A09_W912DR18Q0010_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR18Q0010 05-Dec-2017

b. TELEPHONE NUMBER

410-962-4978

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 Dec 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

IAN S WEISS

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, BALTIMORE DISTRICT

10 S. HOWARD ST

ROOM 7000

BALTIMORE MD 21201

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 410-962-2196 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

541191

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF51

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DR18Q0010

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

INSTRUCTION TO OFFERORS

Quotes can be submitted via e-mail at Ian.S.Weiss@usace.army.mil or via mail to U.S. Army Corps of Engineers, Contracting Division, Simplified Acquisition Team , ATTN: Ian Weiss, 10 South Howard Street, 7th floor, Room 7200-C, Baltimore, MD 21201-2530. Email submission is preferred.

This is a lowest price, Firm Fixed Price Requirements (FFPR) contract.

The contract will be awarded to the lowest priced quote with relevent and satisfactory past performance as described below.

All line items must be priced. Quotes providing partial pricing shall be considered non-responsive.

REQUIREMENTS FOR QUOTING ON TITLE SERVICES:

1. OFFEROR SHALL PROVIDE A BID PER ITEM AS INDICATED ON THE BID SHEET, FOR EACH

SERVICE ITEM OF THE “PRICE SCHEDULE”. PERCENTAGES (%) MAY NOT BE ACCEPTED.

2. FAILURE TO BID EACH ITEM AS ABOVE WILL RESULT IN QUOTE BEING CONSIDERED NON-

RESPONSIVE AND INELIGBLE FOR AWARD.

Questions concerning this solicitation must be submitted by email no later than 12 December 2017. This will allow responses to be posted on FBO prior to solicitation closing. All questions should be sent electronically to:

Ian.S.Weiss@usace.army.mil

Factor 1 – Price The lowest priced quote that also meets the past performance requirements shall be awarded the contract.

Factor 2 – Past Performance

PAST PEFORMANCE SUBMISSION: (See Attached Past Performance Questionnaire)

Submission Requirements: Past performance refers to the quality of recent project experience from the customer’s perspective. The Offeror shall arrange for the reference customer point of contact for two projects to fill out the Questionnaire and return directly to Ian Weiss, Contract Specialist, e-mail at Ian.S.Weiss@usace.army.mil. The questionnaires must be forwarded directly by the references. The Government will not release the questionnaire forms to the Offeror at any time, in order for the Government to solicit candid, unbiased responses and comments.

Two References from previously completed jobs must be submitted and include a point of contact and phone numbers. These references must be relevant to the work which will be performed in this contract. Relevant work is defined as title services. References must be recent within the past 3 years.

Past Performance Ratings -The past performance factor considers each Offeror’s demonstrated recent and relevant record of performance in supplying the services that meet the contract requirements. There are two aspects to the past performance evaluation: relevancy and performance confidence assessment.

Relevancy: The first aspect of the past performance evaluation is to assess the Offeror’s past performance to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection. The first aspect of the past performance evaluation is to assess the Offeror’s past performance to determine how relevant a recent effort accomplished based on similarity of service, complexity, contract value, contract type, degree of subcontracting.

The relevance of each project will be rated as shown and will factor into a single overall performance confidence assessment.

Past Performance Relevancy Rating Rating Definition Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little to none of the scope and magnitude of effort and complexities this solicitation requires.

Performance Confidence Assessment: The final step is for the team to arrive a single consensus performance confidence assessment for the Offeror, selecting the most appropriate rating from the chart below. This rating considers the assessed quality of the relevant/recent efforts gathered.

Performance Confidence Assessments

Satisfactory Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Limited Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

In order to be awarded the contract, Past Performance must be Somewhat Relevent or Relevent, with Satisfactory confidence.

NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0) CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: Past performance refers to the quality of recent project experience from the customer’s perspective. The Offeror shall arrange for the reference customer point of contact for two projects to fill out the Questionnaire and return directly to Ian Weiss, Contract Specialist, e-mail at Ian.S.Weiss@usace.army.mil. The questionnaires must be forwarded directly by the references. The Government will not release the questionnaire forms to the Offeror at any time, in order for the Government to solicit candid, unbiased responses and comments. Two References from previously completed jobs must be submitted and include a point of contact and phone numbers. These references must be relevant to the work which will be performed in this contract. Relevant work is defined as title services. References must be recent within the past 3 years.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(U) Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

(N) Not Applicable

No information or did not apply to your contract

Rating will be neither positive nor negative.

TO BE COMPLETED BY CLIENT

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

1. QUALITY:

a) Quality of technical data/report preparation efforts E VG S M U N

b) Ability to meet quality standards specified for technical performance E VG S M U N

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance

E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E VG S M U N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

E VG S M U N

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract

E VG S M U N

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes;

responsiveness to administrative reports, businesslike and communication)

E VG S M U N

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?

E VG S M U N

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/ PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?

E VG S M U N

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N

g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes

E VG S M U N

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program)

E VG S M U N

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

E VG S M U N

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client

E VG S M U N

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance

E VG S M U N

with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)

d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.

Yes No

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

Yes No

f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below.

Yes No

6. SAFETY/SECURITY

a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues?

(Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)

E VG S M U N

b) Contractor complied with all security requirements for the project and personnel security requirements.

E VG S M U N

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).

E VG S M U N

b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N

c) Would you hire or work with this firm again? (If no, please explain below) Yes No

d) In summary, provide an overall rating for the work performed by this contractor.

E VG S M U N

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

PRICE SCHEDULE

PRICE SCHEDULE

GREENBROOK FLOOD CONTROL PROJECT

MIDDLESEX BOROUGH, MIDDLESEX, NEW JERSEY

0001 Preliminary Title Commitment $___________ x 26 =___________________

0002 Title Update $___________ x 52 =___________________

0003 Closing/Final Title $___________ x 26 =___________________

0003 Policy/Premium based on Estimated acquisition cost under $50,000.00 $___________x 21 =___________________

0004 Policy/Premium based on Estimated acquisition cost between $50,000.00 and $500,000 $___________x 5 =____________________

0005 Obtain partial release of $___________x 26 =____________________ Mortgage (Same time line as CLIN 3)

0006 Federal Searches (as part of new $___________x 26 =____________________ DOJ regulations) to be completed and made a part of the original commitment.

Contract estimated total:__________________

ALL WORK ITEMS TO OCCUR IN YEARS ONE, TWO, AND THREE. SERVICES ARE

ORDERED UPON COMPLETION OF THE LAND ACQUISITION PROCESS.

All items shall be prepared/performed in accordance with the Statement Of Work for Delivery of Title Evidence and Closing Services as described in the contract. Each Contract Line Item Number (CLIN) above is to be priced per property. There are 26 properties in total for this effort.

SCOPE OF WORK

SCOPE OF WORK

FOR DELIVERY OF TITLE EVIDENCE

AND CLOSING SERVICES

PART I - GENERAL

1. WORK TO BE DONE. The work to be done under these specifications consists of furnishing and delivering Owner's Guarantee (Insurance) Policies or Certificates of Title and Continuations thereof in the form of preliminary, interim or final policies, certificates of title, interim binders, or endorsements, as appropriate, and Closing Services as set forth in this Scope of Work (SOW).

Except where certificates are clearly referred to separately, all references hereinafter to "Policies" and "Continuations" shall apply to the forms of title evidence specified by said SOW. The preference for insuring documents is Policies and Preliminary Policies/Commitments (or Certificates only where this is the prevailing local practice). The Government will not accept delivery of certificates except where the Contractor's title insurance company does not issue policies for any lands located in the state wherein the property to be insured lies. The period of performance for this multiple year contract shall be 03 three years from date of award. The contract shall be Firm Fixed Price (FFP) per each in each line item. All properties in this effort are located in Middlesex Borough, Middlesex, New Jersey. A full list of the 26 specific properties will be provided upon contract award.

2. NOTIFICATION OF WORK TO BE DONE. An order, issued by a duly authorized Government officer, will list those items from the bid schedule that are to be performed and delivered, and they will be reflected on the SOW.

3. QUANTITY OF WORK. The quantities listed in the SOW are approximate and are provided as information only to assist in preparation of the order. The specific quantities are not guaranteed and the actual quantities may be more or less than shown. Award of a contract does not guarantee that the Government will require all of the items listed under the contract from the Contractor. For example, the Schedule/SOW may include a preliminary, closing, and final policy for a particular tract, but the Government may elect not to acquire that tract, so the closing and final policy would not be needed. In such an instance, the Contractor would not be entitled to compensation for the line items in the Schedule/SOW for the closing or final policy. The Government reserves the right to perform any portion of the items listed in the Schedule/SOW.

4. OWNERSHIP.

(a) One Preliminary Policy will be furnished for each contiguous area of land in identical ownership. Land will be deemed contiguous even though portions thereof are separated by roads, railroad rights-of-way, streams, etc. If there has been a severance of the surface and the subsurface of the land, determination of what constitutes a tract will be based on ownership of the surface. Unless otherwise specified in the delivery order, the Preliminary Policy shall cover the entire ownership of the tract and if certain estates or subsurface interests are vested in others than the owner or owners of the surface, the Preliminary Policy shall cover all such outstanding estates or interests. The Preliminary Policy shall furnish pertinent information such as parties, dates and recordation data regarding mineral severance deeds and the deeds under which the present owner or owners of the minerals acquired title thereto.

(b) The Contractor shall advise if there has been a severance of the surface and subsurface of the land. If so, the Contractor shall discuss with the Government. In situations where a severance exists, it shall be the Governments option whether to perform multiple acquisitions pertaining to the same tract of land. In such cases where the Government elects to obtain title evidence for subsurface interests, such requirements will be separately priced on a schedule/SOW, and ordered by a duly authorized government representative. In the event the Contractor has furnished a Final Policy covering acquisition of the surface owner's interest in the land, the Contracting Officer reserves the right to order Intermediate Policies and Final Policies covering the acquisition of the outstanding minerals underlying the same tract. The Contractor shall be paid for such Intermediate and Final Policies at the appropriate unit prices set forth in the schedule.

5. REMUNERATION.

(a) Payment shall be made for Preliminary Policies, Intermediate Policies, closing services, and Final Policies ordered and delivered on the item basis and at the unit price provided in the contract.

(b) Invoices shall be sent to: Real Estate Division, Attn: Civil/IIS Projects Support Branch, U.S. Army Corps of Engineers, Baltimore District, Rm. 7710, 10 South Howard Street, Baltimore, MD 21201, unless otherwise directed by the Contracting Officer.

(c) The invoices must specify which tract numbers the charges correlate to, and when for Preliminary, Intermediate and/or Final Policies and will itemize, as a separate item, the cost of title insurance, which charge shall not include any amount for search fees or the like, but be limited solely to the title insurance premium. Payment for title insurance shall be made along with payment for the Final Title Policy showing title to be vested in the United States of America or the local sponsor, as applicable. The Contractor shall assume and pay all charges of the company issuing the policies to be furnished under this contract. If court judgments result in the need for endorsements to the Title Policy to increase the limits of liability, payment in such cases will be limited to the fee for the endorsement and the units of title insurance in excess of the units covered by the previously issued Title Policy or endorsement.

(d) The Contractor shall review any and all additional curative actions submitted by the Government, discuss any proposed curative actions with Corps legal staff, and will delete, remove and/or amend exceptions in compliance with law. The Contractor will have open communications with the Corps legal staff, including communications by phone, facsimile and electronic mail, with a view toward curing title deficiencies.

Any time or costs associated with such discussions will not be billed separately, but instead is factored in the contract price for the title evidence items specified herein.

6. DELIVERABLES. Title evidence, policies, and recorded instruments provided under the contract shall be provided in hard copy, with an advance copy delivered electronically. The electronic copy shall be transmitted to Lesley.M.Logue@usace.army.mil. Hard copy shall be sent to: Real Estate Division, Attn: Civil/IIS Projects Support Branch, U.S. Army Corps of Engineers, Baltimore District, Rm. 7710, 10 South Howard Street, Baltimore, MD 21201, unless otherwise directed by the Contracting Officer’s Representative.

PART II - EXECUTION

7. The Contractor represents and it is a condition of any obligation of the Government hereunder, that the corporation which is to issue title policies hereunder, is authorized and qualified in the State where the land is located. If the Contractor is an attorney, the written proposal of charges must be accompanied by the written commitment of a corporation so qualified, to issue title policies and continuations ordered hereunder, and a statement by said corporation that the Contractor\attorney is its agent and can issue policies in its name.

8. The Contractor shall in all instances adhere to the Department of Justice, Regulations Governing the Review and Approval of Title for Federal Land Acquisitions 2016, or any successor thereto as may be in effect at the time of delivery. As discussed in section 3.3 of those title standards, the period of search is generally a minimum of 60 years for acquisitions of real property valued at $50,000 or more, a minimum of 40 years for acquisitions valued less than $50,000. A lesser term of search may be appropriate under certain limited circumstances for acquisitions of easements valued at less than $25,000. The DOJ title regulations can currently be found at: http://www.justice.gov/enrd/selected-publications.

9. The Preliminary Policies to be furnished shall be based on a thorough search and examination of the public records affecting the title to the land, and shall contain the legal description of the property as furnished by the Government. The Contractor shall correct or revise the source or derivation of title of the present owner or owners, contained in such description, if necessary, or otherwise furnish an appropriate derivation of title as required by law or local practice. The policy shall contain the legal description of the property as furnished by the government, and shall be immediately followed by a reference to the source of title of the present owner. The Preliminary Policy shall be issued only on the most recent forms approved by the Attorney General of the United States and the American Land Title Association for acquisitions by the United States. (The following information, though correct at the time this specification was written, is provided for the Contractor's information only, and is not guaranteed: American Land Title Association (ALTA) U.S. Policy - 9/28/91 (Revised 12/3/12), a/k/a ALTA U.S. Policy (Revised 12/3/12) form is the ONLY currently approved policy form. Delivery of policies on forms other than those so approved will be considered a nonconforming delivery. Delivery of certificates shall be considered a nonconforming delivery in any state where the insurer issues policies to any client, or if the certificate is not the most recent approved form for acquisitions by the United States. Some or all of the lands to be insured may be acquired in the name of an entity other than the United States of America. If so, the entity will be a sponsor of the project as contemplated by the Water Resources Development Act of 1986, as amended. If requested by the Government, the Preliminary Policy shall offer to insure the United States of America or the local sponsor. If title to the lands is taken in the name of the local sponsor, then the Final Title Policy or certificate shall be issued on the title company's policy or certificate then in use for non-federal acquisitions, not withstanding that the preliminary policy or certificate was issued on the federal form.

10. In the event of condemnation, the title company, as part of the Commitment price, will provide addresses of lien holders, etc., and to the best of its ability, help with the names and addresses of those mentioned as having possible ownership interests – with the exception of Judgment lists with the multiple common names. In addition, Title Policies for tracts acquired by condemnation proceedings shall include information regarding the United States' immediate predecessor in the title, in language similar to the following:

"Title to the estate or interest covered by this Title Policy at the date hereof is vested in the United States of America by virtue of a Declaration of Taking, as evidenced by Lis Pendens Notice or [or Judgment on Declaration of Taking], dated _______________, recorded in _____________ Book _________, page _________ of the records of ____________, _________ . Prior to the Declaration of Taking, title was vested in ____________ ."

11. The Title Policy will disclose the name or names of the record owner or owners of the property described therein. Where the Government has ordered title evidence for subsurface estates or interests in the property to be acquired, and those estates are owned by persons, corporations, or other legal entities, other than the owners of the surface estate, the present record owners of each such outstanding estate or interest and all pertinent data relating thereto shall be shown in the Title Policy unless otherwise specified in the order.

12. Title policies shall be executed and shall contain in Schedule B thereof the names and addresses, as disclosed by the public records, of all persons or entities having any liens on or rights or interests in the property described therein, in order that they may be joined as parties defendant in a condemnation proceeding if one is necessary.

13. The Title Policy/ Commitment shall contain sufficient information concerning defects, liens, encumbrances, and other matters excepted, to enable an attorney examining the policy to determine the nature and extent of such exceptions and their probable effect on the validity of the title to the land described. Examination is required of state and federal records in the district(s) where the land is located to identify judgment liens, decrees, and pending cases that could affect title. It shall also state or be accompanied by a report specifying the evidence or action, if any, which will be acceptable to the corporation issuing the policy, as a basis for the issuance of a Continuation deleting each such defect, lien, encumbrance, and other matter from the Title Policy. As part of the preliminary title submittal, Contractor shall furnish copies of plats referenced in any portion of the legal description, including the preamble, and shall furnish copies of all items noted as exceptions in Schedule “B” to include any recorded plats or maps referenced in the said noted items as well as other recorded references in these items. To this end, the Schedule “B” referenced data shall be tabbed or clearly marked to indicate the precise

Schedule “B” exception item number. Also, Contractor shall furnish a copy of source(s) of title (deed, will, etc.) into the owner(s) of the land. Receipt by the Government of the preliminary title/commitment shall be within thirty (30) calendar days from the order date, unless arrangements are made between the Contractor and the Government for earlier or later delivery.

14. Each policy/commitment shall contain a detailed statement of any taxes and special assessments of record which are a lien on the property described. Such statement will include, at a minimum, the current assessment information, including name of taxpayer, district (if applicable) assessment, and dollar amount. The statement will also either clearly itemize all delinquent taxes or affirmatively state that there are no delinquent taxes.

15. If the policy contains any objection with respect to liens for taxes, assessments, or bonds of a special improvement district, such objections will be followed by references to the statutes pursuant to which such special improvement district was organized, its taxes and assessments levied and its bonds issued and any other facts necessary to enable an attorney examining the policy to determine the nature and extent of the lien, if any, created by such taxes, assessments, or bonds, on the land described therein.

16. In the acquisition of fee parcels, all taxes relating to the property, including but not limited to, school and similar local taxes against the land, and water and sewer charges shall be satisfied or escrowed as necessary before or at closing – to include all liens relating to the same – at no additional charge to the Government. Similarly, the Contractor shall discharge all mortgages, judgments, liens and similar monetary encumbrances, with Government funds, obtain releases from all mortgage companies, or appropriate persons or entities, have them recorded, and pay any recording fees. Partial releases in fee acquisitions are acceptable as long as the Government’s title is free of the mortgage or lien.

17. Mortgages, judgments, liens and similar monetary encumbrances in easement acquisitions shall be discussed with the Government closing coordinator to determine whether satisfaction of the same, partial releases/subordinations, etc. will be required by the Government.

18. All releases, partial releases, subordinations, etc., whether prepared by the lender or the Contractor, and related recording fees shall be provided at no additional cost to the Government.

19. If the policy shows title in a record owner who is deceased, it shall also state therein, or be accompanied by a statement indicating whether a judicial proceeding, affidavits of heirship, or some other form of proof will be acceptable to the title company as the basis for the issuance of a Title Policy showing title in the United States upon execution and recordation of a deed to the United States from such persons shown by such proof to be all heirs of the deceased.

20. If the policy shows record title in a state, county municipality, or other subdivision of the state, or in a corporation, or a church or other religious, educational, or charitable institution or organization, or in a person or persons acting in a fiduciary or similar capacity, without authority to convey the property in the absence of specific authorization, the policy shall disclose the incapacity of or limitation on the authority to convey the property and shall specify what action, if any, is necessary before a valid conveyance of the property may be made to the United States and what proof thereof will be required by the title company before issuing a Title Policy showing valid title to the property in the United States.

21. Policies containing any exception or objection with respect to rights or possible rights under the provisions of the Soldiers and Sailors Civil Relief Act of 1940, as amended (50 App. USC §§ 501-591) must:

(a) Contain the name of each person having such rights, and the address of any such person, if known;

(b) Contain or be accompanied by a statement of the company issuing the policy showing the nature and extent of the interest in the land of each such person, and;

(c) If any such person has an actual interest in the land, contain or be accompanied by a transcript of the proceeding giving rise to such rights and disclose the action, if any, taken in the proceeding to comply with the requirements of said Acts.

22. In fee and in easement acquisitions, the Contractor shall satisfy, prior to or at closing, specially listed closing requirements in Schedule “B” (for example, proof that the grantor is single, that sale into the grantor by a corporation was in adherence with the law, etc.) All releases, partial releases, subordinations, etc., whether prepared by the lender or the Contractor, and related recording fees shall be provided at no additional cost to the Government.

23. If the corporation which is to issue Title Policies hereunder customarily insures marketability of title in the locality where the land is situated, the Policies to be issued hereunder shall not contain the paragraph headed "Refusal to Purchase" under "General Exceptions" of the aforesaid approved Title Policy, but shall insure the marketability of the title.

24. In instances where closing is part of the contracted scope of work, when the Government advises the Contractor that a parcel is ready for closing, the Contractor shall schedule closing with the seller. The closing services by the Contractor shall be discussed and arranged with the Government coordinator as necessary to meet the target closing dates for Project scheduling requisites. However, all closings shall be conducted within thirty (30) calendar days of receipt of final closing package from the Government coordinator unless arrangements are made between the Contractor and the Government for earlier or later closings. At the time of closing, the Contractor shall have seller execute the Government furnished deed and closing sheet, shall have the deed notarized, and disburse funds. The Contractor shall record the deed and pay any recording fees. As part of recordation of the deed, the Contractor shall submit to the recorder of deeds the Government completed transfer tax and value form in which the Government will declare an exemption, for the particular State or Commonwealth in which the land is situate. In some instances, it may be appropriate for the Contractor to assist in preparing State and county/city transfer tax and value forms.

25. The Policy/final title policy shall include the title bring to date as of the recording of the Deed from the Commitment date or date of an interim title update, if an interim update was ordered.

26. Final title policy(s) shall be delivered thirty (30) days from the closing date (when funds are disbursed which presumably is also the conveyance instrument recording date or very close to it). Originally recorded deeds or deeds of easement shall accompany the delivery of the policy(s); or in the event the recorded conveyance instrument(s) is not yet available from the Recorder’s office, copies of the recorded and stamped instrument(s) or official documentation of recording data of liber and folio shall accompany the policy(s). In the latter event, the recorded instrument shall be forwarded to the Government when it is received by the Contractor.

QASP

Quality Assurance Surveillance Plan (QASP)

Real Estate Title Services

1. Contract Description. Title services to include: preliminary title, title updates, closings, final title, recordings, policies/premiums and partial releases in connection with the necessary real estate acquisitions for the Green Brook Flood Control Project located in counties Somerset and Middlesex, New Jersey.

2. Purpose. The Quality Assurance Surveillance Plan, or QASP, is a Government-developed document used to determine if the contractor’s performance meets the performance standards contained in the contract. It not only identifies the key representatives of both the Government and the contractor but also defines their roles and responsibilities as it relates to contract performance. It also describes the scope of the services sought and establishes the performance standards desired by the Government.

3. Roles and Responsibilities

3.1 Realty Specialist shall oversee and coordinate activities for the Government.

Contracting Officer (KO) – The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also ensure that the contractor receives impartial, fair, and equitable treatment under this contract. The KO delegates authority for inspection and/or acceptance in accordance with the terms of the contract but is ultimately responsible for determining the adequacy of the contractor’s performance.

Assigned KO:

Organization: USACE – Baltimore District, Contracting Office Telephone: (410) 962- Email:

Contract Specialist (KS) – The KS acts as an acquisition consultant and serves as the liaison between the USACE – Baltimore District, Contracting Office and the requesting program office, USACE – Baltimore District, Real Estate Division.

Assigned KS:

Telephone: 410-962- Email:

Back up KS:

Organization: Telephone:

Email:

Contracting Officer’s Representative (COR) – The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR uses the QASP to conduct the surveillance process and both evaluates and documents contractor performance in accordance with it. The COR is responsible for reporting early identification of performance problems to the KO but is not empowered to make any contractual commitments or to authorize any contractual change on the Government’s behalf.

Assigned COR: Lesley M. Logue

Telephone: (410) 962-5120 Email: Lesley.M.Logue@usace.army.mil

Other Key Government Personnel – The following technical points of contact may provide information, including contractor surveillance, to aid the COR in monitoring contractor performance: Lesley M. Logue, Realty Specialist

4. Deliverables – Title evidence, policies, and recorded instruments provided under the contract shall be provided in hard copy, with advance copy delivered electronically. The electronic copy shall be transmitted to Lesley.M.Logue@usace.army.mil. Hard copy shall be sent to: Real Estate Division, Attn: Civil/IIS Projects Support Branch (Lesley Logue), U.S. Army Corps of Engineers, Baltimore District, Rm. 7710, 10 South Howard Street, Baltimore, MD 21201, unless otherwise directed by the Contracting Officer’s Representative.

PRIMARY CONTRACTING OFFICER

The primary Contracting Officer (KO) for this action is Colette Day, however, any Contracting Officerholding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officerfor this contract.

Also, please note that any time the primary KO changes, it will be incorporated into the contract via unilateral modification to the contract.

SUBMISSION OF INVOICES

(a) Original invoices for services performed under the contract will be submitted to and payment will be made by:

USACE FINANCE CENTER

ATTN: DISBURSING

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

(b) One copy of all invoices shall be forwarded to the following for review and certification:

Real Estate Division, Attn: Civil/IIS Projects Support Branch U.S. Army Corps of Engineers Baltimore District, Rm. 7710 10 South Howard Street Baltimore, MD 21201 Lesley.M.Logue@usace.army.mil

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.222-41 Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.204-7008

DEV2016-O0001

Compliance with Safeguarding Covered Defense Information Controls

OCT 2015

252.204-7012

DEV2016-O0001

SAFEGUARDING COVERED DEFENSE INFORMATION

AND CYBER INCIDENT REPORTING

OCT 2015

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

Factor 1 – Price The lowest priced quote that also meets the past performance requirements shall be awarded the contract.

Factor 2 – Past Performance

PAST PEFORMANCE SUBMISSION: (See Attached Past Performance Questionnaire)

Submission Requirements: Past performance refers to the quality of recent project experience from the customer’s perspective. The Offeror shall arrange for the reference customer point of contact for two projects to fill out the Questionnaire and return directly to Ian Weiss, Contract Specialist, e-mail at Ian.S.Weiss@usace.army.mil. The questionnaires must be forwarded directly by the references. The Government will not release the questionnaire forms to the Offeror at any time, in order for the Government to solicit candid, unbiased responses and comments.

Two References from previously completed jobs must be submitted and include a point of contact and phone numbers. These references must be relevant to the work which will be performed in this contract. Relevant work is defined as title services. References must be recent within the past 3 years.

Past Performance Ratings -The past performance factor considers each Offeror’s demonstrated recent and relevant record of performance in supplying the services that meet the contract requirements. There are two aspects to the past performance evaluation: relevancy and performance confidence assessment.

Relevancy: The first aspect of the past performance evaluation is to assess the Offeror’s past performance to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection. The first aspect of the past performance evaluation is to assess the Offeror’s past performance to determine how relevant a recent effort accomplished based on similarity of service, complexity, contract value, contract type, degree of subcontracting.

The relevance of each project will be rated as shown and will factor into a single overall performance confidence assessment.

Past Performance Relevancy Rating

Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little to none of the scope and magnitude of effort and complexities this solicitation requires.

Performance Confidence Assessment: The final step is for the team to arrive a single consensus performance confidence assessment for the Offeror, selecting the most appropriate rating from the chart…