W9126G19R0084_Solicitatin_(A00001).pdf

PDF 3 MB Posted Mar 9, 2019

Attached to: Amendment A00001
Solicitation number: W9126G19R0084
Issued by: Department of the Army Corps of Engineers Engineering District Fort Worth

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The following changes are incorporated into the solicitation:

1. BPA has been added in accordance with FAR PART 13

2. The Performance Workstatement has been incorporated

1. CONTRACT ID CODE PAGE OF PAGES

1 47

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9126G19R0084

X 9B. DATED (SEE ITEM 11)

08-Mar-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

U0001

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Mar-2019

CODE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

Request for Quotes (RFQ)

Solicitation Number: W9126G19R0084

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

1. In accordance with FAR 19.502-2, this action is a total small business set-aside

2. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Performance Work Statement. The Government’s intent is to establish multiple Blanket Purchase Agreements based on Responses to this solicitation. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

3. Set Aside: 100% Small Business

4. NAICS: 541191

5. Size Standard: $11 Million

6. Requirement Description: Establish multiple BPA’s for Real Estate Title and Curative

Services in accordance with the Performance Work Statement.

7. Performance Period: Five years from date of award

8. Place of Performance: TX

9. FOB: Destination

10. FAR provision 52.212-1, Instructions to Offerors -- Commercial, and

52.212-1 Addendum to Instructions to Offerors applies to this acquisition.

11. FAR provision at 52.212-2, Evaluation -- Commercial Items, applies to this requirement;

12. Respondents are advised to include a completed copy of the provision at

52.212-3, Offeror Representations and Certifications -- Commercial Items, with their quotes.

13. FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

14. FAR clause at 52.212-5, Contract Terms and Conditions Required To

Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. All selected clauses are applicable to the acquisition.

15. Offer due date, time and method of submission

a. Date: March 22, 2019

b. Time: 3:00 P.M C.T.

c. Method: Email to Fredrick.l.Wilson@usace.army.mil

GENERAL BLANKET PURCHASE AGREEMENT REQUIREMENTS

Real Estate Appraisal Services

U.S. Army Corps of Engineers (USACE)

1. Description of Agreement

a. This Agreement is a Blanket Purchase Agreement (BPA) as described in Federal Acquisition Regulation (FAR) Part 13. The Contractor shall furnish real estate abstract and curative services as in accordance with the Performance Work Statement.

b. Services shall only be performed in the state of Texas with specific counties designated at the individual Call level.

c. The performance period shall include a 12 month base period with four 12 month option periods.

d. Purchase made under this agreement shall be referred to as Calls.

2. Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under the BPA. The establishment of the BPA does not imply any agreement on the part of the Government to place future contracts or orders with the BPA holder. The Government makes no representation as to the number of Calls or actual amount of work to be ordered.

3. Purchase limitation: The dollar limitation for each individual Call is $7M.

4. Individuals authorized to purchase under the BPA: A list of individuals authorized to purchase under this BPA will be provided after award by the Contracting Officer.

5. Call Procedures:

a. USACE may have multiple BPAs in place with various contractors for the same services.

When USACE has a requirement, a request for quote may be sent to one, or more than one BPA holder to determine if a Contractor can provide the services in the required time frame and the total price.

b. Calls will be distributed as evenly as practicable among all BPA holders, considering firm’s capacity and ability to complete the work within the time required and the quality of performance on previous calls.

c. Total price must be based upon the prices included in the agreement. If more than one contractor can provide the services in the required time frame, selection of the contractor will be based on the lowest priced quote received.

6. Delivery Tickets: All deliverables provided under the agreement shall be identified by the following minimum information:

Name of contractor

BPA number

Date of purchase (Call)

Purchase (Call) number

Itemized list of item furnished

Quantity, unit price, and extension for each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information)

Date of delivery or shipment

7. Invoices: An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliverables provided against this BPA during a billing period and for which payment has not been received. Invoices will be paid based on deliverables that have been received and approved by the Call’s Government point of contact (POC). These invoices need not be supported by copies of delivery tickets, however invoices must indicate the BPA number, Call number, item of work completed, and amount due for each.

Invoices shall be submitted via email to the Government POC.

PERFORMANCE WORK STATEMENT

(PWS)

Real Estate Title Services

1. GENERAL: This Performance Work Statement (PWS) provides for the ordering of Calls for real estate title services under a Blanket Purchase Agreement (BPA). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. 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 and other Title Services, including (1) Tax Identification Card and Vesting Deed; (2) Title Report and Abstract; (3) Title Commitment; (4) Title Policy; and (5) Miscellaneous Title Services (Curative Calls, Mineral Title Report and Abstract, Mineral Title Opinion, Expert Witness, Mapping, Percentage Ownership Report).

1.2. The Contractor shall provide Record Title Evidence in compliance with Part 3 of the Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016), as revised (Title Standards). 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 (TLTA), if applicable. The Contractor shall not accept a Call for tracts in which the Contractor holds a financial interest, or is related or affiliated with the owner(s).

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. 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 he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan, any change to the quality control program must be approved in writing by the USACE Point of Contact (POC). The Government will perform quality assurance in accordance with the Performance Requirements Summaries in this PWS. 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. Contractor Key Personnel: The Contractor shall identify a primary and alternate BPA Manager that is responsible for oversight and ensuring compliance with this PWS. Both the primary and alternate BPA Manager shall have full authority to act for the Contractor on all matters relating to the daily operation of this PWS.

1.5. The Contractor will maintain all files related to each Call. 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.

1.6. Data Rights:

1.6.1. All documents, data, and other materials produced under this PWS or the BPA shall be the property of the Government and may not be used 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 or the BPA shall remain Government property and shall not be used for any other purpose.

1.6.2. The Contractor shall not release or publish any of the documents, data, or other materials derived or prepared under this PWS or the BPA without express written authorization from the KO, unless specifically provided in the Call.

1.6.3. Copyright shall not be claimed by the Contractor for any documents, data, or other materials produced under this PWS or the BPA.

1.6.4. The Contractor shall not provide comments or otherwise respond to inquiries from the media or any local, state or federal governmental bodies, and shall refer all such inquiries to the KO, without express written authorization from the KO.

1.7. Government Furnished Items: All documents, data, and other material furnished by the Government under this PWS or the BPA shall remain the property of the Government and shall be returned to the Government within 30 days after the final deliverable of each Call is accepted by the Government.

1.8. The Contractor shall submit a Runsheet to the POC upon commencement of work on a Call, where available. The Runsheet should contain recordation information (Vol/Pg. or Inst. #), Grantor/Grantee, instrument type, instrument date, recording date, acreage, survey, or similar information applicable to each individual tract identified in the Call and/or discovered by the research performed.

1.9. The Contractor shall maintain a status log for each Call. The status log shall reflect the time spent on each Call. By the 5th day of each month, the Contractor shall email the POC a status report for each Call. Status reports shall consist of a list of the tracts being worked on, the percentage of work completed, and the expected completion date.

1.9.1. Delays: In the event the Contractor determines that title product(s) ordered under this PWS may not be delivered by the expected completion date, the Contractor shall immediately notify the POC, explain the reason(s) for the delay, and provide the POC with the anticipated completion date.

1.10. As individual title products are completed, they will be forwarded to the POC for review and approval. If requested by the POC, the Contractor shall forward the entire file upon completion of each title product.

1.11. 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 Call. The Contractor may be required to provide a certified copy of some or all of the recorded instruments, if requested in the Call (reimbursable expense).

1.12. Review Process: The Government (USACE Real Estate and/or Office of Counsel personnel) shall review all Call products prior to acceptance. The Call products will be reviewed for compliance with the requirements of the BPA, PWS and Call. A Call product shall be accepted as provided if it substantially conforms to the requirements of the BPA, PWS and Call.

A Call product shall be rejected if it does not comply with the requirements of the BPA, PWS or Call.

1.12.1. The Government shall perform the review and provide the Contractor with notice of non-compliance within 15 working days of receipt of a Call product. The Contractor shall provide all necessary corrections or revisions to the Call product within 10 working days of receipt of the notice. The deadlines contained herein may be extended by agreement between the POC and BPA Manager.

1.12.2. Call product corrections and revisions resulting from the Government review shall not be construed or interpreted as a change to the scope of the BPA, PWS or Call. The Contractor shall provide the necessary corrections and revisions at no extra charge.

2. Scope: Calls 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 Calls for Miscellaneous Title Services may be issued (Curative title services, Mineral Title Report and Abstract, Mineral Title Opinion, Expert Witness, Mapping, Percentage Ownership Report).

2.1. Upon issuance of a Call, 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 Call and/or research performed by the Contractor 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 individuals, public/private corporate entities or governmental entities, etc...

2.3. Ownership of minerals or sub-surface rights shall not be provided unless specifically requested in the Call. 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 and Abstract, Title Commitment and Title Policy.

2.4. Upon completion of a Call, the Contractor shall submit 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.

2.5. The Contractor shall submit all title products and related documents required under this PWS to the POC within the time period stated in the Call. The deadline may be extended by up to 15 calendar days by the POC.

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

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 landowner(s), mailing address(es), and tax account number; and (2) a copy of the most recent deed vesting title 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 Call, 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 Call, 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 Call, and shall include all encumbrances, liens, lis pendens 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 researched.

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 Call. The Title Report shall be a typed, chronological list of all documents affecting title to the tract, including, without limitation, deeds of conveyance/patents/fiduciary deeds (sheriffs 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), and must substantially comply with the format contained in Attachment 4.

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 or 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, and a brief description of the affected lands if only a portion of the tract is affected.

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.

4.5.1. The Abstract shall contain an abstractor’s certificate in the form approved by 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 should 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 a Call 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 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 Call.

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 Call 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 a Call seeking an update to a Title Report and Abstract 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 Call, 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.

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 landowner, 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 a Call 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 a TLTA U.S. Title Policy (T-11) and/or TLTA U.S. Title Endorsement (T-12). A Title Policy will only be ordered for those tracts where the “United States of America and assigns” will acquire an interest in land.

5.3. The Contractor shall provide a signed and dated original (and high-quality PDF copy) TLTA U.S. Title Policy (T-11) and/or TLTA U.S. Title Endorsement (T-12) to USACE for review and approval, as provided in the Call.

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

5.5. The Title Policy shall list as exclusions from coverage only those 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 Calls and Requirements: The Contractor may be asked to provide curative services related to certain title defects identified as encumbrances in an Abstract or as exclusions in a Title Commitment. Curative services may include obtaining copies of court filings (probate, divorce, etc), release of lien/lender consent/subordination, affidavit(s), disclaimer(s), and related documents. A separate Call for curative services may be issued following USACE’s review of an Abstract, Title Commitment or other title product(s). The curative Call will identify the curative services requested for a particular tract.

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

5.6.2. The Contractor shall discuss the title defect(s) and proposed curative action(s) and/or 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 factored into the Contractor’s total Call price.

5.6.3. The Contractor shall provide an estimate of costs to (a) obtain copies of court filings;

(b) prepare and/or obtain executed curative documents; and (c) file curative documents in the public land records, as directed in the Call.

5.6.4. Curative Reports: The Contractor shall submit a Curative Report to the POC within the time period stated in the Call. 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 Call.

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 (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 are 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 Call, 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: In the event closing on a tract does not occur prior to the expiration date of the Title Commitment or six (6) months from the issuance of a Title Commitment, whichever is earlier, the Government may issue a Call seeking an updated Title Commitment and Title Policy, applicable to the new closing date. The updated title research shall comply with the provisions of hereinabove.

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

6.1. Curative Calls: 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 Call, 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 Call, 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 Call. The Mineral Title Report shall be a typed, chronological list of all documents affecting title to the subsurface/mineral estate and must substantially comply with the format contained in Attachment 4. 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 estate; (3) include a description of each document found in the public land records or otherwise known to the Contractor affecting title to the subsurface/mineral estate, including the name(s) of the grantor(s) and grantee(s), the effective date or date of execution, recordation information (date, book and page, or instrument number), a description of the interest or percentage interest conveyed, identification of any reservations from or exceptions to such conveyance, identification of any affirmative and restrictive covenants (i.e.

surface use rights or restrictions), and a brief description of the affected lands if only a portion of the tract is affected; and (4) a certification from the Contractor’s title examiner/approving attorney 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 Mineral Title Report.

6.2.2. Mineral Abstract: The Contractor shall clearly identify the subject tract and provide high-quality PDF copies of all documents found to affect title in the subsurface/mineral estate after examination of the public land records or otherwise known to or discovered by the Contractor. The Mineral Abstract shall contain an abstractor’s certificate in the form approved by 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 Mineral Abstract. The certificate should specify the number of pages contained in the Mineral Abstract and must be dated and signed by the abstractor.

6.3. Mineral Title Opinion: The Contractor shall provide a Mineral Title Opinion covering the current owner(s) and lessee(s) of subsurface/mineral interests, including the percentage interest of ownership (to the sixth decimal point) for each co-owner identified throughout the chain-of-title. The Mineral Title Opinion shall be completed by a duly licensed attorney in the state in which the property is located. The Mineral Title Opinion will be based upon a Mineral Title Report and Abstract created by, or provided to, the Contractor.

6.4. Expert Witness: The Contractor may be asked to provide expert witness services for legal proceedings. The request may be made by the Department of Justice, U.S. Attorney’s Office, or USACE. In such cases, compensation for expert witness services will be negotiated with the Agency Agreement.

6.5. Mapping Services: The Contractor shall provide map depictions [metes & bound calls with XY coordinates (where information is available) in the appropriate TX State Plane Zone NAD 83, US Survey Feet NAD83 for the County the work is located in] of one or more of the encumbrances identified in the Title Report or Abstract, or exclusions from coverage listed in the Title Commitment or Title Policy, as requested in the Call. The product shall be a map of the parent tract, plots identifying the location(s) of the encumbrance(s) or exclusion(s), and an overlay of the tract(s) identified in the Call. The product should depict the spatial relationship between the subject tract and location(s) of the mapped encumbrance(s) or exclusion(s) (i.e.

easements). The package shall include maps in high-quality PDF, CADD, and/or GIS feature class (ArcMap) file format, as requested in the Call. Map packages shall be submitted to the POC within the time period stated in the Call. The deadline may be extended by up to 15 calendar days by the POC.

List of Attachments:

Attachment 1 – Price Sheet Attachment 2 – Performance Requirements Summary Attachment 3 – Deliverables Attachment 4 – Runsheet and Instructions Attachment 5 – Title Report with Instructions/Examples Attachment 6 – Mapping and Deed Plot Drawing Examples

ATTACHMENT 1

Price Sheet

Price proposals shall be provided for each Call consistent with the charts below. Title Commitment and Title Policy compensation shall be based on the Texas Rate Table for Title Insurance Policies promulgated by the Texas Department of Insurance (TDI). Hourly proposals shall include a “not to exceed” cap and shall include hourly rates for Project Manager, Abstractor, Examiner, Reviewing Attorney, Clerical, and other service providers, as applicable. Updates are for bringing a previously-delivered title product current and pricing shall not include time or effort expended on the prior deliverable.

TITLE SERVICE CONTRACT TYPE

Tax ID Card and Vesting Deed Firm Fixed Price Title Report and Abstract Fixed price Hourly + Copy costs Title Commitment and Title Policy TDI Curative Calls Fixed price Hourly + Copy costs Mineral Title Report and Abstract Fixed price Hourly + Copy costs Mineral Title Opinion Fixed price Hourly + Copy costs Expert Witness Fixed price Hourly + Copy costs Mapping Firm Fixed Price (per tract cost) Report Updates Firm Fixed Price (per tract cost)

ABSTRACTING IN-HOUSE TITLE SERVICES

Labor-Discipline Rate (Hourly) Updates (Between) Flat Fee Project Manager $ 50.00 1 month – 3 months $150.00 Abstractor $ 30.00 3 months – 6 months $150.00 Examiner $ 30.00 6 months – 9 months $200.00 Reviewing Attorney $185.00 9 months – 12 months $200.00 Clerical $ 15.00 12 months – 15 months $300.00 Title Plant* $ 75.00 15 months – 18 months $300.00 Mapping Services $ 40.00

Sub-Contractor(s) Rate (Daily) Abstractor $425.00 Abstracting Firm $700.00 Abstractor (Mineral) $425.00 Abstracting Firm (Mineral) $700.00

Mileage and travel expenses will be charged in accordance with the Joint Travel Regulation(s).

In-house Printing/Copy charges: $0.25 per copy. Courthouse Copies/Printing charges: Actual costs association with applicable courthouse.

*Title Plant services will be charged at actual costs associated with applicable title abstract plant used in each County. The above figure is an average only.

ATTACHMENT 2

Performance Requirements Summary

The Contractor Service Requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Standard Performance Threshold Task #1 The Contractor shall deliver Runsheet to the POC at the outset of a Call. (PWS § 1.8)

The Runsheet was delivered prior to the commencement of work for each Call, if applicable.

Zero deviation from standard.

Task #2 The Contractor shall provide a status log to the POC on a monthly basis. (PWS § 1.9)

A status log was provided in a timely manner every month.

Zero deviation from standard.

Task #3 The Contractor shall provide Title Report and Abstract in the requested format and within the requested timeframe. (PWS §§ 1.2, 2, 2.5, 2.6, 4)

The Contractor provided the Title Report in a timely manner. The Abstract conformed to the Title Standards and met regulatory and agency requirements.

Title Reports delivered within the timeframe requested 95% of the time. Abstracts comply with the Title Standards 100% of the time.

Task #4 The Contractor shall provide Title Commitment in the requested format and within the requested timeframe. (PWS §§ 1.2, 2, 2.5, 2.6, 5)

The Contractor provided the Title Commitment in a timely manner and met regulatory and agency requirements.

Title Commitment delivered within the timeframe requested 95% of the time.

Task #5 The Contractor shall provide Title Policy in the requested format and within the requested timeframe.

(PWS §§ 1.2, 2, 2.5, 2.6, 5)

The Contractor provided the Title Policy in a timely manner and met regulatory and agency requirements.

Title Policy delivered within the timeframe requested 95% of the time.

Task #6 The Contractor shall provide Miscellaneous Title Services in the requested format and within the requested timeframe. (PWS §§ 2, 2.5, 2.6, 5.2, 7)

The Contractor provided the Miscellaneous Title Services in a timely manner and met regulatory and agency requirements.

Miscellaneous Title Services delivered within the timeframe requested 95% of the time.

Task #7 If required, the Contractor shall respond to USACE review comments with the required timeframe. (PWS § 1.12)

The Contractor responded and provided any needed corrections and revisions within the required timeframe.

Corrections were made by due date 100% of the time.

ATTACHMENT 3

Deliverables

Deliverable Frequency/Due Date Medium/Format

1. PWS § 1.8: Runsheet

Provided prior to commencement of work on a Call, if applicable

With each Call, if applicable High-quality PDF

2. PWS § 1.9: Status Log

Provided for every tract in each Call

Monthly High-quality PDF, Word or Excel (electronic)

3. PWS § 3: Tax ID Card and Vesting Deed

Provided with each ownership search