DRAFT_Performance_Work_Statement_for_2026_AAO_Realty_Services_IDIQ_1.docx
DOCX document 110 KB Posted
- Attached to
- MRG REALTY AND LAND SERVICES IDIQ
- Solicitation number
- 140R4025R0033
About this file
This Performance Work Statement (PWS) details an Indefinite Delivery/Indefinite Quantity (IDIQ) contract for realty and land acquisition services for the U.S. Bureau of Reclamation's Albuquerque Area Office (AAO). The five-year contract will support land acquisitions in central south Colorado, New Mexico, and northwest Texas, primarily along the Middle Rio Grande corridor, with a focus on facilitating federal land acquisitions through comprehensive realty services.
The contract encompasses 19 specific tasks including obtaining right of entry, conducting property inspections, performing surveys, managing environmental site assessments, negotiating with landowners, providing relocation services, and managing closing processes. Key requirements include having personnel with Right-of-Way Relocation Assistance Certification, state-certified surveyors, and expertise in residential and business relocation assistance. The contractor will support Reclamation's land acquisition activities for projects involving water resources, irrigation, and infrastructure, with work coordinated across multiple regional offices and solicitor teams.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Sources_Sought_Synopsis_-_Realty_Services_IDIQ_2026_1.docx | DOCX document | |
| Realty_Services_IDIQ_QASP_1.pdf |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Realty/Survey Services IDIQ Performance Work Statement U.S. Bureau of Reclamation, Upper Colorado Region, Albuquerque Area Office MRG Realty & Land Services Indefinite Delivery Indefinite Quantity Contract Contents
| 1.0 | ACRONYMS & ABBREVIATIONS | 2 |
| 2.0 | INTRODUCTION | 3 |
| 2.1 | Objective | 3 |
| 2.2 | Background | 3 |
| 3.0 | LOCATION AND PERIOD OF PERFORMANCE | 4 |
| 4.0 | GENERAL REQUIREMENTS | 4 |
| 4.1 | Non-Personal Services | 4 |
| 4.2 | Contract Administration | 5 |
| 4.3 | Contractor Personnel, Disciplines, and Specialties | 5 |
| 4.4 | Travel | 6 |
| 5.0 | TECHNICAL REQUIREMENTS | 6 |
| 5.1 | GIS Requirements. | 6 |
| 5.2 | Accessibility | 7 |
| 6.0 | TASK ORDERS | 7 |
| 7.0 | REFERENCES AND APPLICABLE DIRECTIVES | 7 |
| 8.0 | TASKS | 8 |
| 8.1 | Tasks Summary | 8 |
| 8.2 | List of Milestones | 9 |
| 8.3 | Specific Task Requirements | 10 |
| 8.3.1 | Task #1: Coordinate and Obtain ROE for Properties | 10 |
| 8.3.2 | Task #2: Initial CIP, including Landowner Contact | 11 |
| 8.3.3 | Task #3: LLDs, Surveys, and Map Exhibits | 12 |
| 8.3.4 | Task #4: Appraisal | 12 |
| 8.3.5 | Task #5: Title and Escrow Services | 13 |
| 8.3.6 | Task #6: Pre-Acquisition Environmental Site Assessment (PA-ESA) | 14 |
| 8.3.7 | Task #7: Draft Administrative Determination (AD) to Acquire | 15 |
| 8.3.8 | Task #8: Draft and Make Offer of Just Compensation | 15 |
| 8.3.9 | Task #9: Negotiations | 17 |
| 8.3.10 | Task #10: Relocation Services | 18 |
| 8.3.11 | Task #11: Draft and Receive Grantor Signature on Land Purchase | |
| Contract and Deed | 20 | |
| 8.3.12 | Task #12: Pre-Acquisition Package Development | 21 |
| 8.3.13 | Task #13: Pre-Acquisition (Preliminary) Title Opinion (PTO) | 21 |
| 8.3.14 | Task #14: Title Curative Action | 21 |
| 8.3.15 | Task #15: Closing | 22 |
| 8.3.16 | Task #16: Post-Acquisition (Final) Package Development | 22 |
| 8.3.17 | Task #17: Post-Acquisition (Final) Title Opinion (FTO) | 23 |
| 8.3.18 | Task #18: File Close-Out | 23 |
| 8.3.19 | Task #19: Project Management Support | 23 |
| 9.0 | PERFORMANCE MEASUREMENTS | 25 |
| 9.1 | Requirements Summary | 25 |
| 10.0 | DELIVERABLES | 27 |
ACRONYMS & ABBREVIATIONS
| AAI |
| All Appropriate Inquiry |
| AAO |
| Albuquerque Area Office |
| AD |
| Administrative Determination (to Acquire) |
| ALTA |
| American Land Title Association |
| ASTM |
| American Society for Testing and Materials (ASTM) International |
| AVSO |
| Appraisal and Valuations Services Office |
| CFedS |
| Certified Federal Surveyor |
| CFR |
| Code of Federal Regulations |
| CIP |
| Certificate of Inspection and Possession |
| CO |
| Contracting Officer |
| COR |
| Contracting Officer’s Representative |
| CPARS |
| Contractor’s Performance Assessment Report System |
| D&S |
| Directive and Standard (Reclamation Manual) |
| DM |
| Department Manual |
| DOI |
| Department of the Interior |
| FTO |
| Final Title Opinion |
| GFM |
| Government-Furnished Materials |
| GIS |
| Geographic Information System |
| IDIQ |
| Indefinite Delivery Indefinite Quantity |
| LLD |
| Legal Land Description |
| MS |
| Microsoft |
| PA-ESA |
| Pre-Acquisition Environmental Site Assessment |
| Adobe PDF (file format) |
| PTO |
| Pre-Acquisition (Preliminary) Title Opinion |
| PWS |
| Performance Work Statement |
| Q&A |
| Question and Answer |
| Reclamation |
| U.S. Bureau of Reclamation |
| ROE |
| Right of Entry |
| TO |
| Task Order |
| U.S.C. |
| United States Code |
| UCB |
| Reclamation’s Upper Colorado Basin Region |
| Uniform Act |
| 49 CFR 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs |
INTRODUCTION
The U.S. Bureau of Reclamation (Reclamation) has a need for realty-related services within the Upper Colorado Region, Albuquerque Area Office (AAO). The AAO boundary covers central south Colorado, New Mexico, and northwest Texas, with most of the work anticipated to be performed along the Middle Rio Grande corridor. This contract will be a five-year, Indefinite Delivery Indefinite Quantity (IDIQ) services contract under which the selected contractor shall assist Reclamation with a broad range of realty services as outlined in this Performance Work Statement (PWS). When workload either exceeds the capacity of Reclamation staff or requires specialty knowledge and expertise Reclamation staff does not possess, we may use this IDIQ to acquire professional services to perform the work through a task order (TO).
Objective The objective of this PWS is to acquire contractor services via a Single Award, Indefinite Delivery Indefinite Quantity (IDIQ) contract to support Federal land acquisitions for work to be completed by the Reclamation’s AAO. These contracts will include realty services to determine the need for acquisition of land interest and to facilitate and provide compliance materials, documentation, and negotiations activities for the acquisition of land and/or interests therein in accordance with Federal Regulations, Reclamation Policy, and Reclamation Directives and Standards (D&S).
Background Reclamation is the largest wholesaler of water in the country. Reclamation brings water to more than 31 million people and provides one out of five western farmers with irrigation water for 10 million acres of farmland that produce 60% of the nation's vegetables and 25% of its fruits and nuts.
The AAO consists of six field offices in portions of three states: south-central Colorado, most of New Mexico, and west Texas. The AAO is responsible for Reclamation program activities in the Rio Grande, Pecos River, and Canadian River Basins and serves 19 Native American pueblos and three tribes. Congressionally authorized Reclamation projects under the AAO's jurisdiction include nine major dams with a combined reservoir storage capacity of more than 3,551,000 acre-feet. These projects supply water for more than 439,000 acres of irrigated lands. More information on Reclamation and the AAO’s projects can be found online at www.usbr.gov and https://www.usbr.gov/uc/albuq/index.html.
The AAO has several projects that may require realty services, including but not limited to two river realignment projects that will affect over 20 miles and approximately 150 landowners along the Rio Grande in Socorro County, New Mexico.
Work performed under this contract will be coordinated with the AAO’s Realty Team and the UCB Regional Realty Team. This includes the local Reclamation office (Albuquerque, New Mexico), the Upper Colorado Basin Regional Reclamation Office (Salt Lake City, Utah), Southwest Region Solicitor’s Office (Albuquerque, New Mexico), Intermountain Region Solicitor’s Office (Salt Lake City, Utah), and the Department of the Interior (DOI) Appraisal and Valuations Services Office (AVSO, Lakewood, Colorado).
This PWS includes creating and/or obtaining multiple realty services to complete land acquisitions. Work expressly not included in this PWS is inherently Federal Government functions, including decision-making regarding acceptability of encumbrances to title, acceptance of final negotiation positions and disbursement of Federal funds, acceptability of purchase contract terms and conditions, and final decisions to acquire real estate or interests therein. All documents and correspondences must be approved by Reclamation and, as applicable, the DOI Solicitor’s Office prior to being sent to private parties. The Contractor shall be working as a representative of the United States (for Reclamation projects) and will be part of the land acquisition team facilitating the land acquisition program and its needs.
LOCATION AND PERIOD OF PERFORMANCE
The field work activities under this contract will be performed within the AAO boundary which covers central south Colorado, New Mexico, and northwest Texas, with most of the work being performed along the Middle Rio Grande corridor. Contractor staff may also attend irregular meetings in Albuquerque.
The duration of this IDIQ contract will be 5 years from the time of award. Reclamation staff will generally be available during normal business hours of 8 am to 5:00 pm, Mountain Time, Monday through Friday. Reclamation will observe federal holidays.
GENERAL REQUIREMENTS
This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.
Non-Personal Services The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (CO) immediately.
Contract Administration The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The Contractor shall respond to Government requests for contractual actions within 3 business days. The Contractor shall have a single point of contact between the Government and Contractor personnel assigned to support this purchase order.
Reclamation Manual D&S FIN 07-22 requires all costs be broken down by job codes and allocated into correct asset shells within the DOI’s accounting software. For each acquisition, there is potential for up to seven different job numbers that may have costs allocated within them. Reclamation will provide unique asset numbers for each acquisitions cost that must be used to track the corresponding costs.
The Contractor shall be required to document employee time associated with tasks and report on the overall time from start of acquisition (beginning with Task 2) until closing is complete (Task 15) and Final Coordination Report issued (Task 18).
Contractor Personnel, Disciplines, and Specialties The Contractor shall accomplish the assigned work by employing and using qualified personnel with appropriate combinations of education, training, and experience. The Contractor shall match personnel skills to the work with a minimum of under/over employment of resources. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.
Personnel assigned to the contract shall have or be supervised by someone with the following qualifications: Right-of-Way Relocation Assistance Certification Program (R/W-RAC) OR a Senior Right-of-Way Professional Designation (SR/WA).
Surveyors must be certified within the State the acquisition is to take place and deliverables (LLDs, surveys, and any map exhibits) must be acceptable to be recorded in the County records. Reclamation task orders may occasionally require the Contractor to provide a Certified Federal Surveyor (CFedS).
The Contractor shall have extensive experience in both residential and business relocation assistance work. Relocation Specialist shall have a record of successfully completing at least 8 residential relocations. Resume and certifications of key personnel shall be submitted along with the Contractor’s quote.
In providing the services described in this PWS, the Contractor shall be familiar and comply with the directives listed in Section 7.0, References and Applicable Directives.
The Contractor shall not employ any person for work on this contract if such employee is considered by the CO to be a potential threat to the health, safety, security, general well-being, or operational mission of Reclamation and its employees.
The Contractor shall not employ any person who is an employee of the U.S. government, if employing that person would create a conflict of interest or the impression of it.
Contractor personnel and sub-contractor personnel shall present a neat appearance and be easily recognized as Contractor employees (e.g., company shirts or badges). If Contractor personnel and sub-contractor personnel attend meetings, answer phones, or work in situations where their status is not obvious, they shall identify themselves as Contractors to avoid the impression that they are government employees.
Travel Travel to remote field sites, government facilities, or other Contractor facilities will be required. The Contractor shall make any necessary travel arrangements for employees. All travel requirements (including plans, agenda, itinerary, and dates) must be pre-approved by Reclamation. Costs for travel will be billed in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs.
TECHNICAL REQUIREMENTS
GIS Requirements.
For Government-wide geospatial datasets, national standards provide policy and guidelines to ensure consistency, maintenance, usage practices, and version tracking. Contractors shall adhere to these standards as relevant to, or explicitly stated in, individual task orders.
All GIS data developed by the Contractor shall meet Reclamation accuracy standards for geographic data and will be provided electronically using USA Contiguous Albers Equal Area Conic, NAD 83. Reclamation is using the ESRI suite of GIS products; the Arc/GIS software version currently in use is ArcGIS Pro version 3.1.1. All GIS data must be in a file geo-database or later format. All geospatial deliverables will comply with applicable federal and state geographic information standards, particularly those determined by the Federal Geographic Data Committee (FGDC) as supporting the National Spatial Data Infrastructure. The Contractor shall provide complete geospatial data to include a spatial component, attribute information, and metadata in accordance with the 1998 Federal Geographic Data Committee standards.
| Standard | Agency |
| Federal Geographic Data Committee Standards | FGDC |
| National Standard for Spatial Data Accuracy | FGDC |
Laws
| Section 508 of the Rehabilitation Act of 1973 | GSA |
| Geospatial Data Act of 2018 | FGDC |
Other project-specific standards may be indicated in individual task orders.
Accessibility All deliverables will comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973 and amendments thereto, whether in written, audio, visual, or web format (https://www.usbr.gov/main/accessibility.html; https://www.ecfr.gov/current/title-36/chapter-XI/part-1194).
TASK ORDERS
| 3.1 | The specific requirements for the services to be provided by the Contractor shall be described in detail in the PWS of the individual Task Orders (TOs). TOs are anticipated to be competed and issued as Firm Fixed Price (FFP), but in the event the number of hours or level of effort is not able to be defined with any certainty, a Labor Hour/Time and Material (LH/TM) TO may be issued. |
| 3.2 | Individual TOs will identify the tasks applicable to that TO and parcels covered under that TO. The tasks may be any combination of the tasks identified and described in Section 8.3 of this PWS. |
| 3.3 | The Contractor is responsible for performing the services and providing any deliverables as stipulated in the PWS for the TO as well as requirements outlined in this PWS as applicable. |
REFERENCES AND APPLICABLE DIRECTIVES
The following list of documents/standards are required for the successful performance of these contracts and resultant TOs, full understanding and compliance with the following items are expected:
| No. |
| Title and Edition |
| Date |
| Source |
| 1 |
| Reclamation Manual Policy, LND P06, Land Program Management |
| See URL for most recent approved version |
| Bureau of Reclamation |
https://www.usbr.gov/recman/lnd/lnd-p06.PDF
| 2 |
| Reclamation Manual Directives and Standards, LND 05-01, Real Property Appraisal |
| See URL for most recent approved version |
| Bureau of Reclamation |
https://www.usbr.gov/recman/lnd/lnd05-01.PDF
| 3 |
| Reclamation Manual Directives and Standards, LND 06-01, Land Acquisition |
| See URL for most recent approved version |
| Bureau of Reclamation |
https://www.usbr.gov/recman/lnd/lnd06-01.PDF
| 4 |
| Reclamation Manual Directives and Standards, LND 09-01, Land Records |
| See URL for most recent approved version |
| Bureau of Reclamation |
https://www.usbr.gov/recman/lnd/lnd09-01.PDF
| 5 |
| Reclamation Manual Directives and Standards, FIN 07-22, Land |
| See URL for most recent approved version |
| Bureau of Reclamation |
https://www.usbr.gov/recman/fin/fin07-22.PDF
| 6 |
| Department of the Interior, Departmental Manual, 600 DM 5, Standards for Federal Lands Boundary Evidence |
| 11/21/2014 |
| Department of the Interior |
https://www.doi.gov/sites/doi.gov/files/elips/documents/600%20DM%205%20-%2011-21-14%20signed.PDF
| 7 |
| Interagency Land Acquisition Conference, Uniform Appraisal Standards for Federal Land Acquisitions (2016) |
| 2016 |
| Department of Justice and the Interagency Land Acquisition Conference |
https://www.justice.gov/d9/enrd/legacy/2015/04/13/uniform-appraisal-standards.pdf
| 8 |
| Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016) |
| 12/20/2016 |
| Department of Justice |
https://www.justice.gov/enrd/page/file/922431/download
| 9 |
| Department of the Interior, Departmental Manual, 602 DM 2, Real Property Pre-Acquisition Environmental Site Assessments |
| 10/12/2016 |
| Department of the Interior |
https://www.doi.gov/sites/doi.gov/files/elips/documents/602-dm-2_0.pdf
| 10 |
| ASTM E1527, Standard Practice for Environmental Site Assessments: Phase I Environment Site Assessment Process |
| 11/1/2013 |
| ASTM International |
https://www.astm.org/Standards/E1527.htm
| 11 |
| ASTM E2247, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property |
| 12/1/2016 |
| ASTM International |
https://www.astm.org/Standards/E2247.htm
| 12 |
| 42 USC Ch. 61: Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs |
| N/A |
| Federal Statute |
https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter61&edition=prelim
| 13 |
| 49 CFR Sec. 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs |
| N/A |
| Federal Regulation |
https://www.ecfr.gov/current/title-49/subtitle-A/part-24?toc=1
| 14 |
| Specific Project Land Acquisition Plans and Appendices, as available, provided for each TO |
| N/A |
| Bureau of Reclamation |
TASKS
Tasks Summary The following table lists the tasks required to determine the need for acquisition of land interest and to facilitate and provide all compliance materials, documentation, negotiations, closing, and file close-out activities for the acquisition of land and/or interests therein in accordance with Federal Regulations, Reclamation Policy, and Reclamation Directives and Standards (D&S). Reclamation must complete some of these tasks and may choose to complete other tasks. All tasks are included here simply to outline the full suite of steps and clarify the Contractor’s role vs. Reclamation’s role. Each TO will identify the parcels and which of the following tasks apply to each. See section 8.3 for specific requirements and details for each task.
| Task |
| Task Name |
| 1 |
| Coordinate and Obtain Right of Entry (ROE) for Properties |
| 2 |
| Initial Certificate of Inspection and Possession (CIP), including Landowner Contact |
| 3 |
| Legal Land Descriptions (LLDs), Surveys, and Map Exhibits |
| 4 |
| Appraisal (Reclamation will do) |
| 5 |
| Title and Escrow Services |
| 6 |
| Pre-Acquisition Environmental Site Assessment (PA-ESA) |
| 7 |
| Draft Administrative Determination (AD) to Acquire |
| 8 |
| Draft and Make Offer of Just Compensation |
| 9 |
| Negotiations |
| 10 |
| Relocation Services |
| 11 |
| Draft and Receive Grantor Signature on Land Purchase Contract and Deed |
| 12 |
| Pre-Acquisition Package Development |
| 13 |
| Pre-Acquisition Title Opinion (PTO) (Reclamation will do) |
| 14 |
| Title Curative Action Planning |
| 15 |
| Closing |
| 16 |
| Post-Acquisition (Final) Package Development |
| 17 |
| Post-Acquisition (Final) Title Opinion (FTO) (Reclamation will do) |
| 18 |
| File Close-Out |
List of Milestones Where applicable, the Contractor shall track and report the following milestones for each acquisition:
Planning and Regulatory Activities:
· Right of Entry (ROE)
· Initial Certificates of Inspection (CIP) and Landowner Contact
· Legal Land Description (LLD) and Survey
· Title and Escrow Services
· Pre-Acquisition Environmental Site Assessment (PA-ESA)
· Administrative Determination (AD) to Acquire
· Offer of Just Compensation
· Negotiations
· Relocation Services
· Land Purchase Contract and Deed
· Pre-Acquisition Package Development
· Title Curative Actions Acquisition Activities:
· Closing (Payment, Deed Recorded, Receive Final Title Insurance Policy)
· Process Relocations Post-Acquisition Activities:
· Post-Acquisition (Final) Package Development
· File Close-Out Specific Task Requirements The following sections contain specific requirements for each task.
Task #1: Coordinate and Obtain ROE for Properties
| Prerequisite(s) |
| Approval from the Contracting Officer’s Representative (COR) to proceed with this task. |
| Estimated Time to Complete |
| Four weeks. |
| Government Furnished Materials (GFM) |
| ROE template form in Microsoft (MS) Word format. |
Parcel map.
Description of anticipated activities to occur on parcel.
| Contractor Deliverables |
| Searchable database of ROE forms including statuses (requested, granted, denied, etc.) for each property. |
Reclamation staff and Contractors/representatives shall require access to private property to perform various task-related activities. ROEs may have been obtained previously for some properties. However, these may have expired, and the Contractor is responsible for ensuring valid ROEs are maintained until the required land acquisitions or permitting are completed and the ROE is no longer required.
· Existing ROE documents shall be renewed 90 days prior to expiration.
· Contractor shall confirm landowner contact information from Reclamation maps and records based on project corridor, from official county or state ownership maps and tax records, and from other miscellaneous sources.
· Owners are defined as those persons or entities so designated as the property owner(s) for taxation purposes and last deed of record on official county or state records.
· On behalf of the United States, the Contractor shall send an approved letter in Contractor-provided addressed envelopes, with parcel map, explanations of anticipated activities, and ROE template form to all owners and lessees that have been identified.
· If no response has been received in two (2) weeks, Contractor shall send a second letter with delivery receipt notification.
· If no response has been received in two (2) additional weeks, Contractor shall attempt to contact landowner by phone using phone book review and/or contacting local economic development staff.
· If unable to contact by phone, the Contractor shall perform an on-site visit in coordination with Reclamation staff. Approval from the COR will be required prior to Contractor performing any on-site visits.
· The Contractor shall provide Reclamation with landowner-signed ROE forms/parcel maps, and details of any additional property owner or lessee concerns.
· The Contractor shall coordinate property entry schedules with Reclamation and others working on behalf of Reclamation in support of the project for all properties in scope of this contract.
· All Contractor-received or generated information shall be made available to Reclamation in searchable electronic format and upon request by paper copy. All documents shall be formatted as appropriate for legibility in standard letter, legal, 11-inch by 17-inch, or ANSI/ASME Y14.1 Size D formats.
· Contractor shall provide landowner information on timeline and expectations including possible future contacts from surveyors, appraisers, and environmental professionals.
Task #2: Initial CIP, including Landowner Contact
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
CIP for property to be acquired.
| Estimated Time to Complete |
| Two weeks. |
| GFM |
| Certificate of Inspection and Possession (CIP) template in MS Word format. |
Disclaimer of Interest in Real Property
| Contractor Deliverables |
| CIP in PDF format with digital signature of individual performing inspection and interview for each acquisition identified. |
This task is for properties that are identified as needing to be acquired. Task is to physically inspect and conduct an inquiry with the landowner for interest in land not of public record (e.g., unrecorded easements, leases, liens not yet filed on record, occupants, adverse possession, boundary encroachments, etc.). Non-title related matters of concern may also be identified during the inspection and interview process that may include findings such as of environmental contamination, presence of cultural resources, and historical buildings.
· As part of this inspection and landowner interview, a CIP will be filled out and signed by the Contractor.
· The CIP must be complete to the extent known and in accordance with the Attorney General’s Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016).
· The landowner interview shall educate the landowners about the specific project and benefits, as well as provide Project Fact Sheet, Federal Land Acquisition Fact Sheet, and a Q&A Fact Sheet.
· A physical inspection, landowner inquiry, and CIP are to be completed during the pre-acquisition phase and then again at or just before closing.
· A walk of the proposed acquisition shall be completed to visually inspect the area and document interests in lands identified that are not of public record, confirm known encumbrances of public record, and non-title related matters of concern.
· Contractor shall request Disclaimers of Interest when appropriate from occupants identified.
Task #3: LLDs, Surveys, and Map Exhibits
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
Parcel identifications and areas for acquisition.
| Estimated Time to Complete |
| Eight weeks. |
| GFM |
| Maps and general descriptions of areas to be acquired. |
| Contractor Deliverables |
| Original hard copies of the signed and sealed surveys, map exhibits, and LLDs. |
Scanned digital copies (in PDF format) of all completed surveys, map exhibits and LLDs.
GIS shapefiles for each parcel to be acquired.
· All LLDs, surveys, and map exhibits shall be sealed and signed by a surveyor certified within the State the acquisition is to take place and be acceptable to be recorded in the County records. Reclamation task orders may occasionally require a Certified Federal Surveyor (CFedS).
· The map exhibits shall meet the State’s requirements for map exhibits and shall be stamped and signed by a State-Certified or CFedS surveyor.
· For acquisitions, the alignment and desired width will be provided to create the map exhibits and LLDs.
· The Contractor shall provide a Geographic Information System (GIS) shapefile of each parcel to be acquired.
· The Contractor shall provide CAD files of each parcel to be acquired.
· Each property will have a certificate of survey filed and recorded with the county of location.
· Additional requirements for surveys may be contained in the project’s Land Acquisition Plan.
Task #4: Appraisal DOI requires the use of the Department’s AVSO, so the Contractor shall not be asked to provide appraisals. Appraisals can take 6 or more months to complete for each property.
· Appraisals are generally confidential as dictated by Federal regulations.
Task #5: Title and Escrow Services
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
| Estimated Time to Complete |
| Six weeks to obtain initial title commitment. |
| GFM |
| None |
| Contractor Deliverables |
| · Title Insurance Commitment |
· Copies of all title exception documents
· Title Insurance Policy
· Escrow Services
· All documents shall be provided in PDF format.
· If a mortgage or lien is identified, a curing document is provided by the mortgage/lien owner (i.e., consent or waiver).
The Contractor may be asked to facilitate title and escrow services for some projects. This task requires that the title company hold membership with the American Land Title Association (ALTA). Title must meet the standards in the Attorney General’s Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016). The title company must be able to perform title work in the County in which the land parcels are located. The title company must be able to provide the following services:
Title Insurance Commitment must:
· Encompass the interests in real property to be acquired by the United States.
· Disclose the full name of every person and entity in whom title to any interest to be acquired by the United States is vested, as shown by the public land records or otherwise known to the insurer.
· Identify all documents affecting any interest to be acquired by the United States (e.g., liens, easements, rights-of-way, affirmative and restrictive covenants, and competing records of ownership) revealed by the records search. Exceptions from coverage for these interests must specifically identify each holder.
· Provide addresses for all parties having or claiming any interest to be acquired by the United States if disclosed by the public records or known to the insurer. This will facilitate service of process if condemnation is needed to acquire title.
· Include complete, legible copies or accurate transcriptions of all recorded instruments listed in the title insurance commitment as affecting any interest to be acquired by the United States.
· Identify all local taxing authorities, including lien due dates for each and amounts for all assessments that have not been paid as of the date of the commitment. The acquiring agency or reviewing attorney must obtain this information from other sources if it is omitted.
· Allow sufficient time for completion of acquisition by the United States without expiring and requiring purchase of a new commitment. A commitment with no expiration date is preferable. Allow for updates prior to closing if the United States deem it advisable to address a lapse in time.
· Name the United States of America as the proposed insured and identify the title insurance policy form to be issued is the ALTA U.S. Policy 9-28-91 (revised 12-3-12).
· Title to every property to be acquired by the United States must be cleared of liens and defects, and determined sufficient before the United States may take ownership. Any identified mortgages, liens, or tax liens shall be cleared before policy. Prior to closing, the United States must confirm with the title company that any changes to the commitment requested by the United States are acceptable.
Title Policy: Title insurance policy is on form ALTA U.S. Policy 9-28-91 (revised 12-3-12). Policy is acceptable to the United States.
Closing: Recording of the deed to the United States and any other documents necessary to convey clear title to the interest in the public land records and updating the record search from the date of the title insurance commitment.
Escrow Agent: An escrow account will be maintained by the title company and may be used to facilitate conveyance of the deed and payment of funds to sellers and any lienholders.
Task #6: Pre-Acquisition Environmental Site Assessment (PA-ESA)
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
LLD and map exhibit.
| Estimated Time to Complete |
| Five weeks. |
| GFM |
| None |
| Contractor Deliverables |
| PA-ESA reports in PDF format for all acquisitions and permitted lands within two (2) weeks of valuations being approved by AVSO. |
· PA-ESAs shall be completed in accordance with DOI 602 DM 2 and in compliance with All Appropriate Inquiry (AAI) practices, unless a deviation is explicitly approved by the COR.
· PA-ESAs expire after six (6) months if not renewed for another six (6) months, not to exceed one (1) year. May require updating to ensure a valid PA-ESA is available at closing. Contractor shall ensure a valid PA-ESA is in place at closing.
· An Environmental Professional (as defined in ASTM Standards) shall oversee work completed under this task.
· One report can cover all properties or individual reports can be completed for each property.
· Contractor shall review the final product to ensure inclusion of all lands as appropriate.
· Final product shall be a Phase One Environmental Assessment meeting ASTM Standard E1527-21 or E2247-23 (or most recently enacted standard) and shall include an opinion, conclusion, and recommendation for further analysis as outlined in Section 12 of the appropriate standard.
Task #7: Draft Administrative Determination (AD) to Acquire
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
Completion of all title evidence compliance materials.
| Estimated Time to Complete |
| One week. |
| GFM |
| Reclamation can provide examples of ADs |
| Contractor Deliverables |
| Drafted AD in MS Word format (ready for signature). |
The Authorized Official will need to sign the AD to acquire the parcel. The Authorized Official is an employee of the Federal Government with specific delegated authority to sign this document. This determination will document acceptable title exceptions and any other restrictions on the negotiation process.
· This document shall be drafted by the Contractor, and any changes or addendums as requested by the Solicitors may need to be made before and/or after Pre-Acquisition Title Opinion (PTO) is issued.
· The COR will provide the Contractor with the necessary information on the specific individual who will serve as the Authorized Official.
· The AD shall be specific to a parcel or parcels being acquired.
Task #8: Draft and Make Offer of Just Compensation
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
| Estimated Time to Complete |
| Three weeks. |
| GFM |
| Offer package templates |
| Contractor Deliverables |
| Copies of offers, transcripts of communications with landowners, and Draft Report of Negotiations (all in PDF format). |
The Contractor shall prepare the formal written offer to the landowner and begin the negotiation process. The written offer package must be reviewed and approved by the Solicitor’s Office and is subject to a valid Title Opinion from the Solicitor’s Office.
· The initial offer shall be at the appraised value. Landowners shall receive a written offer (purchase agreement) and reasonable time to consider the offer.
· This letter must include a summary statement in accordance with 49 CFR 24.102(e).
· An Initial Offer to Acquire shall be presented to the owner or the owner’s representative, preferably in person or by certified mail or commercial courier with written delivery confirmation. The initial offer shall include (as applicable) the following documents:
· Offer letter.
· Summary Statement of Just Compensation.
· Land Purchase Contract.
· Warranty Deed.
· Contract and Grant of Easement.
· Temporary Easement Agreement.
· Title Evidence/Commitment detailing requirements to insure title, only when there is a title issue requiring the landowner to address.
· Tenant Release of Interest in real property acquired.
· Damage Waiver and Release.
· Crop Damage Appraisal Form.
· Plan Sheet showing the location of the taking.
· Federal Land Acquisition brochure explaining acquisition program.
· Financial Business Management System (FBMS) Customer Request Form (for electronic payment) if the closing will not be conducted by a title company.
· Self-addressed, postage prepaid return envelope.
· The foregoing documents must have sufficient information so the owner can make a reasonable judgment concerning the offer amount. The following is the minimum information that shall be included in said offer documents.
· Amount established as just compensation, including a written explanation of the basis for the offer and, if applicable, the amount of damages and/or benefits to the remainder. Compensation offered for the real property to be acquired and for damages to the remaining real property shall be separately stated.
· A description and location identifying the real property and interest in the real property being acquired. The description shall include both legal descriptions and graphical representation that is understandable to the owner.
· Identification of buildings, structures, chattel, and other improvements (including removable buildings, equipment, and trade fixtures) considered to be part of the real property to be acquired. Where appropriate, the statement shall identify any separately held ownership interest in the property, (e.g., a tenant-owned improvement), and indicate that such interest is not covered by the offer.
· For each parcel, a Draft Report of Negotiations will be prepared to document and notify Reclamation of all offers that are presented to the landowner on behalf of the United States. The report must include at minimum: the dates of the offers, the offer amounts, the methods of offers, any materials provided, any initial reactions, any concerns presented, and a summary of the conversations. The report shall enable Reclamation to track all previous offers and when analyzed with other reports of negotiations of other parcels, identify best practices that effectively communicated the offers as well as resulted in an acceptance of offers. This report will become part of the official acquisition file and will be updated after negotiations (Task 9).
Task #9: Negotiations
| Prerequisite(s) |
| Approval from the COR to proceed with this task. Written approval from the Regional Realty Officer to negotiate on behalf of the United States. |
Initial offer completed.
| Estimated Time to Complete |
| 3 months. |
| GFM |
| Project Fact Sheet |
Federal Land Acquisition Fact Sheet Q&A Fact Sheet.
| Contractor Deliverables |
| Updated Report of Negotiations. |
Negotiations are based on a negotiation strategy approved by Reclamation. Reclamation shall approve increments/conditions that the negotiator can work within. Negotiation shall follow the requirements found in 49 CFR 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (Uniform Act). Negotiation can be completed by a third party; however, any negotiator must have written permission from Reclamation’s Regional Realty Officer providing approval to negotiate on behalf of the United States.
· Contractor shall ensure landowners are adequately informed and educated on the federal project, federal land acquisitions process, landowners’ rights, and condemnation authority when applicable. This shall include providing landowners with, at a minimum, the Project Fact Sheet, Federal Land Acquisition Fact Sheet, and Q&A Fact Sheet.
· Any deviations from an acquisition plan will be approved by Reclamation before commitments are made. Any commitment made by the negotiator on behalf of the United States, and agreed to by the landowner, should be documented in a negotiator’s report. The documentation should provide management staff with sufficient information to ensure that commitments and promises can be fulfilled.
· Each offer package shall be written, and the landowner must be provided reasonable time to consider the offer. If an agreement has not been reached within a reasonable number of contacts with the landowner, the Contractor shall provide Reclamation a written or verbal estimate of time and dollar amount to secure the acquisition. Reclamation will determine to continue or discontinue negotiations, or commence a condemnation action.
· Obtain copies of any vesting or other needed documentation from the landowner for title clearing purposes.
· Obtain landowner signatures on conveyance documents and have signatures notarized. Contractor should have local notary certification.
· The Draft Report of Negotiations (Task 8) shall be updated to include all contacts made to landowner and narratives of the contacts, as well as reflect the final offer and purchase contract (Task 11).
Task #10: Relocation Services
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
| Estimated Time to Complete |
| Eight Months. |
| GFM |
| DOI template forms, as needed. |
| Contractor Deliverables |
| · Monthly Coordination Reports. |
· Meeting Minutes.
· Correspondence.
· Logs of all contact with displaced persons, including date, time, place, topic of discussion, specific information shared, and any agreements made.
· Final Coordination Report.
Provide relocation assistance for lawful occupants in accordance with the Uniform Act; Federal and State laws and regulations; and Reclamation Directives and Standards.
· Evaluate Eligibility—The Contractor shall perform a comprehensive evaluation of those persons, hereafter known as lawful occupants, within the Project Area to determine their eligibility for federal relocation benefits based on the federal agency’s intent to acquire real property and using the rules promulgated to implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et seq., Uniform Act).
· General Information Notice—As soon as feasible, the Contractor shall provide to lawful occupants who may be permanently displaced or required to move temporarily, a General Information Notice with a description of the federal relocation program, important timelines, the right to appeal, and available resources required in the Uniform Act.
· Notice of Intent to Acquire—As soon as feasible, the Contractor shall provide a Notice of Intent to Acquire to lawful occupants, which clearly sets forth that the federal agency intends to acquire the property. A Notice of Intent to Acquire establishes eligibility for relocation assistance and identifies those persons, hereafter known as eligible persons, who will be permanently displaced or required to move temporarily and are eligible for relocation benefits.
· Notice of Relocation Eligibility—The Contractor shall notify eligible persons of their available relocation benefits beginning on the date occurring earliest: the date of a Notice of Intent to Acquire, the initiation of negotiations, the date that an agreement for voluntary acquisition has been reached (i.e., when there is a binding written agreement between the federal agency and the property owner that obligates the agency, without further election, to purchase the real property), or an actual acquisition.
· Initial Advisory services—The Contractor shall provide lawful occupants residing in the project area an opportunity to discuss their relocation eligibility, the needs and preferences of eligible persons, including business needs of eligible persons, and explain the relocation payments and other available assistance for eligible persons and the procedures for obtaining such assistance. The information shall include availability, purchase prices, and rental costs of suitable properties and locations. The Contractor shall assist any eligible person displaced from a business or farm operation in obtaining and establishing a suitable replacement location. Wherever feasible, the Contractor shall provide lawful occupants not eligible for relocation benefits with advisory services for available assistance not covered under the Uniform Act, such as Federal and State housing programs, disaster loan and other programs administered by the Small Business Administration, and other Federal and State programs offering assistance to displaced persons, and technical help to persons applying for such assistance.
· Ninety Day Notice of Requirement to Move—The Contractor shall provide Notice of Requirement to Move no less than 90 calendar days before any lawful occupant is required to move, regardless of eligibility for relocation benefits. The 90-day notice shall either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant will receive a further notice indicating, at least 30 days in advance, the specific date by which he or she must move. Notices shall be sent via a recognized delivery service, such as United Parcel Service (UPS), Federal Express (FedEx), or United States Postal Service (USPS), with a record of the delivery.
· Thirty Day Notice of Requirement to Move—The Contractor shall provide another Notice of Requirement to Move to occupants 30 calendar days before the exact date by which the property must be vacated and/or personal property removed as needed. Notices shall be sent via a recognized delivery service, such as UPS, FedEx, or USPS, with a record of the delivery.
· Failure to Move—The Contractor shall notify Reclamation immediately, through the COR, if persons that have been provided written notice have not moved after the 30-calendar day written notice expires.
· Continuing Advisory Services—The Contractor shall provide current and continuing information on the availability, purchase prices, and rental costs of suitable properties and locations, if applicable. The Contractor shall supply eligible persons with appropriate information concerning Federal and State housing programs, disaster loan and other programs administered by the Small Business Administration, and other Federal and State programs offering assistance to displaced persons, and technical help to persons applying for such assistance.
· Processing Assistance—The Contractor shall prepare any necessary bid documents (moving documents), and claim forms including, but not limited to RES-540, Move Expense Agreement – Residential; DI-381, Claim for Relocation Payments – Residential; and DI-382, Claim for Relocation Payments – Nonresidential for eligible persons’ moving and related expenses, for Reclamation review and final approval.
· Processing Relocation Forms and Replacement Housing Payments—The Contractor shall determine the amount of replacement housing payments for eligible persons and compute increased interest payments. The Contractor shall provide proof of eligibility and amount of replacement housing payments for Reclamation’s consideration and final approval.
· Neither generalized nor detailed estimates shall be shared formally or informally with eligible persons before they have been vetted and approved by Reclamation.
· After the Contractor submits the approved request for relocation payments to the eligible persons, they shall ensure proper communication with the United States and the eligible persons to identify payment date. The Contractor shall verify that the eligible persons receive the funds.
· The Contractor shall advise eligible persons in writing of the procedure, process and filing deadlines to appeal any decision made by the United States for a relocation assistance claim. The Contractor shall appear before the Office of Hearings and Appeals, as needed.
· Expert Witness Testimony—The Contractor shall provide expert witness testimony in eminent domain proceedings and be available for pre-hearings or pre-trial meetings if necessary. Reclamation will negotiate payment for travel and appearances at the time a need for expert witness is identified.
· Monthly Coordination Reports and Work Materials—The Contractor shall provide monthly coordination reports to Reclamation, attend meetings as scheduled by Reclamation, compile and distribute meeting minutes within one week of each meeting, maintain project records such as correspondence and documentation of contacts with eligible persons, and provide all work materials on relocations to Reclamation upon request.
· Final Coordination Report—The Contractor shall provide a final coordination report to include all milestones, minutes, and summaries of project records and work materials at File Close-Out.
Task #11: Draft and Receive Grantor Signature on Land Purchase Contract and Deed
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
Negotiations completed.
| Estimated Time to Complete |
| Two weeks. |
| GFM |
| Land Purchase Contract and Deed template(s). |
| Contractor Deliverables |
| An original signed Purchase Agreement and a PDF of the signed Land Purchase Contract and Deed |
This is the contract between the landowner and the United States documenting the final purchase price.
· A Land Purchase Contract and Deed shall be drafted and signed by both parties.
· Once the Land Purchase Contract and Deed is fully executed, a copy shall be provided to the landowner.
Task #12: Pre-Acquisition Package Development
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
Signed Purchase Agreement.
| Estimated Time to Complete |
| Two weeks. |
| GFM |
| Template of Letter for Solicitors Request. |
| Contractor Deliverables |
| Bookmarked PDF of each parcel’s acquisition package containing cover letter, landowner-signed land purchase contract and deed, Title Insurance Commitment, CIP, PA-ESA, Vesting Deed, all encumbrances, Mortgage Consents, and other pertinent documents to identify owners and/or signing authority. |
This task is creating the acquisition package. It is to be completed parcel by parcel and must be reviewed and signed by Reclamation. Each parcel shall be individually compiled, using a provided cover letter template.
· Contractor shall draft the cover letter to the Solicitor’s Office and compile all necessary attachments.
Task #13: Pre-Acquisition (Preliminary) Title Opinion (PTO) The PTO will be issued by the DOI Solicitor’s Office, so the Contractor shall not be asked to complete this task. Current workloads estimate a PTO takes approximately one (1) month to complete.
Task #14: Title Curative Action
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
| Estimated Time to Complete |
| Depends on encumbrance. |
| GFM |
| None |
| Contractor Deliverables |
| A curative action for each encumbrance identified where curative actions are needed, including cost estimates for any encumbrance identified. |
This task includes the actions needed to cure objections in the title that may interfere with the United States’ use. This task includes planning any actions needed to cure objections in the title that may interfere with the United States’ use. If required, this shall include planning for relocating utilities.
· The Contractor shall review the Solicitor’s Objections and Requirements and plan and complete curative actions as necessary. This will include working with the Title company to clear any clouds on title identified by the Solicitor.
Task #15: Closing
| Prerequisite(s) |
| Approval from the COR to proceed with this task. |
| Estimated Time to Complete |
| Seven weeks. |
| GFM |
| None |
| Contractor Deliverables |
| Arrange closing, document recording, and procurement of Title Insurance Policy. |
Original recorded acquisition document and original Title Insurance Policy with a PDF copy of both.
This task includes payment (could be through title company), the recording of the acquisition document, and the issuance of the Title Insurance Policy.
· Upon completing any necessary work to cure title, finalizing the transaction is needed.
· Contractor shall provide closing instructions to the title company or closing agent.
· Payment of the actual price shall be provided to closing company ahead of closing. This must be coordinated through Reclamation and can take up to 45 days to process.
·…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .