Combined_Synopsis_Solicitation_-_TSC.pdf

COMBINED SYNOPSIS/SOLICITATION IAW FAR 12.6

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number for this procurement is AG- 2B46-S-16-0002 is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2001-13. This procurement is set-aside 100% for small business and falls under North American Industry Classification System (NAICS) classification 541191 – Title Abstract and Settlement Offices

The Government intends to issue multiple awards (one award per property) supporting the NRCS State Office in Gainesville, Florida.

The government plans to award based on the following criteria.

- Lowest price/technically acceptable

SOURCE SELECTION CRITERIA – NON PRICE FACTORS:

- Vendor must be a small business and be able to provide certification

- Vendor must be licensed in the State of Florida

- Vendor must have five years of past performance with the Federal Government under NAICS code previously provided above.

- Vendor must have a SAM.GOV registration

DUE DATE:

All quotations are due February 5, 2016, no later than 4 p.m. and must be addressed to Mr.

Scott Crist (Contracting Officer – Indiana) via e-mail at scott.crist@wdc.usda.gov.

Questions may be raised by sending an e-mail to scott.crist@wdc.usda.gov. However, please include the following in the subject line of the e-mail. Failure to send e-mails without the following subject line may be sent to junk mail and therefore, no response may be received.

Solicitation AG-2B46-S-16-0002 – Title Abstract and Settlement Offices

The following addenda also apply. Offeror’s must read and follow these additional instructions to receive consideration:

a. RFQ should be submitted and shall contain the following information:

SOLICITATION NUMBER; NAME; ADDRESS; TELEPHONE NUMBER OF

OFFEROR; PRICE, ANY DISCOUNT TERMS AND ACKNOWLEDGEMENT OF

mailto:scott.crist@wdc.usda.gov mailto:scott.crist@wdc.usda.gov

ALL SOLICITATION AMENDMENTS. Quotes must indicate three prices per property (Title Search, Title Update and Closing Services) with a sum of all listed on front cover of quote. E-mail submissions are acceptable. Offeror’s that fail to furnish the required information, or reject the terms and conditions of the solicitation may be excluded from consideration. EVALUATION/AWARD:

IAW FAR 52.212-2, Evaluation-Commercial Items. All offeror’s MUST BE

REGISTERED IN SAM.GOV.

b. System for Award Management (SAM) Registration

All Contractors must be registered in the System for Award Management, or SAM prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of quotes, registration in SAM, to include completion of the Representations and Certifications, and having a status of “Active” is required BEFORE submitting a quote. For information regarding registration visit www.sam.gov.

c. Technical Proposal

Offeror’s should submit a written narrative that thoroughly addresses all non-price evaluation factors listed in section above. In addition, the narrative should adequately describe the Offeror’s plan for executing the work, including resources and personnel available to meet the required timelines. If subcontractors are proposed, the technical proposal should also address qualifications and experience for the proposed subcontractors, including details of past partnerships between the prime and subs, and the prime’s experience and plan for managing subcontractors.

The narrative should be supported by evidence that gives credibility to the statements made by the Offeror and in turn gives the Government enough information to understand and gain confidence in what the Offeror is stating. The narrative should be no longer than 5 pages.

d. Payment

Payments will be made by electronic funds transfer (EFT) using IPP (https://www.ipp.fms.treas.gov/).

http://www.sam.gov/ https://www.ipp.fms.treas.gov/

CONTRACT CLAUSES

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

Executive Orders -- Commercial Items (Aug 2011)

(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)).

____ Alternate I (AUG 2007) of 52.222-50 (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.] _X__ (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).

_X__ (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).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (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).

_X__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

_X__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).

___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

___ (9) 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).

___ (10) [Reserved] ___ (11) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

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

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

___ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

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

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

___ (17) (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).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (18) 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).

___ (19) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

___ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

___ (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

_X__ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X__ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

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

_X__ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (32) 52.222-54, Employment Eligibility Verification (Jan 2009).

(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.)

___ (33) (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.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (35) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (36) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513).

_ __ (37) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C.

10a-10d).

___ (38) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (40) 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).

___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

___ (43) 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)).

___ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (46) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

_X__ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C.

3332).

_X__ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

___ (49) (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).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(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.]

_X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C.

351, et seq.). See 52.222-49 below for applicability _X__ (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.).

_X__ (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.).

_X__ (5) 52.222-49, (May 2014) Service Contract Labor Standards – Place of Performance is unknown as prescribed in FAR 22.1006 (f) ___ (6) 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.).

___ (7) 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.).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (9) 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)).

___ Alternate I (Aug 2007) of 52.222-50 (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 (Jan 2009).

(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.

AGAR 452.224-70 Confidentiality of Information (FEB 1988)

(a) Confidential information, as used in this clause, means --

(1) Information or data of a personal nature, proprietary about an individual or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.

Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

452.204-71 PERSONAL IDENTITY VERICATION OF CONTRACTOR EMPLOYEES

(Oct 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from 8:30am Monday-Friday to 3:00PMMonday - Friday) at 451 West Street, Amherst MA 01002.

The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

(End of clause)

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 –

(1) 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. Attachment 1 AGAR Advisory 104 Attachment 1, AGAR Advisory 104

(2) (i) 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.

(ii) 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.

(3) 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)

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 –

(1) 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

(2) 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 Attachment 1 AGAR Advisory 104 Attachment 1, AGAR Advisory 104 Page 4 of 4 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-NRCS 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)

Scope of Work for Title Search and Closing Services for NRCS Florida Agricultural Conservation Easement Programs

A. OBJECTIVE

The objective of this contract is to obtain title search, preliminary title commitment, final title policy, and closing services for acquisitions of conservation easements in the State of Florida on behalf of the United States of America, acting by and through the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture (USDA), pursuant to Title II of the Agricultural Act of 2014 (Public Law 113-79).

B. BACKGROUND

The Agricultural Conservation Easement Programs (ACEP) authorizes the acquisition of easement rights from willing landowners. NRCS is the lead USDA agency that is charged with administering those programs.

1. SCOPE OF SERVICES

The objective of this contract is to obtain title search and closing services for acquisition of property easements throughout the state of Florida in support of the National Resource Conservation Service (NRCS) Agricultural Conservation Easement Programs, including obtaining title insurance from a title company approved/certified in the State of Florida by the United States Attorney General. The Contractor will perform the same closing services as in a commercial transaction, including the following:

• Obtaining and updating chain(s) of title, including copies of all instruments that created rights, interests, or encumbrances on the property

• Providing preliminary title commitments and issuing final title insurance policies

• Providing easement boundary and ingress and egress descriptions

• Working with landowners to clear exceptions on title to the property

• Obtaining signatures on Warranty Easement Deeds

• Any necessary curative instruments to assure merchantable insurable title in the name of the United States of America to the wetland easement

• Disbursement of funds at closing

• Closing Protection Letter in favor of the United States of America

• Other services, as necessary, to finalize easement transactions.

The closing services will be performed in the county courthouse of the county in which the ACEP easement is located, unless the Contractor, NRCS and the landowner mutually agree to a different location.

2. STANDARDS AND RESPONSIBILITIES

The Contractor is responsible for having current knowledge of the requirements of Florida state law in connection with closing real estate transactions and title clearance. The title insurance company must be on the United States Attorney General's list of approved companies and must comply with all state laws, including title insurance reserves requirements. The Contractor must be an approved agent licensed to do title insurance business in the State of Florida. The title insurance company must be approved by the State Insurance Commissioner.

The Contractor will provide evidence of liability insurance coverage for errors and omissions in the amount of at least $1,000,000 and fidelity coverage of at least $500,000 on each individual who will have access to the ACEP funds or provide an indemnification agreement from the title insurance for which the Contractor will close the transaction(s) satisfactory to the NRCS providing for reimbursement to NRCS for any loss caused by fraud or dishonesty or failure by the attorneys, agents, or employees of the Contractor to comply with NRCS' written closing instructions. The ALTA Closing Protection Letter Revised 3/27/87 is satisfactory to meet this condition of responsibility. Evidence of liability must be provided prior to contract.

3. DESCRIPTION OF SERVICES

A Class D-Boundary survey will be provided to the contractor within sixty-five (65) business days of contract. Once the survey is received, the Contractor must obtain the Commitment for Title Insurance. The Contractor shall provide title insurance covering both the easement area and the access area to and from the easement and must commit to issuing the final title policy to the "United States of America, by and through the Secretary of Agriculture" on the ALTA U.S. Policy Form 9/28/91(revised 12/2/12) (form included as Attachment 2 to this solicitation). The name of the insured on the policy should read: United States of America

The title search will be for a sufficient period of time for the title company to insure the title without objectionable exceptions, and will determine all owners of record, outstanding mortgages, liens, judgments, or pending suits, outstanding tax claims, easements or rights of ways of any type, whether oil, gas, and mineral interests have been severed, and any other exceptions that may cloud the title of the easement to be purchased. Title search services and title commitment must be provided within 30 days after receipt of order hereinafter referred to as ARO. The contractor will be provided with the name and address of the landowner, a copy of the vesting deed, a location map of proposed easement area, and access.

The Contractor will be required to obtain the execution and recordation, as needed, of such items as Warranty Easement Deed, other deeds, releases, full or partial satisfactions of mortgages, subordinations, lien waivers, affidavits of materialmen liens, child support, and various types of releases of encumbrances on the property.

Upon completion, the Contractor will forward the following documents to the Contracting Officer no later than 10 days from receipt of the boundary survey:

• Warranty Easement Deed

• Subordination Agreements, if applicable

• Survey, original and one copy for local District Conservationist (DC)

• Title Commitment, original and one copy for DC

• Other documentation as required.

The Contractor will also include a copy of the invoice for the title insurance premium.

Upon receipt of the required documents, NRCS will obtain from its Office of General Counsel (OGC) a Preliminary Title Opinion (PTO) which will set out any exceptions to the title. OGC will determine which exceptions are acceptable and which exceptions must be cured.

NRCS will send closing instructions with the PTO to the contractor. Note, Closing Title Attorney is not required to be present at time of closing within the State of Florida. The contractor is required to close within 30 business days after receipt of the PTO and closing instructions letter from NRCS, and the clearance of any title issues required by the PTO. The closing services will be performed in the town office of the town in which the easement is located, unless the contractor and landowner agree to a different location. The contractor will not close any transaction or record deeds or other instruments prior to receiving the PTO and closing instructions letter.

At this time, NRCS will process the landowner's easement payment along with payment for the title insurance expense and documentary stamp tax expense.

Upon receipt of the PTO, the Contractor will be required to close the transaction in the county courthouse in which the property is located or at a place mutually satisfactory to the Contractor and landowner within ten (10) business days of receipt of payments. The Contractor will not close any transaction until funds are received. The Contractor will close the transaction, record the deeds and other instruments as necessary and ensure that the following have occurred:

• No new encumbrances have been recorded against the subject property since the date of the title commitment.

• Receipt, execution, and recordation of the Warranty Easement Deed from the landowner.

• Delivery of the policy of title insurance referred to below.

• All exceptions required to be removed, released, subordinated, waived or otherwise handled as set forth in the Preliminary Title Opinion from the Office of the General Counsel have been completed and the applicable clearance documents recorded. Complete the closing checklist from OGC.

• All taxes, assessments, etc., are paid to the date that the Warranty Easement

Deed is recorded.

• A Final Title Policy has been issued in an insured amount which is the same as the consideration paid for the easement. The Final Title Policy shall be accomplished on ALTA U.S. Policy Form 9/28/91(revised 12/2/12) and will be issued by a title insurance company that is on the Attorney General's approved list.

• Comply with any listed title commitment or binder requirements.

• Prepare/submit IRS Form 1099-S for all easement payments.

• Closing Protection Letter in favor of the United States of America

If any new encumbrances have been recorded against the subject property since the date of the title commitment, the Contractor will immediately notify the Contracting Officer (CO) and will not proceed until further instructions are received.

Upon completion of the closing, the Contractor will send to NRCS the ALTA U.S.

Policy Form 9/28/91(revised 12/2/12), naming the United States of America as the insured, in the amount of the purchase price as of the date and time of recording of the Warranty Easement Deed to the United States of America. The policy of title insurance will be free and clear of any and all encumbrances (exceptions) to the title except those shown as acceptable in the OGC Preliminary Opinion. At the time of closing, the Contractor will provide a Settlement Statement to the landowner, in the form similar to HUD-1 (8-87) RESPA, HB 4305.2.

The Contractor will return the package to the Contracting Officer within thirty

(30) business days following closing. The package shall include the following:

1. The invoice covering the agreed upon closing cost.

2. Policy of title insurance (original and one copy).

3. The original recorded copy and one copy of the Warranty Easement Deed to the United States of America.

4. The original and (one copy to landowner) of the settlement statement.

5. Certified copies of any title clearance documents showing the recordation date.

4. DELIVERY

Title Search – 30 days after ARO Title Update – 30 days after notice to proceed from NRCS Closing – 30 days after notice to proceed from NRCS to include receipt of final deliverables.

5. PAYMENTS

Payments will be made by electronic funds transfer (EFT) using IPP (https://www.ipp.fms.treas.gov/). Contractor must register and obtain a registration in contract to get paid.

6. CONFLICT OF INTEREST

A contractor will not close on an easement purchase for a spouse, children, partners or business associates, nor have a financial interest in the real estate to be covered by the proposed easement. The contractor is responsible for notifying the Contracting Officer as soon as a potential conflict of interest is identified.

7. AUTHORITY

Only the NRCS Contracting Officer may authorize a modification to this contract. Any questions may be directed to the Contracting Officer.

8. NONDISCLOSURE

Work performance required by this scope of work will involve access to potentially sensitive information about governmental and landowner issues. All contractor personnel must comply with the terms of the AGAR 452.224-70, "Confidentiality of Information," as well as provisions of the Privacy Act of 1974, 5 U.S.C. Section 552a.

Additionally, the contractor's employees must comply with the requirement for privacy of personal information relating to natural resources conservation programs, in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171).

9. CIVIL RIGHTS AND PROGRAM DELIVERY

By signing this agreement, the contractor assures the Department of Agriculture that the program activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and polices.

https://www.ipp.fms.treas.gov/

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)