W912DR20Q0015 Master BPA Title Services Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR20Q0015 17-Mar-2020

b. TELEPHONE NUMBER

410-962-4978

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 14 Apr 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

AISHA R BOYKIN

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S ARMY CORPS OF ENGINEERS

2 HOPKINS PLACE 03-B-07

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: 410-962-0175 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

531320

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 OF40

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.

Section SF 1449 - CONTINUATION SHEET

INSTRUCTION TO OFFERORS

A minimum of five (5) Master Blanket Purchase Agreement (BPA), to perform title services on behalf of the U.S. Army Corps of Engineers, Baltimore District will be entered into with responsive vendors who meet the following submission requirements and evaluation criteria.

The Agreements will be in place for five (5) years for a potential total value of $800,000.00. Each individual call will have a limit of $250,000.00. The Government is only obligated to the extent of authorized calls placed against the established Master BPAs. Each call will be competitively bid amongst all Master BPA holders.

Applicable U.S. Department of Labor Wage Determination will be included with each BPA call.

Any questions concerning this solicitation must be submit Request for Information (RFIs) by e-mail only to aisha.r.boykin@usace.army.mil no later than 03 April 2020 at 11:00 AM (EST).

Lack of active registration in the SAM database will make an offeror ineligible for award. Offerors and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.sam.gov.

A. BASIS FOR AWARD

In accordance with the request for quote the Government will award multiple Master BPAs resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation will be most advantageous to the Government, price and other factors considered.

Award will be made based on the Lowest Price Technically Acceptable (LPTA) approach in accordance with the Federal Acquisition Regulation (FAR) 13.1, utilizing Simplified Acquisition Procedures. An award will be made to the quote that presents the Best Value to the Government. Appropriate consideration will be given to the three

(3) evaluation factors: Technical, Past Performance and Price.

To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Factor 1 Technical and “Satisfactory Confidence and Relevant” must be achieved for the Factor 2 Past Performance. Offerors are cautioned that the award may not necessarily be made to the lowest priced if rated technically unacceptable.

B. FACTORS TO BE EVALUATED

Award will be made to the Offeror whose quote is most advantageous to the Government based upon the assessment of the evaluation factors described below:

FACTOR 1 - TECHNICAL COMPETENCY: Evaluation of the Offeror’s proposal shall address each element listed below as it applies to the Performance Work statement (PWS). A detailed explanation of the criteria for the evaluation is set forth in the “Evaluation Approach” Paragraph C of this section. During evaluation of each quote, the Government will assign a rating (acceptable or unacceptable) and write an evaluation reflecting the identified findings.

FACTOR 2 – PAST PERFORMANCE: There are two (2) aspects to the Past Performance evaluation. The first is to evaluate each Offeror’s past performance to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts “Performance Confidence Assessment” will be evaluated.

FACTOR 3 – PRICE: The resulting award will be a Firm-Fixed Price (FFP) agreement.

Price will be evaluated using the sample project total price to prepare a price analysis in accordance with FAR 13.106-2, Evaluation of Quotations or Offers. Sample projects will be used to determine if rates are reasonable.

C. EVALUATION APPROACH:

VOLUME I, FACTOR I TECHNICAL: This factor includes the elements listed below.

The submitted material MUST be organized sequentially under tabs to facilitate evaluation and all pages must be numbered.

Potential vendors will be evaluated on the following criteria and should briefly discuss each item. The response to this evaluation criteria should be no longer than five (5) pages total.

1. List the states in which the title company can perform title services (to include insurance and closings).

2. Experience in preparing title services to include commitments, searches, policies, mortgage releases, etc., compliant with the Regulations of the Attorney General Government the Review and Approval of Title for Federal Land Acquisitions (2016).

3. Experience with total and partial acquisitions involving both fee and easement estates.

4. Active registration of the business on the System for Award Management

(SAM).

5. Small Business classification.

6. Experience performing title services for the U.S. Army Corps of Engineers and/or other federal government agencies.

Technical Ratings: The following adjectival ratings will be assigned to the technical factor:

ADJECTIVAL RATINGS DEFINITION

ACCEPTABLE Offer clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE Offer does not clearly meet the minimum requirements of the solicitation.

VOLUME II, FACTOR 2 PAST PERFORMANCE: Past Performance evaluation will be a two part assessment involving relevancy and performance confidence of the references provided by the Offeror.

Relevancy: The first aspect of the past performance evaluation is to assess the Offeror’s past performance to determine how relevant a recent effort within the past five

(5) years was. “Relevant” is defined as those contracts involving any effort for the same or similar type related to the requirements.

Performance Confidence Assessment: The second part is to arrive at a rating on the performance of the relevant referenced contracts. The Government will document the rationale for the rating reached.

Offerors shall provide three (3) relevant references and indicate the size of the projects completed within the past five (5) years for title services and including the name of subcontractors (if applicable) used on the project. Teaming arrangements require three

(3) references for each partner.

In addition to the questionnaires received, the Government may also analyze the past performance by reviewing the Past Performance Information on the System for Award Management (SAM) or use any other source including interviewing or checking references.

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.

PAST PERFORMANCE RELEVANCY RATING

RATING DEFINITION

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

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

Somewhat Relevant

Present/past performance effort involved some of the 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

RATING DEFINITION

Substantial Confidence

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

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.

No Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a no expectation that the Offeror will successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The Offeror shall explain facts related to any partial or completely terminated project and disclose any projects with an assessment of liquidated damages for the failure to meet the contractually required completion date.

Each reference listed shall be sent to the attached questionnaire. The Offeror shall have their references submit completed questionnaires no later than the time set for acceptance of quotes.

The past performance questionnaire (form PPQ-0) contained herein must be provided to three (3) references. The references need to complete and submit the questionnaire directly to Aisha Boykin via email at a isha.r.boykin@usace.army.mil.

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 three projects to fill out the Questionnaire and return directly to Aisha Boykin, Purchasing Agent, e-mail at aisha.r.boykin@usace.army.mil. The questionnaires must be forwarded directly by the references.

Ensure the reference is clearly marked for the applicable offeror when submitted. 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. Three 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 5 years.

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.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

TO BE COMPLETED BY CLIENT

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)

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)

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 E VG S M U N

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

cost, improved maintainability or other factors that benefited the client

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 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.

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

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.)

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).

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):

VOLUME III FACTOR 3: PRICE

Price will be evaluated using the sample project total price to prepare a price analysis in accordance with FAR 15.404-1(b)(2)(i). Sample projects will be used to determine if rates are reasonable.

Offerors shall insert proposed pricing in the sample bid schedule, proposing a price on all proposed line items. Offeror must complete all line items in the sample bid schedule to be considered for award. All line items must be priced. Proposals providing partial pricing shall be considered non-responsive.

The following ratings will be assigned to each offeror’s submission:

Pricing Sample Project: The following rating will be assigned to the price factor:

SAMPLE PROJECT RATING DEFINITION

ACCEPTABLE Offeror meets the minimum requirements of the sample project.

UNACCEPTABLE Offeror does not clearly meet the minimum requirements of the sample project.

Solicitation W912DR20Q0015

TITLE SERVICES

BPA CALL

FACTOR 3: PRICING/SAMPLE PROJECT

1. Offeror’s must SUBMIT a sample write up of how they will perform the required services. Sample write up should not contain any more than one (1) page.

2. Offeror’s must review the documents and complete the sample bid schedule.

3. Offeror’s must quote on all line items on the sample price schedule. Failure to quote on all line items will be rated Unacceptable.

REAL ESTATE TITLE SERVICES

SAMPLE- BID SCHEDULE

CLIN Description of Service

Unit of Measure

Price

Preliminary Title Commitment/Federal Search (as part of the new DOJ Regulations).

Each

0002 Title Update/Federal Search (as part of the new DOJ Regulations)

Each

0003 Closing/Final Title (Paid price to include final update to title commitment (within 60 days after receipt of closing package) Also include Recording Fees and Federal Search (part of the new DOJ Regulations).

Each

0004 Policy/Premium based on estimated acquisition cost under $100,000 (Based on the greater of actual acquisition costs or appraised fair market value of property.

Job

0005 Policy/Premium based on estimated acquisition cost between $100,000-$500,000 (Based on the greater of actual acquisition costs or appraised fair market value of property.

0006 Policy/Premium based on estimated acquisition cost over $500,000 (Based on the greater or actual acquisition costs on appraised fair market value of property.

0007 Obtain partial release of mortgage (if needed) (Same time line as CLIN 0003)

TOTAL AMOUNT

SAMPLE SCOPE OF WORK /PROPERTY LIST

CLEARVIEW LANDFILL SUPERFUND SITE DELAWARE COUNTY,

PENNSYLVANIA

The below assigned parcels require commitments, updates, closing/final title, policy premiums, and partial mortgage releases, if required.

1. Parcel ID 12000025400 - Peco Energy

2. Parcel ID 41000063904 - Henderson Federal, Inc.

3. Parcel ID 15000166500 - Mount Lawn Cemetery

The minimum requirement to receive a BPA will be based on factors 1, 2 and 3 in the evaluation criteria. Interested offeror’s must submit all the required technical documents and past performance information as stated below in the “Evaluation Criteria.” Failure to submit all required technical and past performance documents in factors 1, 2 and 3 will be considered non-responsive.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

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 on the Schedule/Performance Work Statement (PWS) to which these specifications are attached. 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 PWS. 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. Title services will be required in the following states: District of Columbia, Maryland, Delaware, Pennsylvania, Virginia, West Virginia, New York and New Jersey.

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 PWS.

3. QUANTITY OF WORK. The quantities listed in the PWS 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/PWS 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/PWS for the closing or final policy. The Government reserves the right to perform any portion of the items listed in the Schedule/PWS.

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 Government's 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/PWS, 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: Technical Services Branch, U.S. Army Corps of Engineers, Baltimore District, Rm. 05-B-28-RE, 2 Hopkins Plaza, 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 Sharon.Milauskas@usace.army.mil. Hard copy shall be sent to: Real Estate Division, Attn: Technical Services Branch, U.S. Army Corps of Engineers, Baltimore District, Rm. 05-B-28-RE, 2 Hopkins Plaza, 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:

https://www.justice.gov/enrd/selected-documents

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, notwithstanding 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 or defendants 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. For acquisitions where the Government intends to acquire less than the full interest of the property owner, it may be necessary to obtain a partial release from a lender or other lienholder. In such cases where a partial release is required and the lender/ lienholder insists on payment for appraisals or administrative expenses, the contractor shall coordinate with the lender to determine fair and reasonable costs charged by a lender to obtain such releases, partial releases, subordinations, etc., whether prepared by the lender or the contractor. Once the contractor has determined the cost, the contractor shall contact the Contracting Officer and seek approval for payment of any lender expenses for partial releases deemed reasonable and necessary to obtain partial releases. The Government shall be responsible for no such cost unless and until the Government has provided written approval, and has obligated funding for those costs through a modification of the Order/BPA Call. After the releases, partial releases, subordinations, etc. are obtained from the lender, the contractor shall submit an invoice to the Government for the actual expenses charged by the lender issuing the release, partial release, subordination, etc. and the administrative charge as stated as the unit price provided in the contract. The Government shall pay the contractor, upon receipt, the invoice amount separate from expenses related to actual closing and recording fees which shall be submitted on a separate invoice.

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.). When the Government is purchasing the full interest of the property owner in a particular tract, all 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. For acquisitions where the Government intends to acquire less than the full interest of the property owner, and it is necessary to obtain a partial release or subordination, additional compensation and reimbursement to the Contractor shall be evaluated in accordance with paragraph 18.

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.

OPSEC

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

CONTRACTING OFFICER STATEMENT

The Primary Contracting Officer for this action is Colette Day, however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for 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.

QASP

QUALITY ASSURANCE SURVEILLANCE

PLAN (QASP)

Real Estate Title Services

Contract Description. Title services to include: preliminary title, insurance, title updates, closings, final title and recordings in connection with necessary real estate acquisitions.

1.0 INTRODUCTION:

1.1. Purpose. The Quality Assurance…