Solicitation W912BV20Q0127.pdf

SEE ADDENDUM

(No Collect Calls)

W912BV20Q0127 02-Sep-2020

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 17 Sep 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912BV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MIEKO G ALLEY

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

918-669-7436FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,000,000

NAICS:

541191

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF74

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912BV20Q0127

Section A - Solicitation/Contract Form

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

U.S. Army Corps of Engineers (USACE), Southwestern Division (SWD), Tulsa District Indefinite Delivery / Indefinite Quantity (ID / IQ) Multiple Award Task Order Contract (MATOC)

For Title Services

27 August 2020

1. TYPE OF AWARD

The Government intends to award an Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) pool of no fewer than three Small Businesses who demonstrate their capability to perform Title Services within the 50 United States in accordance with the Evaluation Criteria outlined at SECTION M, FAR 52.212-2. The work under this contract is primarily in support of the U.S. Army Corps of Engineers Air Force Real Estate Project Management Program, which is responsible for acquiring real property interests on behalf of United States Air Force facilities nationwide, but may also include Interagency Services and Civil Works projects within the Southwestern Division regional boundaries and as assigned in accordance with UAI Subpart 5107.1 and ER 5-1- 10.

2. BASIS FOR AWARD

MATOC pool will be made up of contractors as determined as meeting the evaluation criteria at section M. The Government anticipates there will be a minimum of three (3) contractors in the pool.

The Government intends to award the Seed Projects provided within this MATOC Pool Solicitation at the same time as the MATOC Pool is awarded. The government reserves the right to award a separate task order to two separate contractors for each seed project to the lowest priced offeror conforming to the solicitation, separate task orders to one contractor, or may combine them into one task order if it is determined to be in the best interest of the Government.

3. PRE-PROPOSAL SITE VISIT

No pre-proposal site visit is considered at this time.

4. SUBMISSION OF DOCUMENTS

MAIL, FAX, EMAIL or HAND DELIVER YOUR DOCUMENTS

Do not include excess information, such as audio-visual materials, electronic media, CD’s, thumb drives, etc. or pages of the solicitation that do not contain information provided by the perspective offeror. NO cross-outs or strike-through marks. Submit a legible quote with no correction marks.

EMAIL

Emailed quotes must be received in a supported Adobe or Microsoft Office file format. These formats are the only acceptable methods of submitting a quote electronically. Cloud storage providers, google docs, web based drop boxes, OneNote/OneDrive, URLs, web-based format, or any other virtual/web-based memory service are NOT acceptable methods of submitting a quote electronically. All documents must be attached in one file. Reference the solicitation in the subject line. Send quotes to E-mail address CESWT‐CT‐SS‐Quotes@usace.army.mil and copy Mieko.G.Alley@usace.army.mil. Ensure your quote is received before the due date and time. In order for your quote to be considered responsive, all required materials must be received before the due date and time. If all required materials are not received, your quote will not be considered.

FAX or MAIL

Include a cover sheet that references the Contract Specialist – Mieko Alley and the solicitation number. When submitting through mail ensure you clearly mark the envelope to:

U.S. Army Corps of Engineers, Tulsa District Mieko Alley, CESWT-CT-E 2488 E. 81st Street Tulsa, OK 74137-4290

Clearly mark the envelope in the lower left hand corner with the solicitation number, W912BV20Q0127. All pages should be numbered. Use only 8 ½” x 11” paper for fax or mail submissions. Do not use fold-outs (e.g., 11” x 14” or 11” x 17” sheets). Do not use a font size smaller than 10, or condensed print for any submission. Times New Roman or Arial Font are the only acceptable fonts. All page margins must be at least 1 inch wide, but may include headers and footers. Illegible handwritten quotes will not be considered. Typed quotes are highly encouraged and the preferred method. Do not use spring clamps, staples, or exceed the recommended capacity of the fastener or binder.

Do not use plastic multi-hole/spiral binding systems, heat binding systems, or other systems which do not facilitate the ready insertion of additional pages or removal of pages. DO NOT use tabbed dividers, flagged tabs, or any divider that extends beyond the paper size to separate sections. The pages must be able to be removed from their binding without ripping or tearing. Ensure to allow enough time to submit your quote before the due date and time.

HAND DELIVER

If your submission will be hand-carried, please provide notification to the Contract Specialist, at least one working day in advance, by calling (918) 669-7355 or e-mailing Mieko.G.Alley@usace.army.mil, as unescorted visitors are not allowed in the Contracting Division offices. Please consider that upon arrival, visitors must go through security check points on the 16th floor of the 20-story Building. Offerors can only submit their documents to the Contract Specialist or a Contracting Officer of the Tulsa District Office. The Tulsa District Office is located in the 20-story building of the CityPlex towers, address below:

U.S. Army Corps of Engineers, Tulsa District 2488 E. 81st Street Tulsa, OK 74137-4290

Face coverings must be worn to enter the Cityplex Towers.

5. DOCUMENTS

Please submit the following documents:

1) Complete a signed copy of the first page of the solicitation and all amendments, including CAGE code/DUNS number

2) Complete the pricing schedule, provided in the solicitation. Provide quotes for both seed projects: Tucson Title Services and Nellis Title Services.

3) Provide a narrative demonstrating experience within the last five (5) years in each of the following: (1) Tax ID Card and Vesting Deed; (2) Title Report and Abstract; (3) Title Commitment; (4) Title Policy; and (5) Miscellaneous Title Services. Your past experience must demonstrate experience performing work in multiple States covered by a minimum of two USACE Geographic Divisions within the United State (https://www.usace.army.mil/Locations.aspx). Narrative should include the type of work, when work was performed, location where it was performed, government contract number (if applicable), and customer point of contact (optional). The narrative shall be no more than ten pages long double spaced or five pages long single spaced. Any past experience beyond these limits will not be evaluated.

4) Complete all FAR Clauses, with applicable blanks filled in from SECTIONS I, K, and L. If information is already completed in the System for Awards Management (https://www.sam.gov/) then write “SAM”

5) Contractor must respond to the representation in Section K: FAR 52.204-24 and 52.204-26. Failure to respond to these provisions will deem your offer non-responsive and unawardable.

6) Complete the sub-contractor data, provided in the solicitation - your quote must identify the business size and percentage of work to be completed by the prime contractor; and the business name, address, the percentage of work to be completed by the subcontractor and business size of any subcontractors, if applicable, based on the NAICS code identified. Offerors must clearly identify whether a subcontractor(s) will be performing work, the percentage of work to be performed by each subcontractor, and the socio-economic category into which each identified subcontractor falls. (FAR 52.219-14 LIMITATIONS ON

SUBCONTRACTING (DEVIATION 2020-O0008) (MAR 2020))

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

Quotes should be valid through 30-Sep-2020.

6. INQUIRIES – OFFEROR’S QUESTIONS AND COMMENTS

USE OF BIDDER’S INQUIRY

Prospective offerors shall submit questions and inquiries related to this solicitation in accordance with the following (no other means of questions or inquiries will be answered except through Bidder Inquiry):

For information related to amendments, and the dates set for receipt of proposals, please check https://beta.sam.gov.

Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self‐ register into the system. To self‐register go to the aforementioned web page and click on the BID tab.

Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e‐mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page, you may view all bidder inquiries or add an inquiry.

3. Bidders will receive an acknowledgement of their question via e‐mail, followed by an answer to their question after it has been processed.

The Solicitation Number is: W912BV20Q0127

The Bidder Inquiry Key is: Z8C257-ZHV3R7

The Bidder Inquiry System will be unavailable for new inquiries 2:00 PM CST Monday, 14 September 2020 in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

4. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

5. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800‐428‐HELP.

6. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

7. The point of contact for this solicitation is:

Contract Specialist: Mieko Alley Telephone: 918‐669‐7355 E‐mail: Mieko.G.Alley@usace.army.mil

Section B - Supplies or Services and Prices

BID SCHEDULE

PRICE SCHEDULE

TITLE WORK, TITLE EVIDENCE AND

TITLE INSURANCE POLICIES

FOR

THE UNITED STATES AIR FORCE NATIONWIDE TITLE IDIQ

Description of Service Unit of Measure Price Ceiling Abstract/Title Search Report (To Include Federal Court Search/Certificate)

EA

Title Commitment EA Commitment Continuation EA Update/Abstract Extension (Including Federal Court Search Update)

EA

Mineral Abstract/Ownership Report (When Ordered in conjunction with a surface parcel search)

EA

Closing/Final Title (Includes final update, recording fees, and Federal Search Update)

EA

Escrow Services EA Policy Premium < $100,000

EA

Policy Premium $100,000-$1,000,000

EA

Policy Premium > $1,000,000 JOB *to be negotiated at time of task order

Mineral Abstract/Ownership Report JOB *to be negotiated at time of task order

Title Curative JOB *to be negotiated at time of task order

Seed Project 1: Nellis Air Force Base Description of Service Unit of Measure Quantity Total Price

CLIN: 0001

Initial Commitment for Title Insurance

EA 1

CLIN: 1000 (Option) One (1) Continuation of Commitment for Title Insurance

EA 1

CLIN: 1001 (Option) One (1) Follow-on abstract update

EA 1

CLIN: 1002 (Option) One (1) Gap Check

EA 1

CLIN: 2000 (Option) Closing and Escrow Services Necessary to Close the Transaction

EA 1

CLIN: 3000

One (1) ALTA U.S. Title Insurance Policy Estimated at $600,000.00

EA 1

Total for Seed Project 1: Nellis Air Force Base

Seed Project 2: Tucson Air National Guard

Description of Service Unit of Measure Quantity Total Price CLIN: 0001 Initial Commitment for Title Insurance CLIN 000101: Parcel 1 EA 1 CLIN 000102: Parcel 2 EA 1 CLIN 000103: Parcel 3 EA 1 CLIN 000104: Parcel 4 EA 1

Total CLIN 0001

CLIN: 1000 (Option) Continuation of Commitment for Title Insurance CLIN 100001: Parcel 1 EA 1 CLIN 100002: Parcel 2 EA 1 CLIN 100003: Parcel 3 EA 1 CLIN 100004: Parcel 4 EA 1

Total CLIN 1000

CLIN: 1001 (Option) One (1) Gap Check CLIN 100101: Parcel 1 EA 1 CLIN 100102: Parcel 2 EA 1 CLIN 100103: Parcel 3 EA 1 CLIN 100104: Parcel 4 EA 1

Total CLIN 1001

CLIN: 2000 (Option) Closing Services Necessary to Close the Transaction CLIN 200001: Parcel 1 EA 1 CLIN 200002: Parcel 2 EA 1 CLIN 200003: Parcel 3 EA 1 CLIN 200004: Parcel 4 EA 1

Total CLIN 2000

CLIN: 2001 (Option) All Escrow Services Necessary to close the transaction CLIN 200101: Parcel 1 EA 1 CLIN 200102: Parcel 2 EA 1 CLIN 200103: Parcel 3 EA 1 CLIN 200104: Parcel 4 EA 1

Total CLIN 2001

CLIN: 3000 ALTA U.S. Title Insurance Policy(s) Estimated at $1.5M CLIN 300001: Parcel 1 EA 1 CLIN 300002: Parcel 2 EA 1 CLIN 300003: Parcel 3 EA 1 CLIN 300004: Parcel 4 EA 1

Total CLIN 3000

Total for Seed Project 2: Tucson Air National Guard

IDIQ INFORMATION

1. This contract is a Total Small Business Set Aside Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) for Real Estate Title Services to be executed through Solicitation No. W912BV20Q0127. The collective ceiling for all contracts awarded through this solicitation is $4,500,000.00. The minimum guaranteed amount for this each contract in this MATOC is $2,500.00.

2. The Contract Line Item structure shall be established at the Task Order level. Pricing of Task Orders shall be pursuant to the instructions and limitations in accordance with FAR Clause 52.216-19, Order Limitation.

3. The Period of Performance for the base period will be five (5) years from the date of award. However, if Contract Clause 52.217-8 is exercised it will extend the contract for an additional 6 months at the existing Year 5 rates.

4. This is a firm fixed price type contract for the services specified in the Performance Work Statement that may or may not be required during the contract period. The Government is setting forth its anticipated requirements and its obligation under this contract. If the Government has any requirements for this type of work described in the Performance Work Statement during the contract period, the Government may procure said services on Task Orders under this contract on a per Job basis.

5. To clarify FAR Clause 52.216-18, ORDERING the following will apply:

(a) Services for each task order may be requested either verbally or in writing. A letter request for proposal will be issued by the Contracting Officer. Oral or telecommunications requests will be issued only by the Contracting Officer.

(b) The Government will issue a task order that will include (1) Location of Work, (2) time period(s) within which the work must be performed.

(c) Each task order will be discussed by the Contractor and the Contracting Officer’s Representative, as necessary, to develop a mutual understanding of:

(1) Type and performance work statement to be accomplished, including accuracy criteria.

(2) End product required by the Contracting Officer.

(3) Commencement and completion dates required by the Contracting Officer.

(4) Existing site conditions, survey control, and other available data.

(5) A fair and reasonable estimated cost to perform the work.

6. The Contractor will not accept instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the Authorized Representative of the Contracting Officer acting within the limits of his authority.

7. Accounting and appropriation data will be established at the time of award for each task order.

8. Department of Labor Wage Rates. For individual task orders written against the contract, the appropriate Department of Labor Wage Determination will be provided.

Section C - Descriptions and Specifications

TITLE SERVICE SCOPE

PERFORMANCE WORK STATEMENT (PWS)

Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) for Real Estate Title Services

August 2020

1. GENERAL: This Performance Work Statement (PWS) provides for the ordering of real estate title services under an Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC). The work under this contract is primarily in support of the U.S. Army Corps of Engineers Air Force Real Estate Project Management Program, which is responsible for acquiring real property interests on behalf of United States Air Force facilities nationwide, but may also include Interagency Services and Civil Works projects within the Southwestern Division regional boundaries and as assigned in accordance with UAI Subpart 5107.1 and ER 5-1-10. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

Subcontractor service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government for compliance with the terms and conditions of the MATOC and task orders issued thereunder. As used herein, the term Contractor shall mean the Contractor and its employees, agents, representatives, affiliates, subcontractors, and any other person or entity that may be associated with the Contractor.

1.1. This PWS contemplates the ordering of Record Title Evidence, Abstract Updates, and other Title Services, including, without limitation and as more fully described herein: (1) Tax Identification Card and Vesting Deed; (2) Title Report and Abstract; (3) Title Commitment; (4) Title Policy; and (5) Miscellaneous Title Services (e.g.

Curative Calls, Mineral Title Report and Abstract, Mineral Title Opinion, Expert Witness, Mapping, Percentage Ownership Report, etc.).

1.2. The Contractor shall provide Record Title Evidence in compliance with the Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016), (Title Standards), or such future revision to or issuance of this authority. The Contractor shall be a licensed provider of title evidence, if licensing is required by applicable laws in the state where the real property is located. The Contractor shall obey all federal, state and local laws, rules and regulations in performing the requirements and activities contemplated in this PWS. The Contractor shall be responsible for obtaining and maintaining any registration(s) or certification(s) required by federal, state or local laws or regulatory agencies, along with any other registration(s), certification(s), license(s), permit(s), warrant(s), permission(s) or other credential(s) required to perform the requirements of this PWS, which may include membership in the American Land Title Association (ALTA) or Texas Land Title Association (ALTA/TLTA), if applicable. The Contractor shall not accept an order for tracts in which the Contractor holds a financial interest, or is related or affiliated with the owner(s), or other circumstances constituting or appearing to constitute a conflict of interest. In the event of a potential conflict of interest, the Contractor shall notify the Contracting Officer.

1.3. Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure title services are performed in accordance with this PWS, any orders issued hereunder, and applicable rules and regulations. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's quality control program is the means by which the Contractor ensures that the work complies with the requirement of the contract. After acceptance of a satisfactory plan demonstrating the Contractor’s quality control program any change to the quality control program must be approved in writing by the USACE Point of Contact (POC). The Contractor shall participate in status and quality control meetings as requested by the Government, which may be held in person or via teleconference.

1.4. Government Point of Contact (POC) and Contracting Officer’s Representative:

POC Shaun Lenz U.S. Army Corps of Engineers, SWT District 2488 E. 81st Street Tulsa, OK 74137

(918) 669-7412 Shaun.R.Lenz@usace.army.mil

1.5. Contractor Key Personnel: The Contractor shall identify a primary and alternate IDIQ Manager that is responsible for oversight and ensuring compliance with this PWS. Both the primary and alternate IDIQ Manager shall have full authority to act for the Contractor on all matters relating to the daily operation of this PWS and any orders issued hereunder.

1.6. The Contractor will maintain all files related to each order. All file information shall be considered Government property, and shall be delivered to the U.S. Army Corps of Engineers (USACE) upon request by the Contracting Officer (KO). Project-related information shall be considered confidential and shall not be publicly disclosed without express written authorization from the KO.

1.7. Data Rights:

1.7.1. All documents, data, and other materials produced under this PWS, the IDIQ, or an order issued hereunder shall be the property of the Government and may not be used, released, published or sold by the Contractor without express written authorization from the KO. All documents, data, and other materials supplied by the Government under this PWS, the IDIQ, or an order issued hereunder shall remain Government property and shall not be used for any other purpose.

1.7.3. Copyright shall not be claimed by the Contractor for any documents, data, or other materials produced under this PWS, the IDIQ, or an order issued hereunder.

1.7.4. The Contractor shall not provide comments or otherwise respond to inquiries from the media or any local, state or federal governmental bodies, related to this IDIQ or an order issued hereunder, and shall refer all such inquiries to the KO.

1.8. Confidentiality:

Neither the Contractor, nor their representative shall release or publish any sketch, photograph, report or other material of any nature derived or prepared under this IDIQ or any order hereunder without specific written permission of the KO.

All data is considered confidential information and the Contractor shall not divulge any findings and/or opinions to anyone except authorized officials of the U.S. Army Corps of Engineers.

1.9. Government Furnished Items: All documents, data, and other material furnished by the Government under this PWS, the IDIQ, or an order issued hereunder shall remain the property of the Government and shall be returned to the Government within 30 days after the final deliverable of each order is accepted by the Government.

1.10. Contractor must be available to communicate regularly with and as requested by attorneys of the Government, including communications by telephone and e-mail, regarding work to be performed under this IDIQ and specific orders, including without limitation, title defects, title requirements, mapping packages and any necessary curative actions for both title and mapping

1.11. Delays: Reference FAR Clause 52.212-4(f).

1.12. As individual title products are completed, they will be forwarded to the POC for review and acceptance.

If requested by the POC, the Contractor shall forward the entire file upon completion of each title product. Any acceptance by the COR of a title product or other deliverable under any order does not relieve the Contractor of its responsibilities hereunder, including without limitation, its responsibility to provide title products in compliance with the Title Standards, and Federal, state, and local laws and regulations.

1.13. The Contractor shall provide the POC with legible copies of all documents pertaining to the Record Title Evidence and other Title Services in high-quality PDF format, as provided in the order. The Contractor may be required to provide a certified copy of some or all of the recorded instruments, if requested in the order.

1.14. Review Process: The Government (USACE Real Estate and/or Office of Counsel personnel) shall perform an initial review of all products prior to acceptance. The products will be reviewed for compliance with the requirements of the IDIQ, PWS and order. A product shall only be accepted as provided if the Government determines it complies with the requirements of the IDIQ, PWS and order. A product shall be rejected if it does not comply with the requirements of the IDIQ, PWS or order. Any acceptance by the Government of a title product or other deliverable under any order does not relieve the Contractor of its responsibilities hereunder, including without limitation, its responsibility to provide title products in compliance with the Title Standards, and Federal, state, and local laws and regulations.

1.14.1. The Government will perform the initial review upon receipt of the product. The Contractor shall not submit an invoice for such product until after completion of the review process. A notice of a defective product may be issued to the Contractor. The Contractor shall provide all necessary corrections or revisions for the defective product to the Government within 10 working days of the notice. A notice of a defective product may be issued to the Contractor at any point a defect is identified or discovered by the Government. The deadlines contained herein may be extended by agreement between the POC and IDIQ Manager.

1.14.2. Product corrections and revisions resulting from the Government review shall not be construed or interpreted as a change to the scope of the IDIQ, PWS or order. The Contractor shall provide the necessary corrections and revisions at no extra charge.

1.15. Quote Format: In response to Requests for Quote (RFQ) for particular orders hereunder, the Contractor shall submit quotes in the format required by such RFQ . RFQs may require the Contractor to submit a quotes for a particular order(s) within five (5) calendar days after receipt of the RFQ.

2. SCOPE: Orders may be issued for one or more of the following Title Services: (1) Tax ID Card and Vesting Deed; (2) Title Report and Abstract; (3) Title Commitment; (4) Title Policy; and (5) Miscellaneous Title Services. All Abstracts and title insurance products (Title Commitment, Title Policy, etc.) shall comply with the requirements contained in the Title Standards. Separate orders for Miscellaneous Title Services may be issued.

Miscellaneous Title Services may include any one or a combination of the following: Curative title services, Mineral Title Report and Abstract, Mineral Title Opinion, Expert Witness, Encumbrance and Exception Summary with Base Map, Mapping Package, Percentage Ownership Report, Escrow Services, and Closing Services.

2.1. Upon issuance of an order, the POC will provide the Contractor with the location of the land to be researched, which may be identified by a project map, survey, legal description, and/or other similar documentary evidence. The order and/or research performed by the Contractor after receipt of the order may identify more than one tract(s), in which case the Contractor shall provide the requested Title Service(s) for each such tract.

2.2. Properties to be researched may be vacant, improved, residential, commercial, industrial, or rural (agricultural, woodland, wetland). Properties may be owned by private individual, public/private corporate entities, municipalities and/or governmental entities, etc.

2.3. Ownership of minerals or sub-surface rights shall not be provided unless specifically requested in the order.

However, all mineral or similar sub-surface exploration/mining leases, as shown by the public land records or otherwise known to the Contractor, must be included in the Title Report, Runsheet and Abstract, Title Commitment and Title Policy.

2.4. The Contractor shall submit to the Government a complete legible copy of the attorney' s/examiner' s review file, including copies of all documents, maps, plats, title opinions, and related instruments contained therein simultaneously with initial submission of the products ordered under a specific order.

2.5. The Contractor shall submit all title products and related documents required under this PWS or a specific order to the POC within the time period stated in the order. The deadline may be extended by up to 15 calendar days by the POC. Contractor shall attempt to reconcile and note any differences in record ownership for ownership title reports, title policies and commitments, encumbrance and exception summaries and mapping packages for each tract prior to submission to USACE.

2.6. Contractor Attestation: Each title product shall contain a brief written statement/Abstractor Certification, signed by the Contractor, identifying the sources searched (i.e. county tax, public land records, and federal court records) in response to each order.

3. Tax ID Card and Vesting Deed: The Contractor shall research and review the county tax rolls/records, identify the name(s) and contact information for each landowner identified by the County Tax Assessor/Collector, identify the property tax identification/assessment/account number and any recording information noted on such records. The Contractor shall provide (1) a copy of the Tax ID Card, which must include the name(s) of the land owner(s), mailing address (es), and tax account number; and (2) a copy of the most recent deed vesting title to the tract filed in the public land records.

4. Title Report and Abstract: The Contractor shall research the public land records to determine the fee ownership of the tract(s) identified in the order, and shall identify all documents affecting any interest in such tract(s) (e.g., liens, easements, rights-of-way, affirmative and restrictive covenants, leases, and competing records of ownership), as shown by the public land records or otherwise known to the Contractor.

4.1. The Title Report shall include the full name and address for all parties having or claiming any interest in the tract(s) identified in the order, as shown by the public land records or otherwise known to the Contractor.

4.2. The public land records search must be a minimum of 60 years, unless otherwise requested in the order, and shall include all encumbrances, liens, lis penden notices, affidavits of heirship, and any other interest that may affect the surface ownership.

4.3. In the event that the review of the public land records reveals that the subject tract is located in more than one county, the public land records of all such counties must be searched.

4.4. Title Report:

4.4.1. Upon completion of the review of the public land records (to include probate records, if applicable), the Contractor shall submit a Title Report (i.e. a chain of title) for each tract identified in the order. The Title Report shall be a typed, chronological list or reverse chronological list as requested by the Government of all documents affecting title to the tract, including, without limitation, deeds of conveyance/patents/fiduciary deeds (sheriff’s deed, trustees deeds, administrators/executors deeds, etc.), encumbrances (easements, leases, liens, mortgages, deeds of trust, boundary agreements, etc.), plats and maps (subdivisions, dedications, etc.), notices (release, disclaimer, lis pendens, etc.), wills, and final judgments (whether for title, partition, boundary line, possession, etc.).

4.4.2. The Title Report shall identify the timeframe of search (beginning and ending date), current ownership, the last deed of record that transfers a fee interest, and all holders of an interest in the tract (i.e. easements, servitudes, leases, mortgages, liens, deeds of trust, encumbrances, etc.).

4.4.3. The Title Report shall include a description of each document found in the public land records, federal court records as well as those documents otherwise known to the Contractor affecting title to the tract. For each document so identified, the Title Report shall include the name(s) of the grantor(s) and grantee(s), the effective date or date of execution, recordation information (date, book/volume/cabinet and page, or instrument number), a description of the interest conveyed, identification of any reservations from or exceptions to such conveyance, identification of any affirmative and restrictive covenants, a brief description of the affected lands if only a portion of the tract is affected, other comments and page numbers on all document pages and the referenced page number for each recorded instrument notated in the Runsheet.

4.4.4. The Title Report shall identify the percentage interest of fee ownership (to the sixth decimal point) for each co-owner identified throughout the chain-of-title.

4.4.5. The Contractor's title examiner/approving attorney shall certify that he or she has examined all relevant public land records pertaining to title for the required period of search, and that all matters of record affecting title are correctly shown in the Title Report.

4.5. Abstract: The Contractor shall clearly identify the subject tract and provide high-quality PDF copies of all documents found to affect title after examination of the public land records or otherwise known to or discovered by the Contractor. The Abstract shall contain an abstractor's certificate in the form approved by ALTA/TLTA, or otherwise complies state laws and regulatory agencies, and the abstractor shall certify that he or she has examined all relevant public land records pertaining to title for the required period of search, and that all matters of record affecting title are correctly shown in the Abstract. The certificate shall specify the number of pages contained in the Abstract and must be dated and signed by the abstractor.

4.6. Deceased Owners: In the event that the Contractor discovers that the record owner of a tract in an order is deceased, the Contractor shall state whether an administration (i.e. probate) of the record owner's estate has occurred. In the event no administration has been commenced, the Contractor shall state that title to such tract is vested in the Heirs of the Estate of the deceased person and shall attempt to provide the names and addresses of all purported heirs identified in the public land record (i.e. Affidavit(s) of Heirship).

4.7. Minors: In the event the Contractor discovers that title is held by a minor, the Contractor shall provide the name(s) and address(es) of any guardian(s) of such minor, and shall provide copies of all documents containing such information of record.

4.8. Taxes: The Contractor shall verify the amount and payment status of property taxes for each tract identified in the order.

4.9. Adverse Possession/Acquisitive Prescription: The Contractor shall report the discovery of all existing or potential adverse possession claims to a tract identified in the order to the POC together with a copy of evidence of such claim or potential claim. USACE will determine whether further title examination is required.

4.10. Updates: The Government may issue an order seeking an update to a Title Report, Abstract, Encumbrance and Exception Summary with Base Map, Mapping Package, Title Policy and/or Title Commitments previously provided. The Update shall identify all documents affecting any interest in such tract(s) (e.g., deed, liens, easements, rights-of-way, affirmative and restrictive covenants, leases, and competing records of ownership), from and after the date identified in the order, as shown by the public land records or otherwise known to the Contractor.

5. Title Commitment and Title Policy: The Contractor shall ensure the title company issuing a Title Commitment and Title Policy is duly authorized and qualified to issue commitments for title insurance in the state where the tract(s) is located. All Title Commitments and Title Policies shall (1) encompass the subject tract; (2) disclose the full name of every person and entity in whom title to any interest is vested, as shown by the public land records or otherwise known to the insurer; (3) identify all documents affecting any interest in the subject tract revealed by the records search; (4) exceptions from coverage must specifically identify each holder; (5) provide addresses for all parties having or claiming any interest in the subject tract if disclosed by the public land records or known to the insurer; (6) include complete, legible copies or accurate transcriptions of all recorded instruments listed in the title insurance commitment as affecting any interest in the subject tract; (7) identify all local taxing authorities, including lien due dates for each and amounts for all assessments that have not been paid as of the date of the commitment; (8) name the United States as the proposed insured. The Government reserves the right to review the title commitment, discuss with the Contractor, and request a “marked up” or “redlined” copy addressing items that must be corrected prior to issuance of the title policy and updating the effective date of such policy through the date of recording of the deed, as applicable.

5.0. Expiration Date: A title commitment with no expiration date is preferable to allow sufficient time for completion of the acquisition by the United States without the commitment expiring; however, where state law dictates the time period for which a commitment is valid, the commitment shall be valid for no less than that the time that is mandated by state law.

5.1. Exclusions: Each Title Commitment and Title Policy shall list as exclusions from coverage, only those defects, liens, encumbrances or other matters adversely affecting title to the property and interest in the property being acquired. The practice of providing blanket exclusions (i.e. listing all encumbrances which appear of record in the name of a particular land owner, without regard to the applicability to such exceptions or encumbrances to the subject tract) will render the Title Commitment or Title Policy unacceptable. The exclusions from coverage shall specifically identify each holder of the interest excepted.

5.1.1. The Contractor shall provide copies of all documents identified as exclusions from coverage in high-quality PDF format.

5.1.2. In the event the Contractor takes exception to the legal status, standing or authority of any Business Organization, then the Contractor shall identify each by name and state with particularity the defect associated with such entity.

5.1.3. After review of the exclusions, the Government may issue an order for curative Title Services, as detailed more particularly in Section 5.6, below.

5.2. After approval of the Title Commitment by the Government, the Contractor shall issue an ALTA/TLTA U.S. Title Policy and/or ALTA/TLTA U.S. Title Endorsement. A Title Policy will only be ordered for those tracts where the "United States of America and assigns" will acquire an interest in land. ALTA/TLTA Owner’s and/or Lender’s Policies will not be accepted.

5.3. The Contractor shall provide a signed and dated original (and high-quality PDF copy) ALTA/TLTA U.S.

Title Policy and/or ALTA/TLTA U.S. Title Endorsement to USACE for review and approval, as provided in the order. Only ALTA/TLTA U.S. Title Policies and/or ALTA/TLTA U.S. Title Endorsements will be utilized and must be the most current version approved for use by the Attorney General

5.4. Each Title Commitment and Title Policy shall include reference to the Contractor’s name, IDIQ number, order number, and project name and/or tract number, as applicable.

5.5. The Title Policy shall comply with the Title Standards and the title commitment as reviewed and accepted by the Government, including without limitation, listing as exclusions from coverage only those agreed to and uncured defects, liens, encumbrances or other matters adversely affecting title to the property and interest in the property being acquired, and shall specifically identify each holder of the interest excepted.

5.6. Curative Orders and Requirements: The Contractor may be asked to provide curative services related to certain title defects identified as encumbrances during the Abstract update or Title Search as well as for any exclusions identified in the Title Commitment. Curative services may include, but are not limited to, obtaining copies of court filings (probate, divorce, etc.), release of lien/lender consent/subordination, affidavit(s), disclaimer(s), and related documents. A separate order for curative services may be issued following USACE’s review of an Abstract, Title Commitment or other title product(s). The curative order will identify the curative services requested for a particular tract as well as any necessary consultation with the Contractor regarding how best to cure the title defects within the laws of the state where the transaction will occur.

5.6.1. The Contractor shall provide a description of curative action(s) and document(s) necessary to cure the title defect(s) identified in the curative order.

5.6.2. The Contractor shall discuss the title defect(s) and proposed curative action(s) and document(s) with USACE (POC and counsel) prior to commencing such action(s) or preparing/obtaining such document(s). The time and effort expended for such discussions and communications must be included in the Contractor’s total order price.

5.6.3. The Contractor shall include in its price for a particular order costs to (a) obtain copies of court filings for curative purposes; (b) prepare and/or obtain executed curative documents; and (c) file curative documents in the public land records, as directed in the order.

5.6.4. Curative Reports: The Contractor shall submit a Curative Report to the POC within the time period stated in the order. The deadline may be extended by up to 15 calendar days by the POC. Curative Reports shall detail the action(s) taken to cure the title defect(s) and may include, without limitation:

5.6.4.1. Court Proceedings: The Contractor may be asked to provide copies of documents filed in court proceedings, including, without limitation, administrations (i.e. probate) and divorce proceedings. The Contractor shall provide a copy of the docket sheet to the POC and obtain copies of court filings as directed by the POC.

5.6.4.1.1. In the event administration filings are requested, the Contractor shall review the court records and provide the name(s) and address(es) of the executor(s)/administrator(s) of the estate and identify all purported heirs, devisees, lienholders, and other parties who may have an interest in the tract. The Contractor may be requested to obtain such disclaimers or other curative documents as are necessary to determine ownership of the tract(s).

5.6.4.1.2. In the event divorce filings are requested, the Contractor shall review the court records and provide the name(s) and address(es) of the party(ies) awarded an interest in the tract. The Contractor may be requested to obtain such quitclaim deeds, affidavits of marital status, or such other curative documents as are necessary to confirm ownership of the tract(s).

5.6.4.2. Releases: The Contractor may be asked to confirm certain lien(s) or judgment(s) have been satisfied /released and obtain such documents to clarify the public land records. In the event a tract is encumbered with a mortgage lien (i.e. deed of trust), the Contractor may be required to obtain lender consent(s), subordination(s), partial release(s) and/or payment instructions to effectuate a partial acquisition/transfer of land.

5.6.4.3. Disclaimers: The Contractor may be asked to obtain disclaimer(s) of interest in particular tract(s) from public or private interest owners of record. The disclaimers may be related to easements, roadways, pipelines, or other encumbrances identified in the order.

5.6.4.4. Affidavits: The Contractor may be asked to obtain affidavits of non-production or similar documents clarifying the status of oil, gas, and other subsurface exploration or production.

5.6.4.5. Secretary of State: The Contractor may be asked to obtain copies of corporate or other business organization (general partnership , limited partnership, limited liability company, joint venture, professional association , trust, etc.) documents filed with the Secretary of State /Commonwealth or the appropriate State Office (i.e. the articles of organization, operating agreement, certificate of good standing, etc.). The Contractor shall obtain such documents as are required to identify the organizational requirements and authorized signatories to effectuate a transfer of real property.

5.6.5. Upon successful completion of the curative action, the Contractor shall ensure the cured title defect is removed as an exclusion in the Title Commitment.

5.6.6. Memorandum (Incurable Defects): If the Contractor is unable to cure a title defect(s) identified in the curative order, the Contractor shall provide a memorandum containing a narrative statement detailing the actions taken to attempt to cure the defect. The Contractor shall submit the memorandum to the POC within 15 days of determining the defect is incurable.

5.7. Updates: The Government may issue an order seeking an updated Title Commitment and Title Policy, as needed. The updated title research shall comply with the provisions of hereinabove.

6. Miscellaneous Title Services: The Government may issue individual orders for one or more of the following Miscellaneous Title Services:

6.1. Curative Orders: See Section 5.6 of this PWS.

6.2. Mineral Title Report and Abstract: The Contractor shall research the public land records to determine the subsurface/mineral ownership of the tract(s) identified in the order, and shall identify all documents transferring any such interest, as shown by the public land records or otherwise known to the Contractor. The period of search of public land records shall be identified in the order, and shall include all documents affecting subsurface/mineral ownership. In the event that the review of the public land records reveals that the subject tract is located in more than one county, the public land records of all such counties must be researched.

6.2.1. Upon completion of the review of the public land records, the Contractor shall submit a Mineral Title Report (i.e. a mineral chain of title) for each tract identified in the order. The Mineral Title Report shall be a typed, chronological list of all documents affecting title to the subsurface/mineral estate. The Mineral Title Report shall (1) include the full name and address for all parties having or claiming any subsurface/mineral interest in, on or under the tract identified in the Call, including, without limitation, all mineral leases and other mineral interests that may impact the surface, as shown by the public land records or otherwise known to the Contractor; (2) identify the timeframe of search (beginning and ending date), current ownership, the last deed(s) of record vesting ownership of any interest in the subsurface /mineral…