RFP for Escrow and Title Contract V4.25.2024.pdf

RFP No. N62473-24-RP-00102

COMBINED SYNOPSIS/SOLICITATION FOR OFFERS

Contract Number N62473-24-RP-00102

Title and Escrow Services for the

Bradshaw Trail Land Acquisitions, California & General Marine Corps Real Estate Program

30 April 2024

Prepared By:

Naval Facilities Engineering Systems Command, Southwest Marine Corps Real Estate Department

750 Pacific Highway, 4th Floor San Diego, CA 92132

E-mail: dany.s.saliba.civ@us.navy.mil michele.j.ott2.civ@us.navy.mil

Greg Magnuson Real Estate Contracting Officer

This combined synopsis and solicitation (hereafter, solicitation) for commercial services is designed to procure for Naval Facilities Engineering Systems Command, Southwest (hereinafter, NAVFAC SW), title and escrow services for the Bradshaw Trail Land Acquisition Project and General Real Estate Program for Marine Corps installations in California and Arizona. This announcement constitutes the only solicitation; proposals are requested, and subsequent written solicitations will not be issued. Offerors are responsible for monitoring the System for Award Management (SAM) website at www.sam.gov for the release of any amendments or other pertinent information.

This solicitation number is N62473-24-RP-00102 and is issued as a Request for Proposals (RFP) under full and open competition.

Project: The United States of America (hereinafter, Government) intends to award a firm, fixed-price contract for title and escrow services for the Bradshaw Trail Land Acquisition Project and for concurrent and subsequent title and escrow service needs that NAVFAC SW initiates. Fee simple acquisitions will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601, et seq. Title evidence and real property acquisition closings shall be provided in accordance with the “Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016)”. The selected Offeror shall provide the required services according to the Scope of Work (SOW), attached and incorporated herein as “Exhibit A”.

The Government intends to award a fixed-price contract to the Offeror whose proposal represents the Best Value to the Government, as determined by evaluation of proposals according to the established criteria. Proposals will be evaluated based on price and non-price factors. The acquisition evaluation will be conducted utilizing the Best Value Trade-off Analysis, which seeks to select an offer with the Best Value to meet the Government’s need. Best Value is defined as the expected outcome that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

The Best Value will be determined by comparing differences in the value of non-price features with differences in cost to the Government. In making this comparison, the Government is more concerned with obtaining superior technical and management features than with making an award at the lowest overall cost to the Government. However, the Government will not make an award at a significantly higher overall cost to achieve slightly superior technical or management features.

Therefore, price is not expected to be the controlling factor in the selection of an Offeror, but the degree of importance of price as a factor could become greater depending upon the equality of the proposals for other factors evaluated.

SECTION I INSTRUCTION TO OFFERORS

A. IMPORTANT NOTICES

Non-disclosure: The selected Offeror may be required to access data and information proprietary to a Government agency, another Government Offeror, or of such a nature that its dissemination or use other than as specified would be adverse to the Government’s interest.

Neither the selected Offeror nor their employees shall divulge, or release data or information developed or obtained under this contract except to authorized Government personnel or upon written approval of the Real Estate Contracting Officer (hereafter, RECO).

The selected Offeror shall not use, disclose or reproduce proprietary data that bears a restrictive legend. The selected Offeror shall obtain proper written approvals prior to releasing any information marked “PROPIN” (proprietary information) or otherwise identified as proprietary.

Under Title 18, Sections 793 and 798, the selected Offeror and its employees are liable for any improper release of information.

Disclosure of information regarding operations and services of the activity to persons not entitled to receive the information, or failure to safeguard any classified information that may come to the selected Offeror (or any persons under their control) in connection with work under this work statement may subject the selected Offeror, its agent, or employees to liability under Title 18, Sections 793 and 798 of the United States Code. Neither the selected Offeror nor its employees will disclose, cause or allow to be disseminated any information concerning the operations of the activity which could result in, or increase the likelihood of, the possibility of a breach of the activities, security or interruption of the continuity of its operations.

B. PROJECT DESCRIPTION SUMMARY

The Government acting by and through The Department of the Navy (hereinafter, Navy), NAVFAC SW, Marine Corps Program (hereinafter, Marine Corps) is seeking proposals for the services of a title and escrow company to provide real estate title and escrow services for the acquisition and/or condemnation of real property interests within California and Arizona. Title evidence being requested shall serve to supplement and support title evidence required to achieve fee simple acquisition of all identified parcels.

When tasked by the NAVFAC SW RECO and the Real Estate Specialists (hereinafter Specialists), the selected Offeror shall perform title and escrow services and assist the RECO and Specialists in obtaining clear title for all properties being acquired by purchase or by condemnation of real property interests. The selected Offeror shall be licensed in the State of California and the State of Arizona and shall abide by all Federal and State laws and standards of practice required of a professional title and escrow company.

C. BACKGROUND

The Bradshaw Trail Acquisition Project consists of approximately 22 parcels, totaling approximately 424 acres near the Marine Corps Air Station, Yuma along the edge of the

Chocolate Mountains. This area is a United States Marine Corps’ aviation training range, supporting aviation, ground and live-fire training. The National Defense Authorization Act for Fiscal Year 2014 requires the Marine Corps possess all properties along or near this trail. These lands, and patented and unpatented mining claims will be acquired through negotiation or condemnation within the course of five (5) to 20 years as specified in the period of performance below. The RECO will coordinate with the selected Offeror in disseminating and managing this procurement to achieve the Marine Corps’ mission.

D. PERIOD OF PERFORMANCE

The period of performance is five (5) years, unless terminated sooner. The contract may be extended at the sole option of the Government for three (3) additional five (5) year option terms for a total period of performance of 20 years.

E. NAVFAC SW RECO’S ROLE

The RECO or his/her authorized representative will provide coordination and oversight of the work and they will serve as a resource in a collaborative effort with the selected Offeror. The selected Offeror will be required to work closely with the RECO or his/her authorized representative.

In no event shall any understanding or agreement between the selected Offeror and any Government employee other than the RECO on any contract, modification, change order, letter or verbal direction to the selected Offeror be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed RECO.

The selected Offeror is hereby put on notice that in the event a Government employee other than the RECO directs a change in the work to be performed or increases the scope of the work to be performed, it is the selected Offeror's responsibility to make inquiry of the RECO before making the deviation. Payments will not be made without being authorized by an appointed RECO with the legal authority to bind the Government.

F. COMPENSATION

Compensation for the scope of work shall be in accordance with the awarded contract. The Government will not be responsible for any costs outside of what is in the contract.

G. DISCUSSIONS

The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, an Offeror's initial offer should contain the Offeror's best terms from a price and technical standpoint. Offerors should not assume that they will be contacted or afforded the opportunity to qualify, discuss, explain, or revise their proposals. However, the Government reserves the right to conduct discussions if later determined by the RECO to be necessary. If discussions are conducted, the Offerors in the competitive range will be afforded the opportunity to revise their proposals.

H. TERMS OF REQUEST FOR PROPOSALS

1. Acceptance of Proposals: The Government reserves the right to reject any or all proposals, to waive informalities and minor irregularities in proposals received, and the right not to award the contract. This RFP is not an offer to contract.

2. Oral Communications: Any oral communication between the Government and the Offeror is not binding, nor will it modify the RFP in any way.

3. Request for Information (RFI): The Government expects that an Offeror may have questions as they prepare their response to the RFP. All inquiries concerning any part of the RFP shall be made to both Mr. Dany Saliba at dany.s.saliba.civ@us.navy.mil and Ms.

Michele Ott at michele.j.ott2.civ@us.navy.mil. Inquiries and RFIs shall be submitted via e-mail and must be received no later than May 10, 2024.

4. Proposal Cost: The cost of developing the proposal is the sole responsibility of the

Offeror; the Government is not liable for any costs incurred by those submitting proposals.

5. Basis for Proposal: The RFP and any amendments to it represent the most definitive statement the Government will make concerning information upon which proposals are to be based. Offerors will be assumed to have thoroughly examined these documents. Any clarification to these documents shall be requested via e-mail and must be received no later than the date specified in H(3) above.

I. AMENDMENTS TO THE SOLICITATION

1. If this solicitation is amended, then all terms and conditions that are not modified remain unchanged.

2. Offerors shall acknowledge receipt of any amendment to this solicitation by identifying the amendment number and date acknowledged in their Proposal.

3. Facsimile copies are NOT authorized for this solicitation. The Government must receive the acknowledgment by the time and at the place specified. Any amendments to this notice will be posted on SAM (www.sam.gov). It is each Offerors responsibility to check the websites for any updates to the Solicitation.

J. PROPOSAL SUBMITTAL

1. All Proposals shall be received by the Government point of contact identified herein no later than 4:00 P.M., Pacific Standard Time (PST), on June 07, 2024. Proposals received incomplete or late, for any reason, shall not be considered.

2. Proposals shall be made in writing and shall conform to the requirements below.

Proposal: submit one (1) original electronic copy emailed to: Mr. Dany Saliba at dany.s.saliba.civ@us.navy.mil and Ms. Michele Ott at michele.j.ott2.civ@us.navy.mil, and one (1) original and four (4) bound Proposal hard copies in sealed envelopes no later than the date stated above to the address stated above. Facsimile Proposals will NOT be accepted.

Naval Facilities Engineering Systems Command, Southwest Marine Corps Real Estate Department Attn: Mr. Dany Saliba and Ms. Michele Ott 750 Pacific Highway, 4th Floor San Diego, CA 92132 dany.s.saliba.civ@us.navy.mil michele.j.ott2.civ@us.navy.mil

3. The Proposal must be submitted in an envelope clearly marked with the Offeror’s name and “RFP No. N62473-24-RP-00102 Title and Escrow Services for Bradshaw Trail Land Acquisitions and General Marine Corps Program”.

4. All Proposals submitted in response to this RFP will become the property of the Government and will not be returned. The Government reserves the right to make use of any information or ideas contained in the Proposals. The Proposal itself shall not constitute a contract, but will, if accepted, be incorporated into the contract between the Government and the selected Offeror.

5. Proposals submitted to the Government become public documents subject to disclosure once the Proposal is awarded. If the Offeror considers any portion of the Proposal to be confidential, the Offeror must label each and every page of the confidential portions as:

“Trade Secret”, “Confidential” or “Proprietary.” The Offeror must also list the confidential material at the beginning its Proposal, and provide justification for not making such material public. The Government shall have the sole discretion to disclose or not disclose such material, subject to any protective order that the Offeror may obtain, but it is incumbent on the Offeror to assert its rights to confidentiality.

6. Neither multiple Proposals, nor Proposal variations or options, nor alternate or alternative Proposals will be considered in the evaluation. The Offeror may confirm by telephone that its Proposal was properly received, by contacting one of the Government Points of Contact identified in the solicitation.

K. PROPOSAL FORMAT REQUIREMENTS

1. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

2. Proposals shall be submitted on 8.5” x 11” paper. The page margins shall be a minimum of one inch each. Font size shall be no smaller than 12-point using Arial or New Times Roman fonts.

3. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. Line spacing shall be set at no less than single space.

4. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers shall be within the page margins, and are not bound by the 12-point font requirement. Footnotes to text shall not be used.

5. Pages in violation of these instructions, either by exceeding the margin, font or spacing restrictions, will not be evaluated.

L. PROPOSAL CONTENT

Proposals shall include the following as a minimum:

1. Transmittal Letter: The letter shall state the location where the work is to be performed, and be signed by a principal of the firm.

2. Cover Page: Including firm name, solicitation number, title of proposal, and date.

3. Identity of Offeror: Legal name and business address of the agency or organization making the proposal, legal form, proof of non-profit status, and name, title, address and telephone number of broker and the name title, address, email and telephone of the key representative.

4. Data Universal Numbering System (DUNS) Registration: The Offeror shall provide a valid DUNS Number with the Proposal. For additional information, see Appendix A, Required System for Award Management (SAM) Registration.

5. System for Award Management (SAM) Registration Requirement: The Offeror shall provide evidence of an active registration with SAM in the Proposal.

Offerors must have an active registration in the System for Award Management to be eligible for award. The System for Award Management (SAM) is an official website of the U.S. government. There is no cost to use SAM. Register at https://www.sam.gov. For additional information, see Appendix A, Required System for Award Management (SAM) Registration.

6. Commercial and Government Entity (CAGE) Code Reporting: The Offeror shall provide a valid CAGE Code with the Proposal. For additional information, see Appendix B, Commercial and Government Entity (CAGE) Code Reporting.

7. Proposal: The Offeror shall submit the requirements of Factor 1 – Corporate Experience, Factor 2 – Fee Schedule and Performance Capacity, Factor 3 – Past Performance, and Factor 4 - Price. The Proposal shall not contain hourly rates or conditional terms.

Proposals shall include, at a minimum, the following:

a. Narrative description of previous, similar work successfully completed (Factor 1 requirement)

b. Narrative description of Offeror’s ability to perform the required services with individual resume(s) for key personnel (Factor 2 requirement)

c. Contact information for at least three (3) professional references (Factor 3 requirement)

d. Fee Schedule

Offerors shall submit only the information/attachments required. Do not submit any additional information such as brochures or other pre-printed material. Proposals shall be submitted in accordance with Section I, Items J(2) and J(3) above.

M. LIST OF ATTACHMENTS

Exhibit A – Scope of Work (SOW) Appendix A – Required System for Award Management (SAM) Registration Appendix B – Commercial and Government Entity (CAGE) Code Reporting

N. GOVERNMENT POINTS OF CONTACT

Mr. Dany Saliba Project Manager, Realty Specialist Phone: (619) 705-4479 Email: dany.s.saliba.civ@us.navy.mil

Mr. Greg Magnuson Ms. Michele Ott Real Estate Contracting Officer Realty Specialist Phone: (619) 705-4339 Phone: (619) 705-4466 Email: greg.a.magnuson.civ@us.navy.mil Email: michele.j.ott2.civ@us.navy.mil

SECTION II PROPOSAL EVALUATION

A. DEFINITIONS

Best Value: The expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

Clarifications: Limited exchanges between the Government and offerors that may occur when award without discussion is contemplated.

Communications: Exchanges, between the Government and offerors, after receipt of proposals, leading to establishment of the competitive range.

Deficiency: A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Discussions: Exchanges (i.e., negotiations) in a competitive environment that are undertaken with the intent of allowing the offeror to revise its proposal. Discussions take place after establishment of the competitive range.

Evaluation Notice (EN): RECO’s written notification to the offeror for purposes of clarifications, communications, or discussions.

Experience: Pertains to work performed by an Offeror, which is the same or similar to the work that may be ordered under this contract in terms of complexity. Experience is distinct from past performance (how well an Offeror has performed).

Page: Refers to one printed side of a piece of paper. (For example, 5 pieces of paper printed on both sides would result in 10 pages of narrative.)

Past Performance: Relates to how well an Offeror and Offeror’s Team has performed; e.g., the quality of work accomplished, schedule compliance, customer satisfaction.

Risk: As it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an Offeror’s proposed approach to achieving the technical factor may involve risk of disruption of schedule, or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

Significant Weakness: A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Strength: An aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance.

B. BASIS OF AWARD

Award will be made using Best Value Trade-off Procedures. The objective is selection of an Offeror whose overall Proposal demonstrates the Best Value to the Government based on the specified criteria. All Proposals shall be evaluated against the established criteria set forth below.

An unacceptable rating in any factor, unless corrected in discussions (if any), shall render the entire Proposal unacceptable and therefore ineligible for award.

In making the Best Value award decision, the Government will consider Factors 1 through 4.

The relative order of importance of the non-price evaluation factors is that technical factors (Factor 1 – Corporate Experience and Factor 2 – Schedule and Capacity) are equal to each other and when combined are equal in importance to Factor 3 – Past Performance. The combined non-price factors are significantly more important than Factor 4 - Price. The degree of importance of price as a factor could become greater depending upon the equality of the Proposals for other factors evaluated. The Government will not make an award at a significantly higher overall price to achieve slightly superior technical or management features.

Award will be made to the Offeror whose offer conforms to the solicitation and represents the Best Value to the Government, price and non-price factors considered.

C. EVALUATION FACTORS

FACTOR 1: CORPORATE EXPERIENCE

(a) Solicitation Submittal Requirement(s):

The Offeror shall demonstrate its ability to meet the Government’s title, escrow and real property acquisition closing services requirements as described in this solicitation and attached Scope of Work by providing a written narrative describing previous, similar title evidence and acquisition closing work it has successfully completed. The narrative should describe how the Offeror’s previous work is similar to this title evidence and real property acquisition closing services scope of work.

The Offeror’s narrative shall not be longer than five (5) single sided pages.

(b) Basis of Evaluation:

The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing the required services as defined in the solicitation. The assessment of the Offeror’s experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP.

Greater credit may be given for experience within California and Arizona, specifically in Southern California. Greater credit may be given for similar title evidence and acquisition closing services performed for the Marine Corps, Navy, other Federal agencies, State agencies, or municipal entities.

FACTOR 2: SCHEDULE AND CAPACITY

(a) Solicitation Submittal Requirement(s):

The Offeror shall provide a narrative describing its capacity to perform the required services within the specified time frames and include individual resumes for the employee(s) proposed to perform title evidence services, conduct real property acquisition closings, and issue final title policies. Such personnel must possess any required licenses or certifications with the States of California and Arizona at the time initial Proposals are submitted.

The Offeror’s narrative for this factor shall not be longer than five (5) single sided pages.

Resumes shall not be longer than two (2) single sided pages and shall not be counted as part of the total pages allowed for the narrative.

(b) Basis of Evaluation:

The Government will evaluate the Offeror’s ability to meet the schedule and capacity requirements set forth in the solicitation and Scope of Work.

FACTOR 3: PAST PERFORMANCE

The Government will evaluate the Offeror’s past performance by contacting three (3) professional references provided by the Offeror for similar title evidence and real property acquisition closing services previously performed.

(b) Basis of Evaluation:

Greater credit will be given for similar work performed within Southern California and Arizona.

Each reference will be asked to describe and rate the Offeror’s past performance of similar work regarding:

1. Responsiveness -- prompt reaction to requirements.

2. Timeliness -- adherence to schedule.

3. Resource availability -- adequate personnel, equipment, and supplies to support work.

It is the Offeror’s responsibility to ensure that all contact information provided for Past Performance References is correct. The Government’s inability to reach any of the provided references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor.

Greater weight will be placed on positive past performance references from Navy, Federal agencies, State agencies, or municipal entities. The Government may also utilize information from the Past Performance Information Retrieval System (PPIRS).

In the case of Offerors for which there is no information on past contract performance or where past contract performance is not available or sparse, the Offeror may not be evaluated favorably or unfavorably on the factor of past contract performance. In this case, the Offeror’s past performance is unknown and will be assigned a confidence rating of “neutral.”

FACTOR 4: PRICE

Offerors are required to submit their Proposal for the services detailed in the Scope of Work, at a minimum. The Fee Schedule shall be submitted in the same sealed envelope as the Proposal and conform with Section I, Items J(2) and J(3) above.

(b) Basis of Evaluation:

Price will be evaluated by the price for all contract services. The proposed service prices and total price proposed will be compared to the Government estimate and/or other independent price and cost information. The Proposal will be evaluated to determine the completeness and reasonableness of the Offeror’s proposal.

Completeness as defined in this solicitation means: all pricing information required by the solicitation has been provided, all mathematic computations are correct, and the pricing application understood. Prices are on an “all or none” basis, and failure to submit a price on an item or a number of items may cause this factor and the entire offer to be determined unacceptable. Conditional prices will not be considered responsive or complete and will not be evaluated for award.

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

1. Comparison of proposed prices received in response to the solicitation.

2. Comparison of proposed prices with the Independent Government Estimate (IGE).

3. Comparison of proposed prices with available historical information.

4. Comparison of market survey results.

A price that is found to be unreasonably high in relation to the proposed work may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the overall Proposal not being considered for award.

Any inconsistency, whether real or apparent, between proposed performance and price must be clearly explained in the Proposal. For example, if unique and innovative approaches are the basis for an apparently unbalanced or inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. The burden of proof of price reasonableness rests solely with the Offeror.

The fixed price proposed for one parcel should account for the variance in complexity of the required services, contingencies, and the risks involved in performing the requirements of the scope within the five (5) to 20 year period of performance.