S01 RFQ Kansas Title Services Amend 0001 Q and R.pdf

United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Kansas State Office Preliminary Title Search, Title Commitment, & Closing Services for

Agricultural Conservation Easement Programs

SOLICITATION # 12FPC124Q0064

AMENDMENT 0001

Amendment 0001 provides amended solicitation and implements Government responses to questions.

1. Question 1: Please confirm whether the services in this solicitation are for “Kansas” or “Nebraska”.

Response 1: Services are for Kansas. Revised solicitation has corrected all references to Nebraska.

2. Question 2: Are the counties listed in J.1 Price Schedule the only counties needing work done?

Response 2: Yes

3. Question 3: Does the Agency have an estimate or forecast on the amount of easement title/closing files that it completes each year? According to Section J.1, there appears only to be 7 items listed but confirming if there are any others?

Response 3: No other title/closings are included in solicitation and subsequent award than those listed in J.1.

4. Question 4: Will the Agency provide a pricing sheet that complies with the description of services as outlined in Section C.4 of the solicitation? According to Section J.1 Price Schedule, Attachment A, this lists 7 properties but doesn’t list the purchase price or the steps as outlined in Section C.4?

Response 4: See J.1 Price Schedule Revised which includes Acquisition Cost for each property.

5. Question 5: Will the Agency authorize invoicing for each deliverable, i.e. after the contractor submits the approved preliminary title commitment; will the Agency authorize payment for this deliverable?

Similarly, after the updated title commitment, then closing services, then issuance of the ALTA US Policy?

Response 5: G.2.1 provides that up to three (3) separate payments (Preliminary Title Search, Title Commitment, and Closing Services) may be made for each real property listed on price schedule.

6. Question 6: According to the solicitation Section C.4.2.1, “NRCS shall provide Contractor with available surveys and preliminary title search upon award”; can the Agency confirm if all 7 properties will be closing?

Response 6: All seven (7) landowners are in agreement phase but there is no guarantee that all properties will close.

7. Question 7: Confirming when does NRCS provide the Contractor’s commitment in order for the Landowner to start working on satisfying requirements in prep for closing? Specifically, according to the solicitation Section C.4.2.6, it appears that the contractor’s updated commitment is forwarded to USDA OGC, who then issues a PTO then the Contractor can “communicate with NRCS and landowner, proper procedure(s) for landowner to clear exceptions and obtain execution of documents such as releases, subordinations, full or partial satisfaction for mortgages, lien waivers, affidavits of materialmen’s liens, and other types of releases of encumbrances on property.” Then the solicitation Section C.4.2.7 states that “Contractor shall provide final title commitment to Government POC at A.5.1 within seven (7) business days of receipt of documented encumbrances from county recorder’s office.” This section makes it appear that the contractor is providing 3 commitments, i.e. initially we prepare a preliminary title commitment, then we prepare an updated title commitment when we receive the survey which lists all of the requirements to close; then we receive USDA OGC’s PTO and then we issue a third title commitment within 7 days of receipt of the “documented encumbrances”;

which I believe the Agency means the “satisfaction or release of encumbrances”. Please confirm again if the Agency wants 3 title commitments and clarifying “satisfaction or release of encumbrances” rather than “documented encumbrances” as stated in Section C .4.2.7 of the solicitation.

Response 7: See updated section C.4 DESCRIPTION OF SERVICES, for corrected processes. See corrected J.1 Price Schedule Revised for property details annotated with additional information as follows: Three (3) properties have completed surveys that will be provided upon award; One (1) property has a pending survey that will be provided to Contractor once completed; and Three (3) remaining properties have do NOT have completed surveys. Outstanding surveys for these properties will be completed and provided to Contractor 1st quarter of 2025. Contractors shall price properties requiring a new Preliminary Title Search on J.1 Price Schedule Revised. Contractors shall prepare Title Commitments detailed in C.4.4 for all seven (7) properties.

8. Question 8: Confirming if the Deliverables Section C.5.2 is correct to only require 2 items?

Specifically, item # 1 says an “update preliminary title search / preliminary title commitment” within 7 business days. Confirming what exactly the Agency is providing in their preliminary title search, i.e.

is this simply the Vesting or Ownership Deed or is this a title search in accordance with the 2016 DOJ Title Standards?

Response 8: Deliverables section has been updated to accommodate three (3) potential deliverables. NRCS will provide Contractor with prior completed Preliminary Title Searches upon award.

9. Question 9: Confirming if the Deliverables Section C.5.2 is correct in only listing the second item as “Closing Services”? The reason I mention this is that the title insurance premium vacillates based on the purchase price. If so, where is the reimbursable costs of the recording costs and the title insurance premium to the state?

Response 9: J.1 Price Schedule Revised has been updated to include fees for closing services.

10. Question 10: Confirming if Section C.6 Closing Agent Qualification is correct as there are references to “up-to-date knowledge of requirements of State of Nebraska law” however these transactions are subject to Kansas law.

Response 10: See response for Question 1.

11. Question 11: Will the government please clarify if there is an incumbent providing service on this contract or is this level of effort a new need?

Response 11: This is a new effort and no incumbent contractor exists.

12. Question 12: Section C.4.1 states that title searches have been completed for all seven (7) parcels in question.

a. When were these searches completed? Please provide completion dates for each search.

b. Will the government provide copies of the reports/commitments that were completed in advance of the award so that an offeror can evaluate them for pricing purposes for this quote?

c. Typically a title insurance underwriter will not allow an agent to issue a policy on a parcel where it did not perform the initial title search. Should the government reconsider its requirements and include the possibility of a new search needing to be performed?

Response 12:

a. Preliminary Title Searches are completed for six (6) of seven (7) real properties. One (1) property has a pending survey and an incomplete Preliminary Title Search. See J.1 Price Schedule Revised for details.

b. Information will be provided to Awardee and will not be provided at this time.

c. Contractors shall provide pricing for Preliminary Title Searches for properties that require a new Preliminary Title Search.

13. Question 13: Section C.4.2.1 states that the contractor must make contact with the county recorders office within seven (7) business days. What is the purpose of this contact? Typically, the contact with the county recorders office happens at closing.

Response 13: Paragraph has been deleted. Review Section C.4 for all incorporated changes.

14. Question 14: Section 4.2.3 states that the government will provide the easement acquisition values to the contractor. Please provide the easement acquisition values so that the pricing schedule can reflect the appropriate premium cost in the quote for each acquisition.

Response 14: Values have been provided on J.1 Price Schedule Revised.

15. Question 15: Section 4.2.7 states that the final commitment should be delivered within seven (7) business days of receipt by the county recorder’s office.

a. Typically updates to title commitments take at least ten (10) business days or longer. Would the government consider revising the delivery date?

b. Typically updates to title commitments are performed by the contractor updating its own search. Why would the county recorder’s office be delivering copies of documents?

Response 15:

a. Paragraph has been updated and is numbered C.4.4.5. Timeframe is updated to allow up to 15 business days.

b. C.4.4.5 has been replaced with new requirements and details.

16. Question 16: Section 4.3 addresses Closing Services. Typically a Closing Protection Letter (CPL) is requested between the time the Title Commitment is submitted and the closing instructions are issued. Will a CPL be required on this contract as it must be priced and included in the quote?

Response 16: Yes, a CPL is required, see J.1 Price Schedule Revised.

17. Question 17: Section 4.3.2 states that the updated Title Commitment must be delivered within 14 (fourteen) business days. What exactly is the delivery date for an updated Title Commitment?

Response 17: Section C.4.4.5 states Title Commitment must be provided to Government POC at A.5.1 within 15 business days of receiving survey description of easement area, access description for ingress and egress and easement purchase price from NRCS.

18. Question 18: Section 4.3.8.4 addresses subordination agreements. Typically NRCS prepares the subordination agreements and sends them to the seller to obtain the proper signatures. Who prepares the subordination agreements for this contract?

Response 18: NRCS will prepare subordinations agreements and send agreements to title company.

Instructions will be included in NRCS provided closing instructions.

19. Question 19: Section 4.3.9 states that the contractor must obtain the NRCS signatures on the WED. Typically, the government sends the original WED to the contractor with the Acceptance by Grantee page already executed by the State Conservationist. What is the procedure/logistics for a contractor to obtain the NRCS signature on the WED in this contract?

Response 19: Review section C.4.5 Closing Services for procedures.

20. Question 20: Section G.2 outlines the payment process and states that two payments are to be made. Section J.1 Attachment A - Pricing Schedule shows only one price per easement acquisition.

a. Can the Pricing Schedule be modified to reflect the two payments to be made?

b. What if more than one update is needed? How is that to be priced?

Response 20:

a. See J.1 Price Schedule Updated.

b. See update at section G.2 that allows for up to three (3) payments (Preliminary Title Search, Title Commitment, and Closing Services).

(End of Questions and Responses)