B.08.02 W9123721Q0012.pdf

SEE ADDENDUM

(No Collect Calls)

W9123721Q0012 14-Jan-2021

b. TELEPHONE NUMBER

304.399.5228

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 16 Feb 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912379. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANDREA C SKEAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, CONTRACTING DIVISION

ANDREA SKEAN, 502 8TH STREET

HUNTINGTON WV 25701

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

304-399-5281FAX:

TEL: 304-399-5228 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,000,000

NAICS:

541191

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF72

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9123721Q0012

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFERORS

This Request for Quote (RFQ) is for an Indefinite Delivery, Indefinite Quantity (IDIQ) Contract to provide all management, labor, supplies, materials and equipment necessary to perform Title Evidence Services For The Real Estate Division, US Army Corps Of Engineers, Huntington, WV. All work shall be performed in strict compliance with the attached Performance Work Statement (PWS) and all other terms, clauses and conditions incorporated herein. The base period for this contract will be from 1 March 2021 (approximate date) through 28 February 2022.

Simplified acquisition procedures for commercial services are being used in this procurement in accordance with FAR 13.500(c)(2).

Note: This solicitation contains an option clause to extend the awarded contract for up to four (4) additional one-year option periods. The one-year option periods are as follows:

Option Period 1: 1 March 2022 through 28 February 2023 Option Period 2: 1 March 2023 through 29 February 2024 Option Period 3: 1 March 2024 through 28 February 2025 Option Period 4: 1 March 2025 through 28 February 2026

A target of two (2) awards will be made from this RFQ. The Government intends to evaluate quotes and award contracts without discussions with offerors (See 52.212-1(g)).

This procurement is 100% set-aside for Small Business, under NAICS code 541191 ($12 million average annual receipts for the previous three years).

The Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor.

There is no bonding requirement for this procurement action.

Quotes will not be accepted for quantities less than the quantities specified in the price breakout schedule.

Failure to submit a unit price for all items listed (base period and option periods) will be considered as a material deviation from the requirements of the Request for Quote (RFQ) and the quote will be rejected.

Submit Offers to: Andrea Skean at andrea.c.skean@usace.army.mil

Quotes are due on the date and time identified on page 1 (box 8) of this solicitation. Only e-mailed offeros will be accepted. Mailed and fax offers will not be accepted.

For contractual/technical questions, please contract Andrea Skean at 304-399-5228 or by email at andrea.c.skean@usace.army.mil

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: www.vets.gov/ Federal veteran employment information: www.fedshirevets.gov/index.aspx Veterans’ Employment and Training Service (VETS): http://www.dol.gov/vets/ Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/ U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/e1-hireOurSoldiers.html Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes

Guide to Hiring Veterans:

https://obamawhitehouse.archives.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

EVALUATION CRITERIA

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The evaluation approach for all factors is as follows: The offer will be evaluated to determine the extent to which each requirement has been addressed (through strengths and/or weaknesses) in accordance with the terms and conditions listed in this solicitation.

The informal source selection evaluation board will assign adjectival ratings to each factor based upon the comments made during the evaluation process. These ratings for all factors except past performance are as follows: Outstanding, Good, Acceptable, Marginal and Unacceptable. To be considered for award, the offeror much receive a rating of no less than “marginal” for all of the technical factors. For evaluation of past performance, the ratings assigned can be the following: very relevant, relevant, somewhat relevant, not relevant, substantial confidence, satisfactory confidence, limited confidence, no confidence and unknown confidence (neutral). If an offeror has no recent/relevant performance record or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, it will receive a rating of “Neutral” for the factor.

Evaluation factors are listed in descending order of importance. Evaluation Factors A through C are equal in importance with Factors D and E being significantly less important. Thus, price is not expected to be the controlling factor in the selection of the offerors for this MATOC award. However, as the evaluated merit of competing technical quotes becomes more equal, total price and other price factors will become more important in the selection. Total price and other price factors could become the deciding factor for selection, depending upon whether the quote is the most advantageous to the Government and is determined to be worth the cost differential, if any. Non-price factors will be evaluated by the informal source selection evaluation board.

The following evaluation factors will be used to evaluate each quote. For each contract, award will be made to the contractor whose quote is most advantageous to the Government based upon an integrated assessment of the evaluation described below.

FACTOR A: Professionally Trained for Type of Work

The technical quote must clearly demonstrate the offeror’s full knowledge and understanding of the work outlined in the solicitation. Offeror must demonstrate it is a law firm or licensed attorney with the ability to provide title settlement/closing services and title insurance in the following jurisdiction: Dickenson and Buchanan Counties, Virginia. Offeror should indicate title work performed in West Virginia, Kentucky, Ohio and Virginia, title work performed for state agencies, and title work performed for federal agencies. Quote should include a list of references with whom the offeror has worked during the past five years. Include name of agency, address, telephone number and point of contact. Offeror shall indicate the title insurance company to be used.

FACTOR B: Capacity to Accomplish the Work in the Required Time

The quote must clearly demonstrate the number of preliminary titles the offeror has the ability to complete within the 45 calendar day time frame for the services required by the contract. This can be demonstrated by offeror’s showing what personnel and time can be devoted by the offeror and/or designated staff in accomplishing the required title work. Inquiries may be made from the references provided in Factor A above relative to the offeror’s ability to provide the work required on schedule.

FACTOR C: Qualifications and Capabilities of Personnel

The quote must include resumes of all personnel proposed to be used on this contract. The resumes should include the personnel’s experience working with the Government clearing title exceptions, modifying title exceptions by way of rider letters/revised commitment letters/endorsements and doing mineral titles and providing settlement services. The qualifications and experience of the personnel will be used in determining the successful offeror.

Therefore, the successful offeror must use only the personnel proposed for the required services including curative work with government counsel. Subcontracting to outside attorney’s or law firms will not be permitted. Use of contract abstractors to pull courthouse documents for in-house attorney’s review must be approved by Government counsel.

FACTOR D: Past Performance:

Past performance will be evaluated based on information from the Contractor Performance Assessment Reporting System (CPARS) and any credible, documented evaluations/reports. Additionally, the Government may seek other information by checking references to determine the offeror’s past performance in (but not limited to) the following criteria: Contractor’s safety record; Cooperativeness; Indebtedness; Compliance with Labor Laws; Timely response to administrative requirements; Willingness to negotiate; Attitude; Ethics and Professionalism. In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS), will be checked to determine if there are any records of adverse actions.

A list of references should be furnished who have knowledge of the offeror’s performance, current or completed within the past five years, including experience with the 2016 Regulations of the Attorney General Governing the Review and Approval of Title for Federal land Acquisitions, that may address offeror’s performance with this type work. Include contact full name and address, telephone number, email address, if available, and the dates, location, types of contracts, dollar values of the work.

The above factors may be applied as a method of evaluating the offeror’s past performance in accomplishing the Government's mission on past and current contracts.

NOTE: The Past Performance Questionnaire included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its quote for Factor D - Past Performance. Ensure correct phone numbers and email addresses are provided for the client point of contact.

If different from the client point of contact, also include the name and phone number of the Contracting Officer. Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment A), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/ references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Andrea Skean via email at andrea.c.skean@usace.army.mil no later than RFQ closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFQs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Also include performance recognition documents received within the last five years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

In addition to the above, the Government may review any other sources of information for evaluating past performance.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

Past performance provided will be evaluated on the relevancy of this information for the same or similar services specified in this solicitation. Relevancy, as it pertains to past performance information, is a measure of the extent of similarity between the effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the solicitation requirements contained in this solicitation.

Offerors are advised that, while they may submit past performance information on relevant efforts under subcontracts, the Government may be unable to obtain any qualitative information. The Government may not obtain information on all of the listed contract references and/or may not contact all of the identified POCs.

FACTOR E: Location in the general geographical area of the project to which the services relate

Offeror shall have its office(s) located within the general geographical area of the counties listed in the procurement and shall provide the approximate driving distance from its office location to the courthouses in both Dickenson and Buchanan Counties, Virginia.

*** 52.204-24 (d) IS REQUIRED TO BE FILLED IN AND SUBMITTED WITH YOUR OFFER.

PERFORMANCE WORK STATEMENT

DESCRIPTION/SPECIFICATIONS

FOR DELIVERY OF TITLE EVIDENCE

ESCROW SERVICES AND OPTIONAL CLOSING SERVICES

PART 1-GENERAL

1. WORK TO BE DONE. The work to be done under these specifications consists of furnishing and delivering Owner's Guarantee (Insurance) Policies or Certificates of Title and Continuations thereof in the form of preliminary, interim or final policies, certificates of title, interim binders, or endorsements, and escrow services as appropriate, for real property located in the Counties of Dickinson and Buchanan, Virginia or any other County in Virginia as agreed upon by the Government and Contractor as set forth on the Schedule to which these specifications are attached. Except where certificates are clearly referred to separately, all references hereinafter to "Policies" and "Continuations" shall apply to the forms of title evidence specified by said Schedule. Without regard, however, to the attached schedule, the preference for insuring documents is Policies and Preliminary Policies (or Certificates only where this is the prevailing local practice). The Government will not accept delivery of certificates except where the Contractor's title insurance company does not issue policies for any lands located in the state wherein the property to be insured lies.

Furthermore, the specifications include task orders for closing services at the Government’s direction.

Closing services means conducting the transaction to purchase a real estate interest pursuant to Department of Justice, Regulations Governing the Review of Title for Federal Land Acquisitions 2016. These regulations specify the qualifications of any Closing Agent handling a transaction, satisfaction of encumbrances and inspection of the premises in accordance with ER 405-1-11 2.10(g), updating the title in accordance with ER 405-1-11 2.10(f), and disbursement of funds. Closing services shall be ordered via Task Order by the Contracting Officer in concurrence with the Chief of Real Estate and Huntington District Counsel.

2. NOTIFICATION OF WORK TO BE DONE. DD Form 1449 shall be used to order the above Policies and Continuations in accordance with the specifications in this contract. This form may be referred to as a "Task Order." The Task Order will list those items from the price breakout schedule that are to be performed and delivered. A separate task order will be issued for each item(s) as needed.

3. QUANTITY OF WORK. The quantities listed in the price breakout schedule are approximate and are provided as information only to assist in preparation of the cost proposal. They are not guaranteed and the actual quantities may be more or less than shown. Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment. Award of a contract does not guarantee that the Government will require all of the items listed under the contract from the Contractor. The Government reserves the right to perform any portion of the items listed.

4. OWNERSHIP.

a. One Preliminary Policy will be furnished for each contiguous area of land in identical ownership.

Land will be deemed contiguous even though portions thereof are separated by roads, railroad rights-of-way, streams, etc. If there has been a severance of the surface and the subsurface of the land, determination of what constitutes a tract will be based on ownership of the surface. Unless otherwise specified in the task order, the Preliminary Policy shall cover the entire ownership of the tract. The contractor shall identify all owners of the tract unless there are severances. If there are severances, the contractor shall identify the owner of the surface estate and shall indicate as an exception where each severance from the fee simple takes place (e.g. a coal severance or an oil and gas reservation) with the appropriate vesting instrument (e.g Deed Book and Page where it occurred, the date, and the type of severance [oil, gas, etc.]. The contractor shall note all title exceptions which include, and not limited to: mineral severances, rights of way, mineral leases, out-conveyances, etc. The Government shall be apprised of all defects so that curative measures can be taken by the Government. The Preliminary Policy shall furnish pertinent information such as parties, dates and recordation data regarding mineral severance deeds and the deeds under which the present owner or owners of the minerals acquired title thereto.

b. Where there has been a severance of the surface and subsurface of the land, it is contemplated that there may be multiple acquisitions pertaining to the same tract of land. In the event the contractor has furnished a Final Policy covering acquisition of the surface owner's interest in the land, the Contracting Officer reserves the right to order Preliminary, Intermediate, Closing Services and Final Policies covering the acquisition of the outstanding minerals underlying the same tract. The Government understands that acquiring a policy for any subsurface minerals may be difficult; therefore, if the Government wants to acquire minerals, the contractor shall provide a policy covering the entire fee simple tract because the Government will eventually acquire all interest in the fee tract.

c. If the Government wants to order a mineral title based on the reported severances, only then shall the

Government notify the contractor in writing to perform that examination. The contractor shall identify the full ownership of the strata it is interested in (e.g. the Pittsburgh seam of coal, the oil and gas, the Marcellus shale, etc.). All owners of that particular subsurface strata shall be identified, If during the mineral title examination the contractor discovers an active leasehold, the contractor shall identify the owners of the leasehold, including, but not limited to the owners of the leasehold itself, any wells and their respective ownership - overriding royalties, working interest, and net revenue interest in the well or leasehold. The Contractor shall be paid for such Preliminary, Intermediate, and Final Policies at the appropriate unit prices set forth in the schedule.

d. The Contractor shall review all additional curative actions submitted by the Governments Office of

Counsel, and will delete, remove, and/or amend exceptions in compliance with the law. The Contractor will have open communications with the Governments legal staff, including communications by phone, facsimile and electronic mail, to discuss any proposed curative actions with the Government. Any costs associated with such discussions will not be billed separately, the costs should be factored into the contract price for the title evidence items specified herein.

5. REMUNERATION.

a. Payment shall be made for Preliminaries, Intermediates, Final Policies and Closing Services ordered and delivered on the item basis and at the unit price provided in the contract. When a Preliminary Title Commitment is ordered, an Intermediate and/or Final Policy shall be provided by the contractor even if the contract has expired by its terms or the Government terminates the contract for any reason.

Payment shall also be made if a Verification is requested by the Government, a Verification is a search from the date the property was acquired for a minimum of a 30-year unbroken chain of title.

b. Invoices setting forth tract numbers and names of vendors will be submitted in quadruplicate for Preliminaries, Intermediates, Final Policies, and Closing Services upon delivery thereof. The invoices must specify when the charges are for Preliminary, Intermediate, Final Policies and/or Closing Services and will itemize, as a separate item, the cost of title insurance, which charge shall not include any amount for search fees or the like, but be limited solely to the title insurance premium. Payment for title insurance shall be made along with payment for the Final Title Policy showing title to be vested in the United States of America or the local sponsor, as applicable. The contractor shall assume and pay all charges of the company issuing the policies to be furnished under this contract. If court judgments result in the need for endorsements to the Title Policy to increase the limits of liability, payment in such cases will be limited to the fee for the endorsement and the units of title insurance in excess of the units covered by the previously issued Title Policy or endorsement.

c. The contractor shall review any and all additional curative actions submitted by the Government, discuss any proposed curative actions with the Governments legal staff, and will delete, remove and/or amend exceptions in compliance with law. The contractor will have open communications with the legal staff, including communications by phone, facsimile and electronic mail, with a view toward curing title deficiencies. Any time or costs associated with such discussions will not be billed separately, but instead is factored in the contract price for the title evidence items specified herein.

PART 2 - EXECUTION

6. The Contractor represents and it is a condition of any obligation of the Government hereunder, that the corporation which is to issue title policies hereunder, is authorized and qualified in the State where the land is located. At a minimum, a provider of title evidence must be licensed if licensing is required by applicable laws in the state where the real property is located. Title examiners must have no financial interest in the land to be acquired, nor be related to or affiliated with a seller or donor. The written proposal of charges must be accompanied by the written commitment of a corporation so qualified, to issue title policies and continuations ordered hereunder, and a statement by said corporation that the contractor\attorney is its agent and can issue policies in its name.

7. The Contractor shall in all instances adhere to the Regulations of the Attorney General Governing the

Review and Approval of Title for Federal Land Acquisitions (2016), or any successor thereto as may be in effect at the time of delivery. As described in paragraph 8 below, the period of search and scope of title evidence for each tract will be determined for each specific tract. Pursuant to Section 3.3 of the USDOJ title standards, the period of search for forms title evidence which explicitly limit liability based on recording date is generally a minimum of 60 years for acquisitions of real property valued at $50,000 or more, a minimum of 40 years for acquisitions valued less than $50,000. A greater search term may be appropriate, or a lesser term of search may be appropriate under certain limited circumstances for acquisitions of easements valued at less than $25,000. The standards can currently be found at:

https://www.justice.gov/enrd/page/file/922431/download.language .

8. The Preliminary Policies to be furnished shall be based on a thorough search and examination of the public records affecting the title to the land, and shall contain the legal description of the property as furnished by the Government. The Contractor shall correct or revise the source or derivation of title of the present owner or owners, contained in such description, if necessary, or otherwise furnish an appropriate derivation of title as required by law or local practice. The policy shall contain the legal description of the property as furnished by the government, and shall be immediately followed by a reference to the source of title of the present owner. The policy shall be unqualified as to the period of search (THIS MEANS THE

CONTRACTOR SHALL BEGIN ITS SEARCH AT THE PATENT, OR AS CLOSE THERETO AS

POSSIBLE AND BRING THE TITLE FORWARD TO THE PRESENT DAY, UNLESS OTHERWISE

SPECIFIED BY THE GOVERNMENT), shall contain the legal description of the property as furnished by the government, and shall be immediately followed by a reference to the source of title of the present owner. Alternatively, the search period and scope of title evidence required for specific tracts may be amended by agreement of the Chief of Real Estate, Huntington District, and the District Counsel, Huntington District, on a case-by-case basis. If a mineral title is needed, the search criteria shall be unqualified as to the period of search unless an alternate period or search is designated by the Chief of Real Estate and District Counsel as stated above. The policy shall be valid for a MINIMUM period of five (5) years from the effective date of the policy. The Preliminary Policy shall be issued only on the most recent forms approved by the Attorney General of the United States and the American Land Title Association for acquisitions by the United States. (The following information, though correct at the time this specification was written, is provided for the contractor's information only, and is not guaranteed: American Land Title Association (ALTA) U.S. Policy (9-28-91) Revised (12-3-12) form is the ONLY currently approved policy form. ALTA U.S. Policy - 1963 is not approved for use after March 30, 1995). Delivery of policies on forms other than those so approved will be considered a nonconforming delivery. This approved form shall be used for Preliminary, Intermediate, and Final Commitments. Delivery of certificates shall be considered a nonconforming delivery in any state where the insurer issues policies to any client, or if the certificate is not the most recent approved form for acquisitions by the United States. Some or all of the lands to be insured may be acquired in the name of an entity other than the United States of America. If so, the entity will be a sponsor of the project as contemplated by the Water Resources Development Act of 1986. If requested by the Government, the Preliminary Policy shall offer to insure the United States of America or the local sponsor. If title to the lands is taken in the name of the local sponsor, then the Final Title Policy or certificate shall be issued on the title company's policy or certificate then in use for non-federal acquisitions, notwithstanding that the preliminary policy or certificate was issued on the federal form.

9. In the event of condemnation, the title company, as part of the Commitment price, will provide addresses of lien holders, etc., and to the best of its ability, help with the names and addresses of those mentioned as having possible ownership interests – with the exception of Judgment lists with the multiple common names. In addition, Title Policies for tracts acquired by condemnation proceedings shall include information regarding the United States' immediate predecessor in the title, in language similar to the following:

"Title to the estate or interest covered by this Title Policy at the date hereof is vested in the United States of America by virtue of a Declaration of Taking, as evidenced by Lis Pendens Notice or [or Judgment on Declaration of Taking], dated _______________, recorded in _____________ Book _________, page _________ of the records of ____________, _________ . Prior to the Declaration of Taking, title was vested in ____________ ."

10. The Title Policy will disclose the name or names of the record owner or owners of the property described therein. Where subsurface estates or interests in the property to be acquired are owned by persons, corporations, or other legal entities, other than the owners of the surface estate, the present record owners of each such outstanding estate or interest and all pertinent data relating thereto shall be shown in the Title Policy unless otherwise specified in the order. Furthermore, if a mineral title is ordered, the contractor shall identify the ownership as described in Paragraph 4(c) of this SOW.

11. Title policies shall be executed and submitted in quadruplicate and shall contain in Schedule B thereof the names and addresses, as disclosed by the public records, of all persons or entities having any liens on or rights or interests in the property described therein, in order that they may be joined as parties defendant in a condemnation proceeding if one is necessary, along with copies of all instruments creating the subject interests.

12. The Title Policy shall contain sufficient information concerning defects, liens, encumbrances, and other matters excepted, to enable an attorney examining the policy to determine the nature and extent of such exceptions and their probable effect on the validity of the title to the land described. Examination is required of state and federal records in the district(s) where the land is located to identify judgment liens, decrees, and pending cases that could affect title. It shall also state or be accompanied by a report specifying the evidence or action, if any, which will be acceptable to the corporation issuing the policy, as a basis for the issuance of a Continuation deleting each such defect, lien, encumbrance, and other matter from the Title Policy. As part of the preliminary title submittal, contractor shall furnish copies of plats referenced in any portion of the legal description, including the preamble, and shall furnish copies of all items noted as exceptions in Schedule “B” to include any recorded plats or maps referenced in the said noted items as well as other recorded references in these items. To this end, the Schedule “B” referenced data shall be tabbed or clearly marked to indicate the precise Schedule “B” exception item number. Also, Contractor shall furnish a copy of source(s) of title (deed, will, etc.) into the owner(s) of the land. Receipt by the Government of the preliminary title/commitment shall be within forty five (45) calendar days from the order date, unless arrangements are made between the Contractor and the Government for earlier or later delivery

13. Each policy shall contain a detailed statement of any taxes and special assessments of record which are a lien on the property described. Such statement will include, at a minimum, the current assessment information, including name of taxpayer, district (if applicable) assessment, and dollar amount. The statement will also either clearly itemize all delinquent taxes or affirmatively state that there are no delinquent taxes.

14. If the policy contains any objection with respect to liens for taxes, assessments, or bonds of a special improvement district, such objections will be followed by references to the statutes pursuant to which such special improvement district was organized, its taxes and assessments levied and its bonds issued and any other facts necessary to enable an attorney examining the policy to determine the nature and extent of the lien, if any, created by such taxes, assessments, or bonds, on the land described therein.

15. If the policy shows title in a record owner who is deceased, it shall also state therein, or be accompanied by a statement indicating whether a judicial proceeding, affidavits of heirship, or some other form of proof will be acceptable to the title company as the basis for the issuance of a Title Policy showing title in the United States upon execution and recordation of a deed to the United States from such persons shown by such proof to be all heirs of the deceased.

16. If the policy shows record title in a state, county municipality, or other subdivision of the state, or in a corporation, or a church or other religious, educational, or charitable institution or organization, or in a person or persons acting in a fiduciary or similar capacity, without authority to convey the property in the absence of specific authorization, the policy shall disclose the incapacity of or limitation on the authority to convey the property and shall specify what action, if any, is necessary before a valid conveyance of the property may be made to the United States and what proof thereof will be required by the title company before issuing a Title Policy showing valid title to the property in the United States.

17. Policies containing any exception or objection with respect to rights or possible rights under the provisions of Section 13 of the Selective Training and Service Act of 1940 (50 USC App. 313), or the Soldiers and Sailors Civil Relief Act of 1940, as amended (50 USC App. 501-509) must:

a. Contain the name of each person having such rights, and the address of any such person, if known.

b. Contain or be accompanied by a statement of the company issuing the policy showing the nature and extent of the interest in the land of each such person, and

c. If any such person has an actual interest in the land, contain or be accompanied by a transcript of the proceeding giving rise to such rights and disclose the action, if any, taken in the proceeding to comply with the requirements of said Acts.

18. Each Policy and Continuation shall be executed in quadruplicate by a duly authorized officer of the issuing corporation, shall bear the corporate seal of such corporation, and shall be countersigned by the proper officer of the corporation, where necessary. The Title Policies, as amended by the final Continuation thereof, shall not except from the corporation's liability, any defects, liens, encumbrances, or other matters of record set forth in the original policy which are waived by the corporation or its duly authorized representative before closing of the acquisition, nor shall such amended policies contain any exception with respect to any matter affecting the title as of the date of the original Policy, or its continuations, which was not disclosed in the original Policy, or its continuations. The Contractor also agrees, if requested by the Reviewing Attorney, to pass upon the proposed deed of the property to the United States or the local sponsor and the sufficiency of the deed to vest in it valid title to the property described in Schedule "A" of the Interim Binder or Title Policy. For these purposes the Contractor shall designate a local representative authorized by it to pass upon the form and sufficiency of the curative material, to waive objections, in the Interim Binder or Title Policy and approve the proposed deed to the United States. The Contractor shall, if so requested, have its representative present at the closing of the purchase transaction to determine the current status of the affected titles.

19. The Contractor agrees to report changes in ownership and/or to eliminate or cause to be eliminated from the

Title Policy by intermediate Continuations thereof, objections disclosed in the Title Policies issued hereunder when ownership changes occur and when curative material obtained by representatives of the United States or others is acceptable to the title company issuing the Title Policies hereunder.

20. "Continuation" is defined as a printed or typed amendment to the Title Policy previously issued by the title company, which extends the effective date of the original policy, and executed in the same manner as the original Title Policy, and may be either an intermediate or final Continuation. The intermediate Continuation shall reflect the condition of title subsequent to the date of the original Title Policy and prior to the date of closing of the acquisition; the final Continuation shall reflect the vesting of title in the United States and shall be delivered within forty five (45) calendar days from the order date, unless arrangements are made between the Contractor and the Government for earlier or later delivery

21. The Continuations shall be issued only upon written order of the Contracting Officer or duly authorized representative. Endorsements which merely delete exceptions from the original policy due to presentation to the title company or the contractor of satisfactory curative matter and which do not require any search of courthouse records are not continuations within the meaning of this contract.

22. If the corporation which is to issue Title Policies hereunder customarily insures marketability of title in the locality where the land is situated, , the Policies to be issued hereunder shall not contain the paragraph headed "Refusal to Purchase" under "General Exceptions" of the aforesaid approved Title Policy, but shall insure the marketability of the title.

23. The Title Contractor shall supply all documents contained with the Preliminary Commitment. This includes all deeds (including all deeds in the chain of title), liens, encumbrances, oil and gas leases, out conveyances, rights of way, and any other document which constitutes an Exception or Requirement located in Schedule B or Schedule B-II. The deeds for the chain of title shall be organized in chronological order. Any Exception or Requirement (e.g. a right of way or lease) shall be grouped together in chronological order (e.g. liens are grouped together starting from earliest to most recent).

24. In fee and in easement acquisitions, the Contractor shall satisfy, prior to or at closing, specially listed closing requirements in Schedule “B” (for example, proof that the grantor is single, that sale into the grantor by a corporation was in adherence with the law, etc.) All releases, partial releases, subordinations, etc., whether prepared by the lender or the Contractor, and related recording fees shall be provided at no additional cost to the Government.

25. When the Title Contractor provides escrow services, the Contracting Officer will award the task order and notify the contractor. The contractor will prepare a closing/disbursement statement for each escrow transaction, receive and disburse sales proceeds for each escrow transaction. Prepare final statements for the parties accounting for the disposition of funds deposited in escrow. Escrow Services shall be completed within 30 calendar days of assignment

26. When the Title Contractor provides closing services, the Contracting Officer will award the task order and notify the contractor that a parcel is ready for closing, the contractor shall schedule closing with the seller.

All closings shall be conducted within thirty (30) calendar days of receipt of final closing package unless arrangements are made between the Contractor and the Contracting Officer for earlier or later closings.

a. Upon receipt of the check and title papers, the Closing Agent and Reviewing Attorney will review the entire file relating to the acquisition, will be fully acquainted with the terms and conditions of the sale, and with the condition of the title, and together will ascertain whether there are any special conditions to be performed, or requirements to be met, on the part of the landowner or the Government and what objections to the title are to be eliminated before valid title may vest in the United States.

b. Immediately prior to closing, the contractor will personally make an inspection of the premises and make an owner inquiry as ascertain whether any person is occupying any part of the property or whether any other evidence of possible claims of use or ownership exist.

1. The Contractor shall perform the closing in accordance with federal and State law and regulations, and shall: update the Preliminary Commitment for Title Insurance from the Effective Date to the date of the closing. In doing so, should there be any irregularities (e.g. liens, tax issues, or ownership discrepancies, etc.) during said update, the Contractor shall not close and immediately notify Office of Counsel and the Chief of Real Estate as to why the property could not be closed

2. At the time of closing, the Contractor shall have seller execute the Government furnished deed and closing sheet, notarize the deed, and disburse funds. The Contractor shall record the deed and pay any recording fees. As part of recordation of the deed, the Contractor shall submit to the recorder of deeds the Government completed transfer tax and value form in which the Government will declare an exemption, for the particular State or Commonwealth in which the land is situate.

In some instances, it may be appropriate for the Contractor to assist in preparing State and county/city transfer tax and value forms

c. The Policy/final title policy shall include the title bring to date as of the recording of the Deed from the Commitment date or date of an interim title update, if an interim update was ordered

d. If a Final title policy(s) is requested the Contracting Officer will notify the contractor and award the task order. The Contractor shall deliver within thirty (30) calendar days from the closing date.

Originally recorded deeds or deeds of easement shall accompany the delivery of the policy(s); or in the event the recorded conveyance instrument(s) is not yet available from the Recorder’s office, copies of the recorded and stamped instrument(s) or official documentation of recording data of liber and folio shall accompany the policy(s). In the latter event, the recorded instrument shall be forwarded to the Government when it is received by the Contractor.

DELIVERIES OR PERFORMANCE

27. DELIVERY OR PERFORMANCE. Work shall be made only as authorized by task orders issued in accordance with the Ordering Clause. Subject to any limitations in the Task-Order Limitations Clause or elsewhere in this contract, the Contractor shall furnish to the Government all Policies and Continuations specified in the Schedule and called for by the issued task orders. The Government may issue orders requiring delivery to multiple locations.

28. PERIOD OF CONTRACT. The period of this contract shall begin upon receipt of the contract. It shall continue until terminated in writing by the Contracting Officer or upon successful completion of all task orders which shall not have a combined total of more than $1,400,000.00.

PRICE BREAKOUT SCHEDULE

BASE PERIOD – DATE OF AWARD THRU 28 FEB 2022

BUCHANAN COUNTY (0001 – 0007) QTY UNIT PRICE UNIT TOTAL

0001 PRELIMINARY POLICIES, IF AND AS NEEDED TO BE

DELIVERED WITHIN 45 CALENDAR DAYS OF RECEIPT OF

ORDER 70 JB $_________ $__________

0002 INTERMEDIATE POLICIES, IF AND AS NEEDED TO BE

DELIVERED WITHIN 30 CALENDAR DAYS OF RECEIPT OF

ORDER. 15 JB $__________ $__________

0003 FINAL POLICIES, (FINAL ENDORSMENT), PLUS THE COST

OF LIABILITY INSURANCE AT THE RATES ESTABLISHED

BY STATUTE OR REGULATION IN THE STATE OF WEST

VIRGINIA PER THE SCHEDULE OF THE TITLE COMPANY,

BASED ON THE LIABILITY OF THE CORPORATION

ISSUING THE CERTIFICATES, OR, IN THE EVENT THERE

IS NO SUCH STATUTE OR REGULATION, THE LOWEST

SUCH RATES CHARGED TO CUSTOMERS OF SIMILAR

SIZE, AS PROVIDED IN THE DETAILED SPECIFICATIONS

TO BE PROVDED WITH THE CONTRACT, AND ALLOWING

FOR A MINIMUM PREMIUM CHARGED BY THE TITLE

INSURANCE COMPANY AND TO BE DELIVERED WITHIN

30 CALENDAR DAYS OF RECEIPT OF ORDER 35 JB $__________ $__________

0004 AMOUNT TO BE INCLUDED IN THE TASK ORDER FOR

INSURANCE 35 JB $ NA $_NA _____

0005 VERIFICATION OF 30 YEAR UNBROKEN CHAIN OF TITLE, IF AND AS

NEEDED, TO BE DELIVERED WITHIN 30 CALENDAR DAYS OF

RECEIPT OF ORDER. 1 JB $_________ $__________

0006 ESCROW (DISBURSEMENT OF FUNDS) IF AS NEEDED TO BE

WITHIN 30 CALENDAR DAYS OF RECEIPT OF ORDER 69 JB $_________ $__________

0007 CLOSING SERVICES (RECORDING OF DOCUMENTS) IF AS

NEEDED TO BE WITHIN 30 CALENDAR DAYS OF RECEIPT OF

ORDER 32 JB $_________ $__________

DICKENSON COUNTY (0008 – 0014)

0008 PRELIMINARY POLICIES, IF AND AS NEEDED TO BE

DELIVERED WITHIN 45 CALENDAR DAYS OF RECEIPT OF

ORDER 20 JB $__________ $__________

0009 INTERMEDIATE POLICIES, IF AND AS NEEDED TO BE

DELIVERED WITHIN 30 CALENDAR DAYS OF RECEIPT OF

ORDER. 5 JB $__________ $__________

0010 FINAL POLICIES, (FINAL ENDORSMENT), PLUS THE COST

OF LIABILITY INSURANCE AT THE RATES ESTABLISHED

BY STATUTE OR REGULATION IN THE STATE OF WEST

VIRGINIA PER THE SCHEDULE OF THE TITLE COMPANY,

BASED ON THE LIABILITY OF THE CORPORATION

ISSUING THE CERTIFICATES, OR, IN THE EVENT THERE

IS NO SUCH STATUTE OR REGULATION, THE LOWEST

SUCH RATES CHARGED TO CUSTOMERS OF SIMILAR

SIZE, AS PROVIDED IN THE DETAILED SPECIFICATIONS

TO BE PROVDED WITH THE CONTRACT, AND ALLOWING

FOR A MINIMUM PREMIUM CHARGED BY THE TITLE

INSURANCE COMPANY AND TO BE DELIVERED WITHIN

30 CALENDAR DAYS OF RECEIPT OF ORDER 10 JB $__________ $__________

0011 AMOUNT TO BE INCLUDED IN THE TASK ORDER FOR

INSURANCE 10 JB $ NA $___NA____

0012 VERIFICATION OF 30 YEAR UNBROKEN CHAIN OF TITLE,

IF AND AS NEEDED, TO BE DELIVERED WITHIN 30

CALENDAR DAYS OF RECEIPT OF ORDER. 1 JB $__________ $__________

0013 ESCROW (DISBURSEMENT OF FUNDS) IF AS NEEDED TO BE

WITHIN 30 CALENDAR DAYS OF RECEIPT OF ORDER 20 JB $_________ $__________

0014 CLOSING SERVICES (RECORDING OF DOCUMENTS) IF AS

ORDER 32 JB $_________ $__________

TOTAL FOR BASE PERIOD $_________________

OPTION PERIOD 1 – MAR 1, 2022 THRU FEB 28, 2023

BUCHANAN COUNTY (1001 – 1007) QTY UNIT PRICE UNIT TOTAL

1001 PRELIMINARY POLICIES, IF AND AS NEEDED TO BE

DELIVERED WITHIN 45 CALENDAR DAYS OF RECEIPT OF

ORDER 84 JB $__________ $__________

1002 INTERMEDIATE POLICIES, IF AND AS NEEDED TO BE

DELIVERED WITHIN 30 CALENDAR DAYS OF RECEIPT OF

ORDER. 20 JB $__________ $__________

1003 FINAL POLICIES, (FINAL ENDORSMENT), PLUS THE COST

OF LIABILITY INSURANCE AT THE RATES ESTABLISHED

BY STATUTE OR REGULATION IN THE STATE OF WEST

VIRGINIA PER THE SCHEDULE OF THE TITLE COMPANY,

BASED ON THE LIABILITY OF THE CORPORATION

ISSUING THE CERTIFICATES, OR, IN THE EVENT THERE

IS NO SUCH STATUTE OR REGULATION, THE LOWEST

SUCH RATES CHARGED TO CUSTOMERS OF SIMILAR

SIZE, AS PROVIDED IN THE DETAILED SPECIFICATIONS

TO BE PROVDED WITH THE CONTRACT, AND ALLOWING

FOR A MINIMUM PREMIUM CHARGED BY…