W912DR20Q0015 Amendment 01 Master BPA Title Services.pdf

W912DR20Q0015

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to change the solicitation due date from 14 April 2020 at 1100 am (EST) to 24 April 2020 at 1100 am (EST).

1. CONTRACT ID CODE PAGE OF PAGES

1 17

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

16C. DATE SIGNED

BY 10-Apr-2020

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DR20Q0015

X 9B. DATED (SEE ITEM 11)

17-Mar-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

10-Apr-2020

CODE

USACE BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

W912DR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 14-Apr-2020 11:00 AM to 24-Apr-2020 11:00 AM.

The following have been modified:

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.

(End of Summary of Changes)