a contract.

4. Offerors are advised that the past performance information requested above may be discussed with the customer personnel. In addition, personnel referenced may be asked to comment specifically on the Offeror’s:

· Quality of services provided, timeliness of performance, and cost control;

· Compliance with contract terms and conditions;

· Effectiveness of management;

· Willingness to cooperate with, and assist, the customer in routine matters as well as when confronted by unexpected difficulties; and

· Business integrity/business conduct.

5. Offerors are requested to ensure that the contact information provided to the Government is current and accurate by verifying phone numbers and addresses prior to submission. Offerors are also encouraged to give written authorization to their listed private sector references to provide past performance information to the Government.

L.2 PRICE PROPOSAL

(a) The Offeror shall submit an original and one (1) copy of their price proposal to reflect their commission rate.

(b) Use of the Form – The Proposal Form (Standard Form 1449), is to be executed fully and used as the cover sheet (or first page) of the price proposal.

(c) SECTION K – Complete and return with price proposal.

(d) Signature Authority – The person signing the Proposal Form must have the authority to commit the Offeror to all of the provisions of the proposal, fully recognizing that the Government has the right, by terms of the solicitation, to make an award without further discussions if it so elects.

(e) The Government will perform such proposal analysis as may be required by FAR Part 15.404.

SECTION M

EVALUATON FACTORS FOR AWARD

M.1 Basis for Award The Government will make award to the responsible Offeror(s) whose offer conforms to the requirements of the solicitation and is evaluated as being the most advantageous to the Government, cost or price and other factors considered. For this solicitation, technical merit is more important than cost or price. Award will not be automatically determined by numerical calculation or formula relationship between cost or price and technical merit. As technical merit of the Offerors’ proposals become more equal, the evaluated cost or price may become the determining factor. The Contracting Officer shall determine what trade-off between technical merit and cost or price promises the greatest value to the Government, cost or price and other factors considered.

M.2 Awards The Government reserves the right to award a contract without holding discussions. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contractor Officer as necessary.

M.3 Technical Proposal Evaluation Factors Proposals will be evaluated based on the following technical evaluation factors that are listed in descending order of importance:

Technical Factor 1: Management Approach and Technical Capabilities Technical Factor 2: Key Personnel Qualification and Organizational Experience Technical Factor 3: Offeror’s Relevant Past Performance

M.3.1 Technical Factor 1: Management Approach and Technical Capabilities The Government will evaluate the extent to which the Offeror’s proposed information addresses and demonstrates a high probability of successfully performing as outlined in L.1 with minimal risks to the Government.

M.3.1 Technical Factor 2: Key Personnel Qualification and Organizational Experience The Government will evaluate the extent to which the Offeror demonstrates substantial experience in performing the same or similar services in type, scope, and complexity as required by this solicitation. This includes verifiable qualification of key personnel, including relevant prior personnel experience.

M.3.1 Technical Factor 3: Offeror’s Relevant Past Performance The Government will evaluate the extent to which the Offeror’s past performance record (as confirmed by references), on the same or substantially similar contract efforts, indicates the Offeror’s ability to perform the contract successfully with respect to:

· Quality of services provided, timeliness of performance, and cost control;

· Compliance with contract terms and conditions;

· Effectiveness of management;

· Willingness to cooperate with, and assist, the customer in routine matters as well as when confronted by unexpected difficulties; and

· Business integrity/business conduct.

NOTE: In the event that the Offer has no record of relevant past performance, the Offeror will be given a neutral rating.

M.4 Technical Proposal Summary Evaluation

Upon completion of the evaluation in accordance with the Technical Proposal Factors and Sub factors as described above, each Technical Proposal will receive an overall evaluation and summary adjectival rating as described in the following table:

Outstanding Exceeds RFP requirements and has high probability of satisfying the requirement(s); has no significant weaknesses.

Acceptable Meets RFP requirements; has good probability of satisfying the requirement(s); weaknesses can be readily corrected.

Unacceptable Fails to meet RFP requirements or has low probability of satisfying the requirement(s); contains significant weaknesses.