W91238-13-Q-0041_Title_Services.pdf

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J ST

SACRAMENTO CA 95814-2922

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$10M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W91238-13-Q-0041 14-Aug-2013

b. TELEPHONE NUMBER

916-557-7012

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 18 Sep 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W91238

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE W91238 16. ADMINISTERED BY

REAL ESTATE DIVISION

DANIEL FODRINI

1325 J STREET

SACRAMENTO CA 95814-2922

TEL: FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOSEPH J HETRICK

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

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

541191

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W91238-13-Q-0041

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3,000,000 Lump Sum Title Services

FFP

The contractor shall provide all services, supplies, labor and deliverables as specified in the attached Performance Work Statement.

FOB: Destination

NET AMT

PERFORMANCE WORK STATEMENT

Project: Preliminary title reports, vesting deeds, Schedule B exceptions, title commitments, escrow services, document recording and policies of title insurance, Arizona – Statewide

Points of Contact:

Technical: Mr. Daniel Fordini US Army Corps of Engineers

CESPK-RE-B

1325 J Street Sacramento CA 95814-2922 P: (916) 557-6790 F: (916) 557-7851 Daniel.C.Fodrini@usace.army.mil

Contracting: Mr. Joseph Hetrick US Army Corps of Engineers

CESPK-CT-B

1325 J Street Sacramento CA 95814-2922 P: (916) 557-7012 F: (916) 557-7524 Joseph.J.Hetrick@usace.army.mil

Tasks: The Contractor shall provide all labor, materials, necessary to supply: Preliminary title reports, vesting deeds, Schedule B exceptions, title commitments, escrow services, document recording and policies of title insurance.

Typical Submittals: Each call will require some or all of the following as submittals for designated parcels.

1. Copies of preliminary title reports - Preliminary Title Reports provide a list of the matters which will be shown as exceptions to coverage in a designated policy or policies of title insurance.

2. Copies of vesting deeds – a written instrument transferring the title or an interest in real property from one party to another.

3. Copies of Schedule B documents – recorded copies of the exceptions listed on schedule b of the title report

4. Copies of title commitments - an offer to issue a title insurance policy. The title commitment will describe the various conditions, exclusions and exceptions that will apply to that particular policy

5. Recorded documents – copies of the documents recorded with the county recorder’s office subsequent to the close of escrow.

6. Copies of policies of title insurance - assurance of indemnification for loss occasioned by defects in the title to real property or to an interest therein which is insured.

Location of Services: All work will be located in the state of Arizona

Team Arrangements: The BPA Holder will be the prime contractor for any order placed under this BPA, regardless of any teaming arrangements it may make with other firms. The BPA Holder will be solely responsible for providing the ordered services, and payment for the accepted services will be made only to the BPA Holder/Contractor.

BPA Ordering Process: As requirements determined by the Government to be appropriate for ordering under this BPA materialize, the government will issue Requests for Quotations (RFQs) to BPA Holders.

The RFQs will include 1) a Statement of Services describing the work to be performed; 2) any special contractual requirements that will apply to the order, to include delivery requirements/performance schedules; 3) any applicable Service Contract Act wage determinations; and 4) quotation preparation and submittal instructions. If interested in competing for the order, the BPA Holder must respond by submitting a quotation. The BPA Holder is not required to compete for every order. Quotations will generally consist of 1) technical/capability information, 2) a lump sum FIRM FIXED PRICE (inclusive of all labor, materials, travel, expenses, etc), and 3) a price breakdown for the price quotation by labor categories with estimated hours at the established hourly rates and all associated Other Direct Costs, to include printing and production costs, travel, facilities rental, ETC. The government will evaluate every quotation that is timely received and will select the one that offers the best value to the Government, based on the criteria established in the RFQ. The government-authorized caller will then issue the BPA order to that BPA Holder. The order will be issued on a firm fixed price basis. The BPA order will cite appropriation and obligate funds. Upon acceptance by the BPA Holder, either in writing or by substantial performance, the order will become a binding contract between the Government and the BPA Holder.

Other Sources: This BPA is not a required source for obtaining the services described herein. The determination of whether or not to use the BPA to acquire services is reserved exclusively by the Government. The Government may elect to use the BPA to obtain services, but is not required to do so.

The Government may perform services in-house, may solicit and award other contracts for work which could have been ordered under this BPA, or may use other existing contracts (including Federal Supply Schedules).

BPA FUNDING: No funds are or will be obligated under a BPA. All funds will be obligated against the orders, if any, placed under this BPA.

BPA Minimums and Maximums: No work is guaranteed under a BPA. The minimum dollar value of work that must be ordered by the government under a BPA Call is $2,500. The maximum value for a BPA Call is $150,00.00. The maximum dollar value for the entire BPA is $3,000,000.00.

Authorized Callers: Only authorized callers from the SPK Contracting Office may place orders under the BPA. The BPA Holder will receive a list of the authorized callers and will not respond to any government employee who is not on the list.

Term of the BPA: This BPA will be valid for a five-year period from the date established, unless the Government provides a 30 day notification to terminate the agreement. Should the Government request its discontinuation, work on existing orders/calls shall be completed by the contractor, including any modifications executed on any remaining calls. Once a BPA is terminated, no new orders will be placed with the BPA Holder.

Period of Performance:

Each call will typically have a 55 working day period of performance from the date of award:

20 working days from date of award for furnishing preliminary title reports, vesting deeds and Schedule B documents.

15 working days from date of receipt boundary survey to furnish title commitments.

15 working days from date of receipt of Governments escrow instructions to close escrow and record documents.

15 working days from the recording of documents to furnish title insurance.

Firm Fixed Price: Orders placed under this BPA will be firm fixed price. Price quotations are to include all costs associated with performance of the required service, to include all labor, materials, travel, per diem, and any other direct, indirect or incidental costs necessary for performance of the ordered services.

Unless the order is modified in writing (e.g. there is a change in the scope of services ordered), the obligated amount will not be adjusted. The cost breakdown furnished with the price quotation is for information purposes only, so that the Government may verify that the lump sum price being quoted conforms with the agreed to rate established on the BPA.

Other Direct Costs (ODC’s): Other Direct Costs, also known as incidental items, consist of those services and products (other than labor hours) needed to complete an order. The BPA Holder is not required to provide a fixed price list of ODCs as part of the price quotation for the BPA competition.

However, each price quotation for an order to be issued under a BPA must include all ODCs required for successful performance of the ordered service. Additionally, the price quotation for each order must include a breakdown to support the lump sum price quotation, which will include ODCs.

Invoices: Invoices for each payment will be submitted upon completion of services/tasks as outlined in the pricing/payment schedule for each order. Invoices shall include all necessary information and shall include any necessary supporting documentation. Payment and invoicing instructions are included in the Performance Work Statement with each order. SUMMARY INVOICES: A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

Contract Payments: The Government shall pay the Contractor/BPA Holder upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the order. The negotiated price for the order may include a payment schedule based on task or product deliveries, but not for a percentage of completion. Deliverables must be accepted by the Government before payment will be made.

Safety and Accident Prevention: In performing ordered services, the BPA Holder/contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; and (2) avoid interruptions of Government operations and delays in project completion dates. The BPA Holder/contractor shall comply with the following documents to the extent applicable to the performance of services under any order under the BPA: Federal Occupational Safety and Health Administration (OSHA), 29 Code of Federal Regulations 1910; 1926 (see http://www.access.gpo.gov) and EM 385-1-1.

Government Property: All materials gathered and/or developed in the performance of the order services will be the property of the Government, including all electronic and hard copy work products. At the Government’s request, the above materials and work will be furnished to the Government at no additional cost.

Authorities / Technical Direction: The Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule.

Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contractor Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contracts at this installation are not valid for this contract.

Quality Control: The Contractor/BPA Holder shall be responsible for quality control of its own work.

The Contractor/BPA Holder shall have a logical and functional quality control program to assure that errors and deficiencies in all submittals are minimal.

Quality Assurance Surveillance Plan (QASP): The BPA Holder shall be responsible for quality control of work performed. Each BPA Call will have its own QASP specifying how the Government will evaluate acceptable performance

(End of Section)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 30-SEP-2013 TO

30-SEP-2018

N/A REAL ESTATE DIVISION

DANIEL FODRINI

1325 J STREET

SACRAMENTO CA 95814-2922

FOB: Destination

W91238

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JAN 2012 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

AUG 2012

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

MAY 2011

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.209-7 Information Regarding Responsibility Matters FEB 2012 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

FEB 2012

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

MAY 2012

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.251-1 Government Supply Sources APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7006 Billing Instructions OCT 2005 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.212-7000 Offeror Representations and Certifications- Commercial

Items

JUN 2005

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

DEC 2006

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

NOV 2010

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) 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. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) 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);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

*** FAR 52.212-1 Addendum ***

Contractor submittals:

Interested contractors need to submit information on their key personnel, who would be working on the BPA Calls, information about their organizations experience with this type of work, Past Performance Questionnaires completed by previous clients, and a complete pricing schedule. (For information about how submissions will be evaluated, see Evaluation of Offers section.)

Pricing shall be provided in accordance with the schedules included in the Performance Work Statement. All pricing/rates shall be submitted on pages separate from technical information. (Pricing/rates are not visible to Government evaluator/s until after the technical evaluation is completed.) Instructions for Technical Requirements Contractors shall submit documentation for the following requested evaluation criteria for title and escrow services in Southern Arizona.

SUBMISSION REQUIREMENTS FOR TECHNICAL PROPOSAL SUBMISSION:

The Technical and Price Proposals are to be submitted in digital format in a PDF file. Submissions shall be emailed to: Raymond.r.greenheck@usace.army.mil AND joseph.j.hetrick@usace.army.mil. Please provide separate files for the Technical and Price proposals.

Use 8-1/2” x 11” pages for the narrative portions of the proposal. There is not a page limit for the overall technical proposal; however, there may be limits imposed at the tab level. Organize your technical proposal as indicated below. Although the Government may use information contained anywhere within the technical proposal in its evaluation of any technical evaluation criteria, the Government is not obligated to search for or to consider information that is not located in the specified location. Number the pages. Do not include information pertaining to your proposed pricing for this project in the technical proposal. Limit your submittals to the information specified; excess information will not be evaluated.

Instructions for Technical Proposal Submittals:

FACTOR 1: Key Personnel Qualifications: Provide a Curriculum Vitae (CV) for each Escrow Officer, Escrow Assistant and Title Officer that would be providing Escrow and Title Services for this project. The CV must include a short account of the individual’s career, qualifications, and accomplishments specifically supporting expertise in Escrow and Title Services. The CV must indicate experience performing or assisting in escrow closings and/or a experience performing title services (researching title, issuing title policies, etc). Include the individual’s current employment status. If not full time, indicate the number of hours currently working for the firm per week and (work) hours committed elsewhere, indicate the number of hours the individual could be working per week on this contract, if work from this contract was provided. Each CV shall not exceed two (2) pages.

FACTOR 2: Organizational Capability and Experience: Provide a brief resume of your organization’s recent, relevant experience with work similar to the work that will be required under the prospective BPA. For multi-segmented business concerns, the corporate experience described must be that of the element of your organization which will actually be performing the work under the prospective purchase order.

Furnish the attached one-page project summary for the three (3) projects that your organization has completed within the last three years that are most similar to the work to be performed under the prospective contract (see Appendix A). The work on the referenced projects must have been performed by the element of your organization that will perform the work on the prospective purchase order. State whether or not the proposed technical lead for the prospective purchase order worked on the referenced project, and if so, in what capacity.

Instructions for the Past Performance Questionnaire Submittals: Provide three (3) completed Past Performance Questionnaires (see Appendix B). Questionnaires must be submitted by previous clients and must be for the same or similar type work.

a. The Past Performance Questionnaire included in the solicitation is provided for the offeror or its team members to submit to the client. Ensure correct phone numbers and email addresses are provided for the client point of contact.

Completed Past Performance questionnaires should be submitted with your proposal or via the client. The offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Joe Hetrick via email at joesph.j.hetrick@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other solicitations. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

b. Also include performance recognition documents received within the last three years, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

c. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting system (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

(End of addendum)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Your proposal will be evaluated based on the following evaluation factors: Organizational Experience, Key Personnel Qualifications, Past Performance and Price.

Your technical proposal will be evaluated to determine your understanding of the work requirements and the qualifications of your organization, to include the proposed technical lead(s), based on successful completion of work similar to the work that will be required under the prospective BPA. The contractor’s likelihood of success as evidenced by the technical proposal (e.g., “proposal risk,”) will also be a consideration in the evaluation of the technical proposal. The technical factors will be evaluated against the following criteria:

Factor 1 - Key Personnel The proposal indicates the key personnel assigned have the appropriate education, knowledge, expertise, and experience to accomplish this project. The proposal identifies key personnel who have appropriate abilities in the following areas:

- At least five years experience performing or assisting in escrow closings AND/OR

- At least five years experience performing title services (researching title, issuing title policies, etc)

Factor 2 – Organizational Capability and Experience The contractor demonstrates significant experience on projects the same or very similar to the work described in the Performance Work Statement. This includes in particular, a demonstrated ability in the following areas:

- Escrow closings of the same scope and complexity as the work described in the performance work statement.

- title research of the same scope and complexity as the work described in the performance work statement

- sufficient personnel availability necessary to perform multiple projects at multiple locations across the state

- ability to perform title research on properties located in Pima, Yuma, Santa Cruz and Cochise counties of

Arizona.

- ability to record closing documents in Pima, Yuma, Santa Cruz and Cochise counties of Arizona.

In its evaluation of contractor’s past performance, the Government may use information furnished by the references identified in the contractor’s technical proposal and recent, relevant information available to the Government from other sources, to include Government databases. Contractors will be given the opportunity to comment on any negative past performance information received.

Your price quotation will be analyzed for reasonableness and unbalanced pricing. The price quotation may also be analyzed to determine whether it is realistic for the work to be performed and reflects a clear understanding of the Government’s requirements.

Past Performance and Technical factors, when combined, are significantly more important than Price.

The government intends to award up to 2 BPAs to the most technically qualified contractor(s) whose pricing can be determined to be fair and reasonable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

“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

(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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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 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--

(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 veterans or, 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.

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.

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 business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"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 least 51 percent of its stock is owned by one or more women; or

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

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.

(b) (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 posted electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) 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 ORCA.]

(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, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(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.

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

(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 [ ]…