Sol_140P6020Q0026.pdf

140P6020Q0026

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/10/2020

1 43

601 Riverfront Drive Omaha NE 68102

NPS, MWR - MWRO MABO

07/03/2022

NPS, Land Resources Program

601 Riverfront Dr

Omaha

NE 68102

402 661-1598Christopher Keck

06/26/2020 1600 CT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Services, Title Services for Tracts 101-03, 101-05, 101-09 and 101-10, NICO

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The National Park service is issuing this request for quote (RFQ) 140P6020Q0026, for the performance of Title Services in accordance with the provided Scope of Work (SOW) and all addenda.

The Solicitation Number is 140P6020Q0026 and is Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P6020Q0026 issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC)

2020-06. The FAC is available at https://www.acquisition.gov/FAR.

(iv) This is set aside 100% for small businesses under NAICS Code 541191- Title Abstract and

Settlement Offices with a small business size standard of $12.0M. The National Park Service encourages the participation of small, disadvantaged, and women-owned businesses.

Contractor registration is required on the System for Award Management (SAM) website, https://www.sam.gov in order to be considered for award. Offerors must have an active SAM registration at the time of quote receipt, at time of award, and throughout the life of the contract.

(v) Line items:

10 - Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 in accordance with the Scope of

Work and all Addenda

(vi) The acquisition is for a firm-fixed price contract to provide title commitments, title insurance policy, title examinations, closing, escrow, preparation of documents, filing of documents in the appropriate county records, recording, and related services for tracts to be acquired by the United States of America (USA) by the National Park Service (NPS). Product and services offered to the Government under this purchase shall meet or exceed the Scope of Work

(SOW).

(vii) Date(s) and place(s) of delivery and acceptance and FOB point:

Period of Performance: 24 months after receipt of order (ARO)

Preliminary Title Commitment Title Company

Invoice- as soon as possible after the award package but no more than 60 days

Closing/Final Title Policy Title Company Invoice-

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P6020Q0026 within 60 days of closing letter from NPS

If corrections are needed submit a new invoice-within 45 days of correction letter from NPS

Location: Nicodemus National Historic Site;

Nicodemus Kansas

FOB: Destination

(viii) FAR provision 52.212-1, Instructions to

Offerors -- Commercial, applies to this acquisition including addenda:

a. Any questions pertaining to this solicitation must be sent via email to christopher_keck@nps.gov on or before June 17, 2020 at 16:00 CST. All questions will be answered in an Amendment to this solicitation and posted on or about June 18, 2020.

b. At a minimum, offers must include

(1) The completed Standard Form 18:

Complete blocks 11c,d,e,f and all parts of blocks

13,14,15 and 16.

Provide your company's DUNS number and CAGE Code under which your offer is made.

See sections highlighted in Provisions and

Clauses and complete as required.

(2) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR

52.212-3(b) for those representations and certifications that the offeror shall complete electronically.

(3) Required Documents showing:

Factor I - Technical Capability:

Sub factor I- Strategy: Performance Plan; this plan is to detail how, when and who will be performing work of this contract. This plan must meet NPS approval it will also be used in rating contractors' performance and payment.

Sub factor II- Team: Key Personnel; provide professional credentials, certifications and licensing as well as position title of individual that will perform work of this contract.

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P6020Q0026

Sub factor III- Previous Experience: Provide a minimum of two examples of previously completed projects completed within the last three years that are of similar size and scope as this project. Describe the project requirement, work performed, and final outcome. Information should be short and concise, but provide the Government with enough detail to determine if the offeror meets the Government's technical criteria.

Factor II - Past Performance: Provide contact information for all examples in Factor I, Sub factor III above. Information shall include name, phone number, address, and email if available.

Factor III- Price: Provide your lump sum price with a breakdown of costs (B12-Misc Blank Price

Sheet provided with solicitation). Price will be subjectively evaluated for Best Value and

Reasonableness by the Government, considering total cost of all items to reach the best value for the Government, price and other factors considered.(ix) FAR 52.212-2, Evaluation-Commercial Items. Evaluation of the proposal will be performed as per FAR Part 13. A firm-fixed price award is anticipated to the offeror for a quote that reflects the best value to the government considering technical capability, past performance, and a price that is considered both Fair and Reasonable to the government.

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) Offerors shall include a completed copy of the provision 52.212-3, Offeror Representations and Certifications -- Commercial Items, with their quote.

(xi) The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P6020Q0026

52.212-4, Contract Terms and Conditions -

Commercial Items; The full text of the referenced

FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.

Reference FAR 52.212-4, Paragraph (c) is hereby tailored as follows:

FAR 52.212-4 (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government.

(xii) FAR 52.212-5, Contract Terms and Conditions

Required To Implement Statutes or Executive

Orders-Commercial Items applies to this acquisition including paragraph (a), the following clauses in paragraph (b): 52.219-6, 52.219-28, 52.222-3, 52.222-21, 52.222-26,52.222-50, 52.223-18, 52.225-13, 52.232-33. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.

Electronic Invoicing and Payment Requirements -

Invoice Processing Platform (IPP) (September

2011) Payment requests must be submitted electronically through the U.S. Department of the

Treasury's Invoice Processing Platform System

(IPP)."Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt

Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions -

Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice : N/A. The

Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the

Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date.

Contractor assistance with enrollment can be

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P6020Q0026 obtained by contacting the IPP Production

Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the

Contracting Officer with its quotation.

Green Procurement; To the extent that the services provided by the Contractor require provision of any of the types of products listed at https://sftool.gov/greenprocurement, the

Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

(xiii) Offerors are to see the complete solicitation package for full terms and conditions and attachments.

Attachments included:

SF-18

Attachment 1- A04 SOW_Title Services (4 pages)

Attachment 2- A06 Specifications Map- Nico

Segment 101 (1 page)

Attachment 3- A06 Specifications Legal 101-03 (1 page)

Attachment 4- A06 Specifications Legal 101-05 (1 page)

Attachment 5- A06 Specifications Legal 101-09 (1 page)

Attachment 6- A06 Specifications Legal 101-10 (1 page)

Attachment 7- B12_Misc_Blank Price Sheet (1 page)

(xiv) N/A

(xv) All offers must be submitted by the due date in order to be considered. Quotes are due on or before June 26, 2020 at 16:00 CST. Quotes shall be submitted electronically to

Christopher_keck@nps.gov

(xvi) The sole point of contact for questions regarding this project and solicitation is:

Christopher Keck

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P6020Q0026

Contract Specialist

National Park Service, Interior Regions 3, 4, and

601 Riverfront Drive

Omaha, NE 68102-4226

402 661-1598 Phone christopher_keck@nps.gov

Period of Performance: 07/03/2020 to 07/03/2022

00010 Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 in accordance with the Scope of Work and all Addenda

Product/Service Code: R411

Product/Service Description: SUPPORT-

PROFESSIONAL: REAL PROPERTY APPRAISALS

Delivery: 07/03/2022

140P6020Q0026 NICO - Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 Page 8 of 43

Contents *52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statement - Representations (JAN 2017)

*52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

*52.204-7 - System for Award Management (OCT 2018)

*52.204-16 - Commercial and Government Entity Code Reporting (JUL 2016)

*52.204-17 - Ownership or Control of Offeror (JUL 2016)

*52.204-18 - Commercial and Government Entity Code Maintenance (JUL 2016)

* 52.212-1 - Instructions to Offerors -- Commercial Items (MAR 2020)

*52.212-4 - Contract Terms and Conditions - Commercial Items. (OCT 2018)

*52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)

*52.222-25 Affirmative Action Compliance. (APR 1984)

*52.223-6 Drug-Free Workplace. (MAY 2001)

*52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

*52.246-4 - Inspection of Services - Fixed-Price (AUG 1996)

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

52.212-1 – Instructions to Offerors -- Commercial Items (MAR 2020) ADDENDUM

52.212-2 - Evaluation -- Commercial Items (OCT 2014)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (MAR 2020)

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- OCT 2018 COMMERCIAL ITEMS

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (MAR 2020)

52.217-8 -- Option to Extend Services (Nov 1999)

52.219-1 -- Small Business Program Representations (Oct 2014)

52.222-22 -- Previous Contracts and Compliance Reports (Feb 1999)

52.237-1 - Site Visit (Apr 1984)

52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998)

52.252-2 - Clauses Incorporated by Reference (FEB 1998)

1452.201-70 - AUTHORITIES AND DELEGATIONS (SEPT 2011)

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984)

DOI TEXT MESSAGING Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving (October 2009)

52.232-40 - Providing Accelerated Payments to Small Business Subcontractors. Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

DOI Local Clause - Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

ADDITIONAL INFORMATION

*Incorporated by reference

140P6020Q0026 NICO - Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 Page 9 of 43

*52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statement - Representations (JAN 2017)

*52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

*52.204-7 - System for Award Management (OCT 2018)

*52.204-16 - Commercial and Government Entity Code Reporting (JUL 2016)

*52.204-17 - Ownership or Control of Offeror (JUL 2016)

*52.204-18 - Commercial and Government Entity Code Maintenance (JUL 2016)

* 52.212-1 - Instructions to Offerors -- Commercial Items (MAR 2020)

*52.212-4 - Contract Terms and Conditions - Commercial Items. (OCT 2018)

*52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)

*52.222-25 Affirmative Action Compliance. (APR 1984)

*52.223-6 Drug-Free Workplace. (MAY 2001)

*52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

*52.246-4 - Inspection of Services - Fixed-Price (AUG 1996)

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in

140P6020Q0026 NICO - Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 Page 10 of 43 a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;

and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-1 – Instructions to Offerors -- Commercial Items (MAR 2020) ADDENDUM

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation via email only to christopher_keck@nps.gov. At a minimum, offers must include --

(1) The completed Standard Form 18;

• Complete blocks 11C, D, E, and F for each item

• Complete blocks 13 through 16

• Include DUNS Number and CAGE Code on SF-18

(2) Provisions and Clauses Document

• See sections highlighted in blue and complete as required

(3) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(4) Green Park Plan: Contractor is to comply with National Park Service (NPS) Green Parks Plan; the Buy Green and Reduce, Reuse and Recycle initiative, by procuring and using environmentally friendly Cleaning and Sanitizing Chemicals, paper products that contain the highest possible recycled materials, and/or items that can be reused many times prior to disposal.

(5) Required Documents showing:

Factor I - Technical Capability:

Sub factor I- Strategy: Performance Plan; this plan is to detail how, when and who will be performing work of this contract. This plan must meet NPS approval it will also be used in rating contractors' performance and payment.

Sub factor II- Team: Key Personnel; provide professional credentials, certifications and licensing as well as position title of individual that will perform work of this contract.

Sub factor III- Previous Experience: Provide a minimum of two examples of previously completed projects completed within the last three years that are of similar size and scope as this project. Describe the project requirement, work performed, and final outcome. Information should be short and concise, but provide the Government with enough detail to determine if the offeror meets the Government's technical criteria.

Factor II - Past Performance: Provide contact information for all examples in Factor I, Sub factor III above.

Information shall include name, phone number, address, and email if available.

140P6020Q0026 NICO - Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 Page 11 of 43

Factor III- Price: Provide your lump sum price with a breakdown of costs. Price will be subjectively evaluated for Best Value and Reasonableness by the Government, considering total cost of all items to reach the best value for the Government, price and other factors considered.

Information should be short and concise, but provide the Government with enough detail to determine if the offeror meets the Government’s technical criteria.

(b) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(End of Provision)

52.212-2 - Evaluation -- Commercial Items (OCT 2014)

(a) Evaluation of the proposal will be performed as per FAR Part 13. A firm-fixed price award is anticipated to the offeror for a quote that reflects the best value to the government considering technical capability, past performance, and a price that is considered both Fair and Reasonable to the government.

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (MAR 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or https://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1927829781

140P6020Q0026 NICO - Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 Page 12 of 43

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

140P6020Q0026 NICO - Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 Page 13 of 43 operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i)To restrict the free flow of unbiased information in Iran; or

(ii)To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

140P6020Q0026 NICO - Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 Page 14 of 43

“Small disadvantaged business concern”, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1)Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

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(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i)It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

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Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

__________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i)It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i)It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii)It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i)It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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(ii)It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i)It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii)It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C.

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771

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(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225- 3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446

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Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

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(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or

140P6020Q0026 NICO - Title Services for Tracts 101-03, 101-05, 101-09 and 101-10 Page 21 of 43 judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.