Request for Proposals (RFP)

For

Land Acquisition Real Estate Title and Closing Services

RFP 2022002

Procurement Officer:

Sabina Flanagan Purchasing Analyst, Department of Environmental Protection Bureau of General Services - Procurement Section

3800 Commonwealth Blvd., MS #93 Tallahassee, FL 32399-3000

Email: sabina.flanagan@FloridaDEP.gov

Land Acquisition Real Estate Title and Closing Services

Rev. 6/11/2021

Table of Contents 1 Introduction

1.1 Solicitation Objective

1.2 Background and Program Information

1.3 Anticipated Contract Term & Renewals

1.4 Definitions

1.5 Draft Contract

1.6 Procurement Officer

1.7 Special Accommodations

1.8 Timeline of Events

1.9 List of Attachments and Forms

2 RFP Process

2.1 Vendor Responsibilities

2.2 Who May Respond

2.3 Overview of the RFP

2.4 Conformance to Requirements

2.5 Limitation on Vendor Contact with Agency During Solicitation Period

2.6 Addenda/Amendments to the RFP

2.7 Contract Formation

2.8 Disclosure of Response Contents

2.9 Withdrawal of Responses

2.10 Administrative Cure Process

2.11 Clarification Process

2.12 Information from Other Sources

2.13 Firm Response

2.14 Right to Reject

2.15 Cancellation, Non-Award, and Withdrawal

2.16 Misrepresentations

2.17 Licensure & Registration

2.18 Replacement and Alternate Responses

2.19 Exclusivity

2.20 Diversity

2.21 Bid Protests

3 Response Instructions

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

3.2 Pre-Response Conferences and/or Site Visits

3.3 Submission of Responses

3.4 Response Content Requirements

3.5 Economy of Presentation

3.6 Confidential Response Materials and Redacted Submissions

4 Scope of Work

4.1 Scope of Work

4.2 Contractor Responsibilities

4.3 Department’s Responsibilities

4.4 Work Assignment Process

5 Evaluation Criteria

5.1 Evaluation of Volume I, Past Performance

5.2 Evaluation of Volume II, Technical Response

5.3 Evaluation of Volume III, Price Sheet

5.4 Available Points

5.5 Compilation of Evaluation Scores

6 Award

6.1 Basis of Award

6.2 Award Preferences for Equal Scores (Ties)

6.3 Recommendation of Award

6.4 Posting of Decision

6.5 Execution of Contract

6.6 Failure to Perform the Contract

1 Introduction The Florida Department of Environmental Protection (the Department or DEP) hereby issues this Request for Proposals (RFP) to contract for Land Acquisition Real Estate Title and Closing Services. The Solicitation will be administered through the Vendor Information Portal (VIP). Respondents interested in submitting a Response must comply with all of the terms and conditions described in this RFP.

1.1 Solicitation Objective

The Department intends to enter into a contract using the Attachment 1, Draft Contract, for Land Acquisition Real Estate Title and Closing Services, hereby incorporated by reference. The Department intends to make a multiple award of up to 3 Contracts, however the Department reserves the right to award to one Respondent or multiple Respondents, or to make no award, as determined to be in the best interest of the State.

1.2 Background and Program Information

The Department of Environmental Protection, Division of State Lands, is requesting proposals from qualified vendors to provide land acquisition real estate title and closing services, which includes, ownership and encumbrance (O&E) reports, title search reports, title commitments, title searches, search updates, title policies, closings and other related acquisition services for land acquisition and land management projects for the State of Florida on a Task Assignment basis. These services may include preparation of title insurance commitments, title search reports, and O&E reports for parcels of land which are either 1) under consideration for purchase by the Department or 2) under contract for purchase by the Department; and closing activities and other related services. Title insurance services include compilation of project specifications and recommendations for research; office work necessary for preparation of title search reports, title commitments, title insurance policies and O&E reports;

general title research; updates to title insurance commitments, title search reports, and O&E reports;

endorsements; products for tax deed sales and opportunity purchases (quick response purchases services); and real estate closings needed for land acquisition and land management by the Department.

The approximate value of the Department’s utilization of these services, excluding the land purchase value, over the last twelve (12) months is approximately $1.8 million.

1.3 Anticipated Contract Term & Renewals

The initial term of the Contract will be five (5) year(s) with up to five (5) renewal year(s). At the discretion of the Department, the Contract may be renewed subject to the terms and conditions specified in the Contract.

1.4 Definitions

The “General Contract Conditions” Form PUR 1000 (PUR 1000) and “General Instructions to Respondents” Form PUR 1001 (PUR 1001), found in Rule 60A-1.002, Florida Administrative Code (F.A.C.), are hereby incorporated by reference and can be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references _resources/state_purchasing_pur_forms. The following definitions apply to this RFP:

Business Days - Monday through Friday, inclusive, except for State government holidays.

https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms

Confidential Information - Any documents, data, or records that are confidential and not subject to disclosure pursuant to Chapter 119, Florida Statute (F.S.), the Florida Constitution, or any other authority.

Contract - The agreement that results from this competitive procurement, if any, between the Department and the Contractor.

Contractor(s) - The Respondent(s) that will be awarded a Contract pursuant to this Solicitation.

Respondent – an entity that submits a Response to this RFP.

State - The State of Florida.

1.5 Draft Contract

Awarded Respondent(s) must provide the contractual services sought by this RFP in accordance with the terms, conditions, and Scope of Work detailed in the Draft Contract. All Respondents should carefully review the Draft Contract prior to submission of a Response. Any questions related to the Draft Contract should be submitted as a formal question in accordance with the instructions contained in this RFP.

1.6 Procurement Officer

The Procurement Officer is the Department’s sole point of contact for information regarding this RFP from the date of release until an Agency Decision is posted on the VIP. Violation of this provision may be grounds for rejecting a Response.

Refer ALL inquiries in writing to the Procurement Officer by email. Responses to timely questions posed to the Procurement Officer will be posted on the VIP, at https://vendor.myfloridamarketplace.com/ in accordance with Section 2.3.1.2 below.

The Department will not talk to any Respondents or their agents regarding a pending solicitation.

Questions will NOT be answered via telephone.

1.7 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Procurement Officer. Requests for accommodation for meetings must be made at least five (5) Business Days prior to the meeting.

1.8 Timeline of Events

The following schedule will be strictly adhered to in all actions relative to this Solicitation. The Department reserves the right to modify this schedule and will notify participants in the Solicitation by posting an addendum to this Solicitation on VIP. It is the responsibility of the Respondent to check VIPon a regular basis for such updates.

Event Date Time* Location/Method

RFP Advertised 6/14/22 N/A Vendor Information Portal

Questions Due 6/21/22 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

6/28/22 Vendor Information Portal

Responses Due 7/12/22 3:00 PM Department of Environmental Protection DEP Procurement Section, Room 215 https://vendor.myfloridamarketplace.com/

3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000

Public Opening 7/13/2022 10:00 AM

Teleconference by calling 888.585.9008

Conference Room Number 617.871.258.

The number will be active 5 minutes before the meeting.

References Contacted Between: Telephone and/or Email 7/25/22 7/29/22

Award Date (Anticipated) On or about:

8/15/22 Vendor Information Portal

*All times are Eastern Time Zone.

1.9 List of Attachments and Forms

The Attachments, Exhibits, and Forms below are incorporated by reference. Copies of these documents are available in the VIP advertisement that accompanies the RFP posting. If a Form requires electronic completion or filling in, such as a Microsoft Excel spreadsheet, an electronic copy can be obtained by contacting the Procurement Officer.

Attachment Title 1 Draft Contract 2 Past Performance Evaluation Form 3 Rebate or Credit Percentage Evaluation Scale

Form Title A Business Response Form B Foreign State Preference Opinion Form C Client Reference Form D Price Sheet E Award Preference Form

2 RFP Process

2.1 Vendor Responsibilities

Vendors should carefully read the entire RFP, all attachments, and any addenda before submitting a Response. Vendors interested in submitting a Response must comply with all instructions, terms, and conditions of this RFP to be considered for Award.

Vendors are responsible for understanding all terms and conditions of this RFP, its attachments, addenda, and proposed resulting Contract. If a Vendor does not understand these requirements, Vendor should submit formal questions to the Department in accordance with Section 2.3.1.2.

2.2 Who May Respond

Vendors who possess the financial capability, experience, and personnel resources described in this RFP are invited to submit Responses. Vendors on the Convicted, Suspended, Discriminatory Vendor List(s), the Antitrust Violator Vendor List(s), and/or the Scrutinized List(s) of Prohibited Companies may not submit a Response.

2.3 Overview of the RFP

The RFP is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. The RFP process involves three phases: Solicitation, Minimum Mandatory Requirement Review and Evaluation.

2.3.1 Solicitation Phase

2.3.1.1 Pre-Response Conference and Site Visit (If Applicable) The Department may hold an optional or mandatory pre-response conference or site visit as part of the process as indicated in Section 3.2.

Anyone attending a pre-response conference or site visit is required to register their attendance in a means provided by the Department at the time and location of the meeting. Respondents who fail to attend or who are not represented at a mandatory conference or site visit will be determined Non- Responsive.

Note: Any answers to questions given at any conferences or site visits are not binding and do not alter the RFP. Only questions submitted in accordance with the instructions below and answered on the VIP are considered binding.

2.3.1.2 Question and Answer Period

Respondents may submit questions regarding the terms, conditions, and requirements of the RFP to the Procurement Officer via email by the deadline listed in the Timeline, Section 1.8 of the RFP.

Questions will not constitute a formal protest of the specifications or of the Solicitation. Answers to questions will be posted on the VIP.

All emails shall have the Solicitation number in the subject line. The Department recommends that questions be submitted in the following format:

RFP Section RFP Page # Question

2.3.1.3 Submission of Responses

Once the Department posts the answers to the questions, Respondents may begin submitting Responses as indicated in Section 3.4; however, Respondents are encouraged to submit their Responses no earlier than five (5) days prior to the submission deadline. Responses must be submitted by the deadline listed in the Timeline above.

2.3.1.4 Public Opening

The Department will open the Responses in a public meeting at the date, time, and location noted in the Timeline, Section 1.8. The Procurement Officer will review the entire Response to ensure that all required volumes were timely submitted, however prices will not be read aloud at the public opening.

2.3.2 Minimum Mandatory Requirement Review Phase

2.3.2.1 Administrative Review

All responses will be reviewed by the Procurement Officer to ensure that Responses contain all mandatory Forms and are complete. Complete Responses will be sent to the Evaluation Team for their qualitative review.

2.3.2.2 Responsibility Review

The Department will review the Responsibility section of the Respondent’s Business Response Form, Form A, for affirmative responses and attached documentation, if any. Answers in the affirmative are not, in themselves, grounds for declaring a vendor as Non-Responsible; the Department may seek additional clarification and decide whether the circumstances of the case warrant declaring a Respondent Non-Responsible. Respondents deemed Non-Responsible are not eligible for Contract Award.

2.3.3 Evaluation Phase

2.3.3.1 Technical Response Evaluation

The Department will evaluate Responses from responsive and responsible Respondents that meet the Minimum Mandatory requirements listed in Form A, Business Response Form, and provide the documentation required in this Solicitation. All Respondents and Responses that meet the minimum mandatory requirements reviewed by the Procurement Officer will be evaluated according to the Evaluation Criteria in Section 5. Each evaluation team member will work independently using the Evaluation Criteria contained Section 5, to review and score Respondent’s Technical Response. Upon completion of the Technical Response evaluation, the evaluators will submit their scores to the Procurement Officer for tabulation.

A Respondent’s Response is the only material which will be considered by the evaluators. No oral or written representations, prior conversations, meetings, projects, or outside information, other than what is specifically requested to be in a Response, will be considered by the evaluators.

2.3.3.2 Past Performance

The Respondent’s references will be contacted by the Department by telephone during normal working hours (8:00 AM - 5:00 PM) as indicated in the Timeline. The Department will make up to two (2) attempts to call before making one attempt to contact the references by email. If the contact person cannot be reached following the three (3) attempts, or if the Respondent fails to provide a reference, the Respondent will receive a score of zero (0) for that reference.

2.3.3.3 Price Sheet Evaluation

The Procurement Officer will review the Price Sheet and apply the scoring criteria as contained in the Evaluation Criteria in Section 5.

2.3.3.4 Compilation of Scores

After the evaluation phase, the Procurement Officer will compile the final evaluation scores and use them to develop the recommendation of award.

2.4 Conformance to Requirements

In order to be considered for Award, Responses submitted to the Department must conform in all material aspects to the requirements included in this RFP. Responses failing to conform in all material aspects to the requirements included in this RFP are Non-Responsive and are not eligible for Award, at the sole discretion of the Department.

2.5 Limitation on Vendor Contact with Agency During Solicitation Period Respondents to this Solicitation or persons acting on their behalf may not contact, between the release of the Solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this Solicitation, except in writing to the Procurement Officer or as provided in the Solicitation documents. Violation of this provision may be grounds for rejecting a Response.

2.6 Addenda/Amendments to the RFP

The Department reserves the right to modify this RFP by issuing addenda and/or amendments. All changes to the RFP will be made through addenda or amendments posted on the VIP. It is the responsibility of the Respondent to check for any changes on the VIP. Issuance of written Addenda and/or amendments is the only method by which a solicitation may be modified.

2.7 Contract Formation

The Department will issue a notice of award, if any, to successful Respondent(s). No contract shall be formed between the Department and the awarded Respondent until both parties sign the Contract. The Department will not be liable for any costs incurred by a Respondent in preparing or producing its Response or for any work performed before the Contract is effective.

The Contract will consist of the Draft Contract as attached, which will incorporate the Scope of Work/Technical Specifications, below in Section 4, relevant portions of the Response submitted by the awarded Respondent (if any), and the Price Sheet submitted by the awarded Respondent. If there is any discrepancy between the Scope of Work/Technical Specifications and the incorporated relevant portions of the Response, the terms most favorable to the Department shall prevail.

The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Response, except those identified in the Contract. The Respondent shall bring any perceived inconsistencies among any of the provisions of the RFP and its attachments to the attention of the Department prior to the submission of its Response. At any time during the Solicitation, the Department may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract. The Contract that results from this Solicitation will be posted on the Florida Accountability Contract Tracking System (FACTS) website in accordance with section 215.985, F.S., “Transparency Florida Act.”

2.8 Disclosure of Response Contents

All documentation produced as part of the RFP will become the exclusive property of the Department and will not be returned to the Respondent unless it is withdrawn prior to the Response opening in accordance with Section 2.9. Once the Procurement Officer opens the Response, the Response may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), F.S.

2.9 Withdrawal of Responses

The Respondent may withdraw or modify a Response at any time prior to the due date by submitting a request to the Procurement Officer.

2.10 Administrative Cure Process

In the interest of maximizing competition, the Response qualification and cure process seeks to minimize, if not eliminate, Respondent disqualifications resulting from nonmaterial, curable deficiencies in the Response that are identified in the Minimum Mandatory Review Phase. Therefore, the Department may, in its sole discretion, notify Respondents whose qualifying information or documentation does not meet the requirements of the RFP and allow for the correction of errors and omissions prior to making a final determination of responsiveness. Timely cures made pursuant to this section will be accepted by the Department.

2.11 Clarification Process

The Department may request clarification from the Respondent for the purpose of resolving ambiguities or questioning information presented in the Response. Clarifications may be requested throughout the Solicitation process. The Respondent’s answers to requested clarifications must be in writing and must address only the information requested. Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department in the requested clarification.

2.12 Information from Other Sources

The Department reserves the right to seek information from outside sources regarding the Respondent, the Respondent’s offerings, capabilities, references, and the Respondent’s performance, if the Department determines that such information is pertinent to the RFP. The Department may consider such information throughout the Solicitation process including, but not limited to, determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Department engaging consultants, subject matter experts, and others to ensure that the Department has a complete understanding of the information provided pursuant to the Solicitation.

2.13 Firm Response

The Department may make an award within one hundred and eighty (180) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within one hundred and eighty (180) days, the Response shall remain firm until either the Department awards the Contract, or the Department receives from the Respondent written notice that the Response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected.

2.14 Right to Reject

The Department may reject any Response not submitted in the manner specified by the Solicitation documents. Respondents whose past performance, current status, or Response does not reflect the capability, integrity, or reliability to fully, and in good faith, perform the requirements of Contract may be rejected as Non-Responsible and are not eligible for Award.

2.15 Cancellation, Non-Award, and Withdrawal

When the Department determines that is it in the best interest of the State, it reserves the right to:

o Cancel this Solicitation.

o Make no Award and reject all responses.

o Withdraw the Solicitation at any time, including after an award is made.

o Withdraw or amend its Notice of Award at any time prior to execution of a contract, including, but not limited to situations in which the Contractor(s) fails to execute the contract.

o Re-procure services.

2.16 Misrepresentations

All information submitted, and all representations made, by the Respondent in a response may be relied upon by the Department in determining Responsibility of a Respondent for Award. Any misstatement or omission, whether intentional or not, may be treated by the Department as a fraudulent concealment of the true facts relating to the Response. Such misrepresentation will be a basis for the Department to disqualify the Respondent as Non-Responsible, and bar the Respondent from participation in any re-solicitation pertaining to this subject matter (regardless of whether the re-solicitation resulted from Respondent’s misrepresentation) and may be punishable under law, including, but not limited to, Chapter 817, F.S.

2.17 Licensure & Registration

Prior to the execution of a Contract, the selected Respondent must be properly licensed to do business within the State, and all entities must be appropriately registered with the Florida Department of State, if required by federal or state law.

2.18 Replacement and Alternate Responses

The Department will only consider one (1) Response per Respondent, unless otherwise indicated in Section 3. Respondents may submit revised Responses at any time prior to the Response Due Date as specified in the Timeline of Events. Revised Responses must include a statement, signed and dated by an Authorized Signatory, withdrawing all prior Responses from the Respondent. Alternate commodities and/or contractual services may be proposed only if permitted in accordance with the instructions contained in this Solicitation. The Department is under no obligation to consider alternate commodities and/or contractual services to those requested in this Solicitation if not specifically requested as part of a Response and may reject a Response making such offers as Non-Responsive.

2.19 Exclusivity

This Solicitation will not result in an exclusive license to provide the commodities and/or contractual services described in this Solicitation or the resulting Contract. The Department may, in compliance with applicable laws, contract with other vendors to provide the same or similar commodities and/or contractual services if the Department determines that doing so will serve the State’s best interests.

2.20 Diversity

The State is dedicated to fostering the continued development and economic growth of minority-owned, veteran-owned, and woman-owned businesses. Participation of a diverse group of Respondents doing business with the Department is central to the State’s effort.

The Office of Supplier Diversity (OSD) has been established within the Florida Department of Management Services (DMS) to certify qualifying minority-owned, veteran-owned, and woman-owned business enterprises (CBEs). CBEs are encouraged to participate in the State’s procurement process as both prime Respondents and subcontractors. Non-CBE Respondents are encouraged to partner with CBEs for Contract performance.

2.21 Bid Protests

Failure to file a protest within the time prescribed in section 120.57(3), F. S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

Documents received after normal working hours (Monday-Friday, 8:00 a.m. - 5:00 p.m., Eastern Time) will be filed the following business day.

All filings must be made with the Agency Clerk ONLY and are only considered "filed" when stamped, physically or digitally, by the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

The Agency Clerk's address is:

Agency Clerk, Office of General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard, Douglas Building, MS#35 Tallahassee, Florida 32399-3000 Email: Agency_clerk@floridadep.gov mailto:Agency_clerk@floridadep.gov

3 Response Instructions This section contains the General Instructions and Special Instructions to Respondents. The “General Instructions to Respondents” Form PUR 1001 is incorporated by reference and can be accessed at http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resour ces/purchasing_forms.

The terms of the PUR1001 are controlling for this RFP, except for the following sections, which are inapplicable:

Section 3. Electronic Submission of Responses Responses shall be submitted in accordance with Section 3.4 of this Solicitation.

Section 5. Questions Questions shall be submitted in accordance with Section 2.3.1.2 of this Solicitation.

Section 14. Firm Response.

This paragraph is superseded by Section 2.13 of this Solicitation.

Section 15. Clarifications/Revisions.

This paragraph is superseded by Section 2.11 of this Solicitation.

Section 16. Minor Irregularities/Right to Reject.

This paragraph is superseded by sections 2.10 and 6.1 of this Solicitation.

Section 17. Contract Formation.

This paragraph is superseded by Section 2.7 of this Solicitation.

Section 20. Protests.

This paragraph is superseded by Section 2.21 of this Solicitation.

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

Prior to execution of the Contract by the Department, the Contractor must be registered with MFMP.

Information about the registration process is available on, and registration may be completed at https://vendor.myfloridamarketplace.com/.

Prospective vendors who do not have internet access may request assistance from MFMP Customer Service within DMS.

The following United Nations Standard Products and Services Code(s) (UNSPSC) are provided to assist potential Respondents in their registration efforts:

Code Title 64121513 Title insurance policy 80131700 Escrow and title services 80131701 Title reconveyance services http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms https://vendor.myfloridamarketplace.com/

80131702 Title search services 80131703 Escrow account services

3.2 Pre-Response Conferences and/or Site Visits

The Department will not hold a Pre-Response Conference or a Site Visit.

3.3 Submission of Responses

Respondents shall deliver Responses to the Department’s office designated in the Timeline of Events before the date and time specified. Any Response that is received after the exact time specified in the Timeline of Events is late. Late Responses, as well as Responses submitted through email or by facsimile, are Non-Responsive and will not be evaluated. All Response materials must be packaged so that each box shipped to the Department does not exceed 25 pounds.

Response packages must be marked to show the Respondent's name and address, the Solicitation number, and the date and time Responses are due. If multiple packages are shipped, package sequences (i.e. 1 of 3, 2 of 4, etc.) must also be indicated on the outside of the package.

3.4 Response Content Requirements

Respondent’s Responses must be submitted in hard and electronic copies divided into volumes containing the information specified below:

Volume Name Copies Volume I Business Response One (1) Original Volume II Technical Response One (1) Original Volume III Price Sheet One (1) Original CD/DVD/USB Electronic Copy of Response One (1) copy of each Volume CD/DVD/USB Redacted Electronic Copy of Response (if applicable) One (1) Redacted copy of each Volume

3.4.1 Volume I, Business Response

Respondents must prepare a Business Response volume in the order outlined below.

Volume I Business Response Page Limit Tab A Executive Summary Two (2) Tab B Required Forms None

3.4.1.1 Tab A: Executive Summary

Respondents must prepare and include an Executive Summary that summarizes the key points from the Respondent’s Business and Technical volumes. The Executive Summary must begin with company/division’s street address; and size of business, CBEs status, and a summary of the key points from the Respondent’s Response. If the Respondent is a current or former Contractor to the Department, the Respondent will notify the Department of the contract number and the Department’s contract manager in its Executive Summary.

3.4.1.2 Tab B: Required Forms

Respondents must complete and submit Form A, Business Response Form and, if Respondent’s principal place of business is outside of the State of Florida, Form B, Foreign State Preference Opinion Form.

Respondents must complete Form C, Client Reference Form, for three (3) Clients to whom Respondent has provided commodities and/or contractual services of similar scope and size as those identified in the RFP. The three (3) completed Client Reference Forms shall be attached in this Tab. Respondents shall not list the Department as a reference. Current or former Contracts with the Department indicated in the Executive Summary will not count as one of the three references.

Respondent gives Department permission to contact client references and obtain their opinion of the Respondent’s past performance using the questions listed on Attachment 2. The Respondent acknowledges that Department will record the client’s opinion on Attachment 2, and that the completed form will become a public record.

3.4.2 Volume II, Technical Response

The Respondent must prepare and submit a Technical Response volume detailing their qualifications, capabilities, and a description of the commodities and/or contractual services that they will provide to the Department. The Technical Response must contain complete responses to all items. If a portion of any section is omitted, the Response may be deemed Non-Responsive at the sole discretion of the Department.

Volume II Technical Response Tab A Introduction Tab B Background and Organizational Structure Tab C Qualifications and Experience

3.4.2.1 Tab A: Introduction

Respondents must provide a general description of how the Respondent will accomplish the overall goal of this Solicitation.

3.4.2.2 Tab B: Background and Organizational Structure

Respondents should provide information on the historical background of the Respondent and on the Respondent’s organizational structure. This should include years in operation and years involved in work related to this Solicitation.

3.4.2.3 Tab C: Qualifications and Experience

Respondents should present the qualifications of the Respondent and Respondent’s team. The following topics must be addressed:

a) Each Team member’s experience and examples of qualifications to perform assigned tasks should be outlined, whether engaged on a full or part-time basis, years of title industry experience for each individual, and the organizational structure and management methods as they relate to the requested services. Intended subcontractors’ qualifications should also be included. This includes the resume or curriculum vitae for the proposed project manager and principal point of contact must be provided (not included in page limit);

b) Respondent’s past experience developing a technical plan to perform the real estate title insurance services. This section shall discuss the approach, capabilities and methods to be used in accomplishing the work tasked; the resources and facilities available to the respondent;

proposed timeframes for furnishing products and/or services; and any innovative concepts or techniques to improve the efficiency and effectiveness of providing the products and/or services.

c) Respondent’s experience with providing real estate title insurance services, including but not limited to, ownership and encumbrance (O&E) reports, title search reports, title commitments, title searches, search updates, title policies, closings and other related acquisition services for land acquisition and land management projects; and

d) Respondent’s knowledge of and experience with title searches, title commitments for a closing and policies; updates to title insurances commitments; closing services including preparation and processing of closing documents, affidavits, resolutions, closing statements, and other documents necessary to complete a closing; post-closing title insurance endorsements.

3.4.3 Volume III, Price Sheet

The Respondent must complete and submit the Form D, Price Sheet, using the instructions provided.

The Price Sheet is to be organized as directed on the Form and must contain complete responses to all items. If a portion of any section is omitted, the Price Sheet may be deemed Non-Responsive at the sole discretion of the Department.

3.5 Economy of Presentation

Responses must be prepared simply and economically, providing a straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this Solicitation without the use of marketing materials, white papers, fancy or flashy graphics, case studies, or other promotional materials. The emphasis of each Response should be on completeness and clarity of content.

3.6 Confidential Response Materials and Redacted Submissions

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt under Chapter 119, F.S., or other authority (Public Records Law), then the Respondent must simultaneously provide the Department with an unredacted version of the materials and a separate redacted copy of the materials the Respondent claims as Confidential Information or exempt and in an index, as described in Section 3.6.1.

The Respondent shall mark the unredacted version of the document as “Unredacted version – contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent shall mark the cover of the redacted copy with the Respondent’s name, Department’s solicitation name, and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims are Confidential Information or exempt from Public Records Law. An entire Response should not be redacted. An entire page or paragraph which contains Confidential Information or exempt material should not be redacted unless the entire page or paragraph is wholly Confidential Information or exempt from Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

In addition, the Respondent should submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption.

The Redacted Copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website. In addition, the Department will follow the procedures described in Attachment 4, Public Records Requirements, of the Draft Contract.

By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. If the Respondent fails to submit a Redacted Copy of its Response, the Department is authorized to produce the entire unredacted Response submitted to the Department in response to a public records request.

4 Scope of Work

4.1 Scope of Work

The Contractor shall provide land acquisition real estate title insurance services including but not limited to:

• General Title Research;

• Title Searches/Commitments for a Closing and Policies;

• Updates;

• Closing Services;

• Post-Closing Title Insurance Endorsements;

• Expert Witness Services; and

• Opportunity Purchase Services.

Among the deliverables required under this contract are:

• Ownership and Encumbrance (O&E) Reports;

• Title Search Reports;

• Title Commitments;

• Title Searches;

• Search Updates;

• Title Policies;

• Closings; and

• Other related acquisition services for land acquisition and land management projects for the

State of Florida on a Task Assignment basis.

The Services hereunder include, but are not limited to, preparation of title insurance commitments, title search reports, and O&E reports for parcels of land which are either:

1) Under consideration for purchase by the Department; or

2) Under contract for purchase by the Department; and closing activities and other related services.

Title insurance services include compilation of project specifications and recommendations for research;

office work necessary for preparation of title search reports, title commitments, title insurance policies and O&E reports; general title research; updates to title insurance commitments, title search reports, and O&E reports; endorsements; products for tax deed sales and opportunity purchases (quick response purchases services); and real estate closings needed for land acquisition and land management by the Department.

During the term of this contract, the Contractor shall:

• Have a physical office located in the State of Florida;

• Be authorized to transact business in the State of Florida; and

• Be authorized to write title insurance for title insurance underwriter(s) that are authorized to transact business in the State of Florida. The underwriters must be approved by the Department.

• Maintain sufficient resources to handle a real estate closing from start to finish, including problem resolution.

• When requested by the Department, the Contractor shall participate in meetings and closings in Tallahassee, Florida.

4.2 Contractor Responsibilities

a. Deliverables. The Contractor shall provide the following deliverables:

1. General Title Research:

• Any type of research requested of the Contractor by the Department unrelated to a particular transaction being insured by the Contractor;

• searches of public records for documents;

• research to resolve questions about access to property;

• ownership and/or encumbrance searches;

• oil, gas and mineral interest searches, lien searches, tax information searches; and

• general public records research.

2. Title Searches/Commitments for a Closing and Policies:

• Determining insurability in accordance with sound underwriting practices;

• determining and clearing underwriting objections and requirements to eliminate risk;

• conducting and evaluating title searches (including the initial title search, closing check-down, and close-out search through date of recording);

• confirming grantor’s marketability of title and authority to convey; searching and/or confirming amounts needed to pay outstanding assessments, judgments, claims, and liens and obtaining estoppel certificates related to same, as applicable;

• researching and calculating tax payments and tax escrows, as necessary;

• examining and providing copies of encumbrance documents, including covenants, conditions, restrictions, and reservations, including recorded oil, gas, and mineral reservations and analyses of the elimination of the right of entry under the Marketable Record Title Act; and

• performing all tasks related to the examination, preparation, and issuance of title commitments, closing protection letters, and title insurance policies, including endorsements and corrections to clarify requirements or the scope of the listed encumbrances, and/or to delete encumbrances which do not affect the insured parcel(s).

3. Updates to title insurance commitments, title search reports, and O&E reports means a search of the public records subsequent to the effective date of the initial title search and the same may be necessary if the effective date of the title commitments or reports need to be updated to a more current date. No separate charge shall be assessed for a closing check-down or close-out search through date of recording related to a transaction being insured by Contractor since those search updates are included within the scope of the initial title search fee.

4. Closing Services includes all tasks related to the preparation and processing of closing documents:

• The preparation of documents necessary to close a transaction, such as deeds, affidavits, resolutions, closing/settlement statements, and other documents necessary or desirable to complete a closing;

• preparing recordable lien releases and coordinating payoffs;

• coordinating mortgage payoffs and satisfactions;

• processing tax payments and tax escrows, and other matters required to convey clear title;

providing documents to sellers and Department for execution;

• conducting the closing of real estate transactions and disbursing settlement or closing funds;

• recording warranty deeds and other instruments that may be required or appropriate in perfecting the title;

• preparing and recording corrective documents;

• delivery of recorded documents, settlement statement, and other closing documents together with the owner’s title insurance policy to Department within forty-five (45) days of the date of closing;

• preparing and filing 1099 forms for each closing (including eminent domain actions);

• adhering to closing dates and all-time frames and due dates specified in each real estate contract; and

• other related services as needed.

Contractor may electronically record the fully executed deed upon closing, if available, provided that forty-five (45) days after closing Department receives the original executed deed with the recording information date-stamped thereon.

5. Post-Closing Title Insurance Endorsements shall mean endorsements that are requested by the Department after the closing of the real estate transaction to conform the title insurance policy to a change in circumstances relating to the title as originally insured, easements that are recorded after closing, the deletion of survey exceptions based upon the receipt of a final survey subsequent to closing, and the deletion of exceptions that no longer affect title to the land. Post-closing endorsements that are issued to conform the title insurance policy to the title commitment or to correct an error in the title insurance commitment or policy are included under Title Searches/Commitments for a Closing and Title Policies above (i.e. in instances where a post-closing title endorsement is necessary due to an error on the part of Contractor), in which case the charge therefor is encompassed within the risk premium and there shall be no additional charge to the Department.

6. Expert Witness Services includes testimony from Contractor’s employees or authorized subcontractors testifying as to any product produced, research performed, or any other matters related to services rendered under this Contract.

7. An Opportunity Purchase (aka Quick Response Purchase) relates to the sale of property by means of a forced sale or auction, a private auction, or a distress sale. The most common types of forced sale auctions are foreclosure, bankruptcy, tax deed sale, IRS, and government seizure.

8. Quick Response Purchase Services includes the completion of a title search and preparation of the products necessary for a quick response purchase. Quick response purchase products must typically be received by Department within three (3) working days of the date work is assigned by the DEP, via Task Assignment Notification Form. Actual time frames shall be specified in each task assignment.

A copy of the Department’s minimum requirements for title insurance commitments and title insurance policies is included as Exhibit G of the Contract.

A copy of the Department’s minimum requirements for ownership and encumbrance reports and title search reports is included as Exhibit H of the Contract.

The Department’s needs for these services will generally follow a progression whereby the Department obtains title information for all parcels within a project area, followed by title insurance commitments, updates (if necessary), closing services and title policies for parcels that are successfully negotiated for purchase. However, some services or products (title commitments, closing services and real estate title research) may be needed on parcels without going through the normal progression or process.

Reporting will be required of contractors to update the Division of State Lands (DSL’s) work plan as DSL deems necessary, when documenting on time allocation forms hours spent on resolution of closing issues and when submitting invoices for title and closing services.

No minimum amount of work is guaranteed under any contracts resulting from this solicitation.

b. Performance Measures. Performance Measures are contained within Attachment 1(5), Standard

Terms and Conditions of the Contract. Additional details may be determined on a case-by-case basis and listed within each individual Task Assignment Notification Form.

c. Completion Criteria and Date. These details will be determined on a case-by-case basis and listed within each individual Task Assignment Notification Form.

4.3 Department’s Responsibilities

Under this contract, the Department will inspect and accept or reject deliverables, and pay the invoices.

The Department shall authorize all work assignments by Task Assignment Notification Form (TA) or Task Assignment Change Order Form (TACO).

Depending on the structure of the Task Assignment Notification Form (TA) or Task Assignment Change Order Form (TACO), there are two (2) options for invoicing:

Option 1 – Invoicing Procedures for Fixed-Price Task Assignments:

The invoice, including an executed copy of the Task Assignment Notification Form (TA) or Task Assignment Change Order Form (TACO) evidencing a fixed price, is to be submitted along with the Final Product as identified in the Task Assignment Notification Form (TA) or Task Assignment Change Order Form (TACO). The Department’s Contract Manager shall have five (5) working days unless otherwise specified in the Contract, to inspect and approve/disapprove the invoice for payment.

To expedite review and approval of invoices, use of the Sample Invoice/Summary Report, Exhibit I of the Contract is recommended.

Option 2 – Invoicing Procedures for Cost Reimbursement and Fee Schedule Not-to-Exceed Task Assignments:

The invoice shall be based upon the Price Sheet, as specified in Attachment 5 of the Contract. The hourly rate for Services must be applied to the amount of time actually worked performing the applicable Service.

The time shall be rounded to the nearest tenth of an hour for each day worked and shall be itemized with a detailed description of the work performed.

To expedite review and approval of invoices, use of the Sample Invoice/Summary Report, Exhibit I of the Contract is recommended.

4.4 Work Assignment Process

Once the Department has identified a task for assignment, work will be assigned to selected contractors according to the following procedures:

A.) Direct Assignment Method:

1) Task Assignments will be assigned to contractors based on proximity and familiarity to the task’s location and their availability.

2) The Department shall maintain the flexibility in assigning tasks to a specific contractor if necessary, to make sure the Department can react timely to the task at hand, due to the nature of the real estate business.

3) The Department will ensure all Task Assignments are distributed fairly amongst the awarded contractors.

4) Awarded Contractors shall not begin work until a Task Assignment Notification Form has been issued by the Department.

5 Evaluation Criteria

5.1 Evaluation of Volume I, Past Performance

Past performance will be scored based on answers to a standard group of questions received from the Respondent’s clients. Upon completion of the Reference checks, the Department will sum the Respondent’s Past Performance scores to award the Respondent’s Final Past Performance Score.

5.2 Evaluation of Volume II, Technical Response

The evaluation team will score each Technical Response, separately.