A22_Solicitation_18Q0025.pdf

W912EQ18Q0025

Title Services

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The U.S. Army Corps of Engineers, Memphis District intends to award a minimum of two (2) Blanket Purchase

Agreements (BPA) from this solicitation. The BPA’s will cover Title Services for use in the Mississippi Valley

Division (MVD). A more definitive description of services required will be provided in each BPA Call.

Establishment of the BPA’s will be produced from this solicitation.

The solicitation number is W912EQ-18-Q-0025 and is being issued as a Request for Proposal (RFP). This procurement is 100% Set-Aside Women Owned Businesses. The associated NAICS code is 541191 with a size standard of $11,000,000.000. All responsible sources may submit a proposal, which shall be considered by the agency.

Questions to this combined synopsis/solicitation must be received via email, by 27 August 2018, no later than

01:00 P.M., Central Standard Time to tijuana.m.harris@usace.army.mil.

Response to this combined synopsis/solicitation must be received via email, mail, or delivery by 31 August

2018, no later than 01:00 P.M., Central Standard Time at 167 North Main Street B202, Memphis, TN

38103. Regardless of method of delivery, it is the offeror’s responsibility to ensure receipt of proposals by the time and date stated herein. Contractor shall submit all documents required to be considered for this opportunity. See Sections entitled Notice to Offeror.

Proposal should be marked with solicitation number W912EQ-18-Q-0025 addressed to TiJuana M. Harris, Phone (901) 544-3048, Fax (901) 544-3710, email: tijuana.m.harris@usace.army.mil.

Vendors not registered in System for Award Management Registration (SAM) database prior to award will not be eligible for award. Vendors may register for SAM by registering online at www.sam.gov or by calling 1-

866-606-8220.

Description of BPA. A BPA is "a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts' with qualified sources for services and/or supplies. " FAR 13.303 (a).

Description of Agreement. Supplier shall furnish supplies/services, described in general terms, if and when requested by the Contracting Officer (or the authorized representative of the contracting officer) during a specified period and within a stipulated aggregate amount, if any.

Extent of obligation. The government is obligated only to the extent of authorized calls actually placed against this blanket purchase agreement. No minimum purchases are guaranteed.

Period of performance. This period of performance for this BPA will be five (5) years from the effective date.

Purchase Limitation. The BPA limit will be $10,000,000.00. No individual call placed under this agreement shall exceed the Simplified Acquisition Threshold (SAT).

Individuals authorized to purchase under the BPA. Individuals authorized to purchase under the BPA, shall be

USACE Memphis District only. The dollar limitation per purchase for each position title or individual shall be furnished the same as listed above unless otherwise authorized by the Contracting Officer.

Invoice/Delivery Ticket. Submission of completed work for each call under this agreement shall be accompanied by one copy of the delivery ticket/invoice which shall contain the following minimum mailto:tijuana.m.harris@usace.army.mil information: Name of company, BPA number & call number, date of call, description of service/supply provided, and date of completion.

All calls placed under this BPA will be competed among the BPA holders. When a requirement for supplies/services listed within the BPA arises, the Government will solicit and evaluate proposals for technical acceptability and select the BPA holder’s quote offering the Government the lowest priced solution.

NOTICE TO OFFEROR

A. The following documentation must be submitted with your proposal for evaluation.

1. Offer shall be submitted on Company Letterhead with your signature, name, title, date, include prompt payment terms, remittance address, Tax Identification Number, DUNS number, and Cage

Code.

2. Review and submit the required information from this section and 52.212-3 in the solicitation.

3. Past Performance Questionnaire

4. All amendments must be acknowledged

5. Faxed proposals will not be accepted.

B. Offerors ADDRESS - Prospective Offerors should indicate in the offer, the address to which payment and/or correspondence should be mailed.

C. System for Award Management - By submission of a proposal, the Offeror acknowledges the requirement that prospective awardees must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make an Offeror ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.sam.gov.

D. Basis of Award - The Government will award two BPA’s from this solicitation to the responsible

Contractor whose offer conforming to the solicitation will be most advantageous to the Government based on acceptability of Technical Experience and Past Performance. Multiple BPA’s will be made from this solicitation. See Performance Specifications and criteria specified below:

Each item provided on the Sample BPA Call must be met in order for a contractor to be considered acceptable.

If a proposal does not give an adequate description or appropriate reference to demonstrate the contractor meets the experience, ability, and qualifications standards, it will be considered non-responsive. The Government may award a BPA based exclusively on a review of the proposals. Award will be made to the contractor who provides the lowest priced technically acceptable (LPTA) proposal to the government.

This award will be evaluated to assure BPAs are not provided to debarred contractors. In addition, contractors with known performance issues identified in determining the contractor’s responsibility per FAR Part 9 will be brought to the attention of the Contracting Officer and may be considered in making the awards. FAR Part 9, Contractor Qualification, requires that purchases shall be made from, and BPA’s shall be awarded to, responsible prospective contractors only. Past failures to perform, apply sufficient tenacity to performance, failure to meet quality requirements, terminations for default and less than satisfactory ratings by the customer will be a significant factor in a determination of unsatisfactory/unacceptable performance. If offeror has no past performance of this nature, a neutral rating will be given per FAR 15.305(a)(2)(iv).

E. Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable timely response. Contracting Questions must be submitted by email to TiJuana

M. Harris at tijuana.m.harris@usace.army.mil.

http://www.sam.gov/

(UNLESS OTHERWISE INSTRUCTED)

SAMPLE BPA CALL TABLE

Project

County State Product Period of Performance Price Tracts

Estate Type Landowner

St. Francis Basin:

Stateline Ditch

Mississippi Arkansas

Interim

Binder/Commitment 30 101E

Levee

Easement Briggs Farms, LLC

St. Francis Basin:

Binder/Commitment 30 102E

Levee

Easement Ben Harpole

St. Francis Basin:

Binder/Commitment 30 103E

Levee

Easement

Charles & Brenda

Haynes

St. Francis Basin:

Binder/Commitment 30 104E

Levee

Easement Cohen Etal

STATEMENT OF WORK

1. WORK TO BE DONE. The work to be done under these specifications consists of furnishing and delivering

Tract Ownership Data (TOD), Interim Binders (Preliminary Title Policies/Commitments to Insure), Intermediate

Certificates of Title (Updates or Continuations), Endorsements, Copies of Supporting Documentation (i.e., trusts, wills, etc.) and Final Title Policies (Final Certificates of Title).

2. NOTIFICATION OF WORK TO BE DONE. The Order for Title Evidence Form (see Exhibit “A”) shall be used to order the above requested TOD’s, Interim Binders, Intermediate Certificates of Title, Endorsements, Final Title Policies, and Copies of Supporting Documentation, in accordance with the specifications in this agreement. This form may be referred to as a “Call”, "Delivery Order", or “Task Order”. The order will list those items from the bid schedule that are to be performed and delivered. A separate Delivery Order will be issued for each item(s) as needed not to exceed 15 items per order. Any attached information, such as legal descriptions, source deeds, etc., is provided for general information only and should not be relied upon by the

Contractor as definitive or necessarily accurate information.

3. QUANTITY OF WORK. The quantities listed in the bid schedule are approximate and are provided as information only to assist in preparation of the cost proposal. They are not guaranteed and the actual quantities may be more or less than shown. Variation in these estimated quantities shall not be justification for modification of the agreement or request for additional payment. Award of the contract does not guarantee that the Government will order all of the items listed under the agreement from the Contractor. The Government reserves the right to perform any portion of the items listed.

4. OWNERSHIP.

(a) Tract Ownership Data (TOD) to be furnished shall consist of a legible copy of the last deed of record (Tract Ownership Deed) of each ownership that lies within the counties and states specified in the delivery order, and as highlighted on the quad map(s) provided to the Contractor. The Contractor will include all interests of record, including but not limited to those held by railroads, public roads, utilities, and/or drainage districts.

(b) One Interim Binder (Preliminary Title Policy/Commitment) 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 Interim Binder shall cover the entire ownership of the tract and all outstanding surface estates or interests. The Interim Binder shall furnish pertinent information such as parties, dates and recordation data, as well as any oil, gas, or mineral severance deeds, recorded reservation of rights, or other documents identified during the surface title work which the present owner(s) of the oil, gas, or minerals rights acquired title thereto.

(c) Where there has been a severance of the surface and subsurface of the land (to include oil, gas, or minerals), it is contemplated that there may be multiple acquisitions pertaining to the same tract of land and the Contracting Officer or their designated representative may order separate TODs, Interim Binders, Intermediate Policies, Endorsements, or Final Title Policies with regard to the subsurface and minerals.

(d) The Interim Binder, Intermediate Certificate, Endorsements, and Final Title Policy shall show title to be vested in the United States of America or the local sponsor, as applicable.

5. REMUNERATION.

(a) Payment shall be made for TODs, Interim Binders, Intermediate Certificates, Endorsements, Final Title Policies, and document copies ordered and delivered at the corresponding unit price provided in the

Contract.

(b) Invoices setting forth tract numbers and names of vendors will be submitted for all TODs, Interim Binders, Intermediate Certificates, Endorsements, Final Title Policies, and document copies upon delivery thereof. The invoices must itemize the charges for TODs, Interim Binders, Intermediate Certificates, Endorsements, Final Title Policies, and document copies. Invoices must have the call number from the Delivery

Order(s) on it. The Contractor shall assume and pay, at the Contractor’s expense, all charges of any subcontractors and the company issuing the insurance furnished under this Contract.

(c) The Contractor shall, at no additional cost to the Government, review any and all additional curative actions submitted by the Government, discuss any proposed curative actions with the Government’s legal representatives, and will delete, remove and/or amend exceptions in compliance with law. The Contractor agrees to participate in communications with the Government’s legal representatives, including by phone, facsimile, or electronic mail, regarding potential title deficiencies. Except as expressly stated elsewhere in this

Contract, all Contractor time or costs associated with such discussions will not be billed separately and are factored in the unit prices for the TODs, Interim Binders, Intermediate Certificates, Endorsements, Final Title

Policies, and document copies specified herein.

PART 2 - EXECUTION

6. The scope of work of this Contract is to provide professional title services on multiple Projects located throughout the Mississippi Valley Division (MVD) area of operation (See Exhibit “B”). The Government may contract with an individual firm who has one or more subcontractors in each of the aforementioned states. The

Contractor may be either a title insurance company or attorney, and the Contractor or subcontractor performing the work must be duly licensed or authorized to perform such work in the jurisdiction where the property is located. For an attorney to qualify as the Contractor or a subcontractor under this contract, he or she must be licensed and in good standing in the State where the title search will be performed and must submit a written confirmation that he/she is associated with a title insurance company authorized and qualified to issue such policies in the state where the work will be performed. The Contractor must submit written commitments for each individual state within the Mississippi Valley Division (MVD) area of operation.

7. The Contractor shall in all instances adhere to the Department of Justice, Title Standards 2016, or any successor thereto as may be in existence at the time of delivery. The standards can currently be found at https://www.justice.gov/enrd/page/file/922431/download .

8. The Interim Binders 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, followed by a reference to the source of title of the present owner(s). 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 Interim Binder shall be unqualified as to the period of search. The Interim Binders 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) form is the ONLY currently approved policy form. ALTA https://www.justice.gov/enrd/page/file/922431/download

U.S. Policy - 1963 is not approved for use). Delivery of Interim Binders on forms other than those so approved will be considered a nonconforming delivery. . 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, as directed by the Contracting Officer or their authorized representative, and including but not limited to a sponsor of the Project as contemplated by the Water

Resources Development Act of 1986. If requested by the Government, the Interim Binder shall offer to insure the United States of America or the other named entity. If title to the lands is taken in the name of an entity other than the Government, 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 Interim Binder was issued on the federal form.

For each ownership, the Contractor shall provide a typed chronological descriptive list, which list shall include all title instruments during the period of search, depicting the transfer of a fee (other than as security for a debt)’ including but not limited to: patents, direct deeds of conveyance, deeds by or to fiduciary representatives, sheriffs, wills or judgments of possession, and/or decrees, judgments or orders of courts of competent jurisdiction purporting to quiet, confirm, or establish title in fee simple. The description of a title instrument will contain the names of all of the grantors and grantees, the effective date and the date of execution of the instrument, the recordation data, including the date of filing, a brief description of the affected lands, a determination of whether all or only a portion of the ownership tract is affected, a description of the interest conveyed, and any reservations or exceptions thereto.

Under the terms of this Contract, multiple chains of title may be discovered in a single ownership. Where a single ownership includes multiple chains of title, the chronological descriptive list shall be provided for each chain of title. The existence of multiple chains of title in an ownership shall not be deemed to result in the separation of the single ownership into multiple ownerships. The Contractor’s approving official shall attest, in writing that he/she has reviewed the chain-of-title and include a determination of the current ownership interests affecting each tract. The Contractor shall be obligated, upon written request from the Contracting Officer or their designated representative, to provide copies of title instruments that appear in the chain of title, subject to reimbursement.

In addition, Final 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 ____________."

9. The Interim Binder will disclose the name or names of the record owner or owners of the property described therein. Where subsurface estates or interests in the property to be acquired 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.

10. All Interim Binders, Intermediate Certificates, and Final Title Policies shall be executed and in locked PDF format to be transmitted electronically to USACE, Memphis District at CEMVM-RE-RealEstate-

Services@usace.army.mil. If the file size exceeds the email file size capacity, ARMDEC will be used to transmit the file(s) to the Real Estate inbox listed above. Policies 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 in a condemnation proceeding if one is necessary.

mailto:CEMVM-RE-RealEstate-Services@usace.army.mil mailto:CEMVM-RE-RealEstate-Services@usace.army.mil

11. The Interim Binder 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. 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 Policy.

12. Each Interim Binder 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 actual or estimated dollar amount thereof. The statement will also either clearly itemize all delinquent taxes or affirmatively state that there are no delinquent taxes.

13. If the Interim Binder 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.

14. Where the public records disclose that a record owner of a tract under examination is deceased, Contractor shall provide the names and addresses of any and all heirs whose names and addresses appear of record.

In the case of a succession proceeding opened in the name of the record owner, Contractor shall review the court records, including probate, of such succession proceedings and provide the names and addresses of any and all purported heirs, legatees or other parties who claim or may be determined to have an interest in the tract under examination. Contractor shall also provide the name(s) and address(es) of any executor(s) or administrator(s) of the open succession. This requirement is in addition to the above stated requirement that a Contractor affirmatively state whether or not there exists any limitations or incapacities in the authority of a fiduciary to convey the property under examination. If no succession proceeding has been opened, but if the public records disclose that third parties purporting to be heirs of the deceased owner of record have executed documents purporting to convey, dispose or encumber any ownership interest in the subject property, including but not limited to the grant of a lease, timber deed, servitude, ROW, mortgage or similar interest, Contractor shall provide the names and addresses of all such grantors disclosed by the public records. The above requirements of providing names and addresses of potential heirs or claimants to the succession can be satisfied by providing the relevant copies of documents that contain the said names and addresses.

Where the Contractor’s title examination discloses that an owner of record is deceased and that no succession proceeding in the name of such person and involving the subject property has been opened, Contractor shall state that title to such property is vested in the name of the deceased person and shall list names and addresses of the heirs which appear of record, and shall list the failure to open succession as a defect in title to the property.

In accordance with DOJ Title Standards 2016 (DOJ Standards), paragraph 3.7.3.1 titled “Deceased landowner;

Determination of Heirship”, Contractor will recognize affidavits of heirship that conform to the DOJ Standards as proof of heirship so as to allow heirs to exercise their rights of ownership in accordance with the laws of the state where the real property is located, including the right to transfer property.

15. Where the Contractor’s title examination discloses that an ownership interest in the property under examination is held by a partnership, corporation, or LLC, Contractor shall obtain and review any relevant partnership agreements, articles of partnership, incorporation, or organization, operating agreements and other documents which appear in County records where the property is located or in the records of the applicable Secretary of State. Contractor shall provide the Government with copies of such documents.

16. Where Contractor’s title examination discloses that an ownership interest in the property under examination is vested in a minor or a disabled or incapacitated person, Contractor shall provide the names and address of the guardian or conservator as the case may be, and provide copies of the documents that contain such information.

Contractor shall review all courthouse records as required for the title search, including, but not limited to real estate tax rolls, conveyance, mortgage, district court and probate records and shall affirmatively state what limitations or incapacities exist in the authority of the guardian or conservator to convey the subject property.

17. In each Interim Binder, Contractor must provide the percentage of ownership interest of each owner of every tract, and, if available in the chain of title documents, shall provide the name, marital status, mailing address of each owner of every tract for which an Interim Binder is provided.

18. If the Interim Binder 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 Interim Binder 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 Final Title Policy showing valid title to the property in the United States.

19. The Interim Binder shall list as a special exception only those defects, liens, encumbrances or other matters adversely affecting title that applies specifically to both the portion of the property being acquired and to the interest in the property being acquired. The practice of providing blanket special exceptions (i.e., the listing of all special exceptions or encumbrances which appear of record in the name of a particular landowner, without regard to the applicability to such exceptions or encumbrances to the particular tract of land under examination) will render the Interim Binder unacceptable. Additionally, the practice of including blanket special exceptions for easements, servitudes and/or rights-of-way to which the estate of the property that is being acquired is “subject to” will likewise render the Interim Binder unacceptable.

Should the Contractor take exception to the legal status, standing or authority of any trust or entity, such as a corporation, partnership, limited liability company, etc., then Contractor shall identify each by name and shall state with particularity the defect associated with such trust or entity.

The Contractor shall provide copies of all documents creating or related to any identified exception, defect, lien or encumbrance.

20. Contractor shall provide a list of Title Requirements, that describe the necessary actions and/or documents that will cure each title defect listed as a special exception. Each Requirement must adequately and thoroughly describe the actions and/or documents needed to satisfy the requirement and remove the cloud, defect, lien or encumbrance from the title.

The Government will review the curative requirements and prepare any necessary curative documents. The

Contractor shall review all curative documents submitted by the Government, discuss curative actions with the

Government’s legal representatives, and coordinate the curative document execution, if necessary. The

Contractor will then delete, remove, and/or amend the applicable exceptions upon satisfaction of the corresponding requirement. At such time as the Government orders an Intermediate Certificate of the title and the curative document has been executed and filed of public record, the Contractor will delete, remove and/or amend the applicable exceptions upon satisfaction of the corresponding requirement. Contractor shall communicate with the Government’s legal representatives, including by telephone, facsimile, or e-mail, regarding title defects, title requirements and curative actions. The time and effort expended for such discussions and communications must be factored into the Contractor's bid price.

21. Each Interim Binder, Intermediate Certificate of Title, and Final Title Policy shall be executed by a duly authorized officer of the issuing corporation, shall bear the corporate seal of such corporation, and shall be countersigned by the proper officer of the corporation, where necessary. The Final Title Policies shall not except from the insurer’s liability, any defects, liens, encumbrances, or other matters of record set forth in the original policy which are waived by the insurer or its duly authorized representative before closing of the acquisition, nor shall such policies contain any exception with respect to any matter affecting the title as of the date of the original Policy, or its continuations, which was not disclosed in the original Policy, or its continuations. The Contractor also agrees, if requested by the Contracting Officer or their designated representative, review and pre-approve the proposed deed of the property to the United States or the local sponsor and the sufficiency of the deed to vest in it valid title to the property described in Schedule "A" of the

Interim Binder. For these purposes the Contractor shall designate a local representative authorized by it review and approve the form and sufficiency of the curative material, to waive objections, in the Interim Binder and approve the proposed deed to the United States.

22. The Contractor agrees to report changes in ownership and/or to eliminate or cause to be eliminated from the

Interim Binder by Intermediate Certificates of Title (Update or Continuations) thereof, objections disclosed in the Interim Binders issued hereunder when ownership changes occur and when curative material obtained by representatives of the United States or others is acceptable to the issuing title company.

23. Intermediate Certificates shall also be delivered in accordance with format stipulated for the Interim Title

Binder and the DOJ Standards for the Preparation of Title Evidence in Land Acquisitions by the United States, 2016. The period of research will be a minimum of 60 years unless otherwise stated in said task order. The

Contractor will not issue Intermediate Certificates or Update Binders in the form of individual addendums to the

Interim Binder.

24. Endorsements, if required, shall be ordered by the Contracting Officer or designated government representative, in writing, in accordance with specifications herein. Endorsements shall also be delivered in accordance with format stipulated for the Interim Binder and the DOJ Standards for the Preparation of Title

Evidence in Land Acquisitions by the United States. The Contractor will not issue endorsements in the form of individual addendums to the Interim Binder.

No endorsement shall be required where USACE requests the Contractor to substitute a revised and/or corrected plat map and/or tract legal description(s) to an Interim Binder where said request for substitution is made prior to acceptance and approval of the Interim Binder by USACE and where no additional land acreage is added to the revised plat map and/or tract legal description(s). The substitution of the revised and/or corrected plat map and/or legal description(s) to an Interim Binder, as described in this paragraph, shall be without cost to the

Government.

25. If the corporation which is to issue Final 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 Final Title Policy, but shall insure the marketability of the title.

26. At such time as the tract values of the properties involved have been established and conveyances are completed, Owner’s Title Guarantee (Insurance) Policy, shall be ordered by the Contracting Officer or designated Government representative, (American Land Title Association U.S. Policy –9/28/91, as revised, sample). If for any reason the United States of America doesn’t acquire interest in land, Final Title Policies may not be ordered.

27. Copies: No bid is to be submitted for this item. Contractors will be reimbursed the actual cost of certified copies and non-certified copies that have been purchased from the public records office whenever said copies are furnished to the Government in compliance with the terms set forth herein. The

Contractor will submit invoice/receipt from courthouse or public office where said copies were obtained.

Contractors will not be reimbursed for in-house office copies or fees associated with online records search; costs for these incidental expenses should be part of the bid proposed for the title products ordered herein.

DELIVERIES OR PERFORMANCE

28. DELIVERY OR PERFORMANCE. Work shall be made only as authorized by Delivery Orders. Subject to any express limitations in the Delivery Order or elsewhere in this Contract, the Contractor shall furnish to the

Government all TODs, Interim Binders, Intermediate Policies, Endorsements, or Final Title Policies specified in the Schedule and called for by the issued Delivery Orders within the times below:

Tract Ownership Data (TOD) 15 calendar days

Interim Binders (Preliminary Title Policies/Commitments) 30 calendar days

Intermediate Certificates of Title (Updates or Continuations) 20 calendar days

Endorsements 15 calendar days

Final Title Policies (Final Certificates of Title) 10 calendar days

GENERAL PROTECTION / SECURITY POLICY

29. 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.

30. 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.

EXHIBIT “A”

PROJECT

DEPARTMENT OF THE ARMY TRACT NO.

CORPS OF ENGINEERS

ORDER FOR TITLE EVIDENCE

AGREEMENT OLIGATION NO. & CALL

NO.

DATE OF ORDER

TO:

FROM:

In accordance with the provisions of the agreement now in force between you and the United States of America, you are requested to perform the services designated below. It is understood that you will furnish

Furnish TODs, Interim Binders, Intermediate Certificates, Final Title Policies and Post-Final Continuations if and when requested by an authorized representative of the

United States. The material requested below shall be delivered to the office issuing this order at the earliest possible moment.

SERVICES ORDERED

1. ____ Tract Ownership Data (TOD)

2. ____ Interim Binder (Preliminary Policy/Commitment to Insure)

3. ____ Intermediate Certificate to Title (Update or Continuation)

4. ____ Final Title Policy (Final Certificate of Title)

5. _____Endorsement to Final Title Policy

6. ____ Copies of Supporting Documentation

DELIVERY DATE

O N O R B E F O R E :

DESCRIPTION OF LAND

STATE COUNTY OR CITY

DETAILED DESCRIPTION AS SHOWN ON EXHIBIT "A" ATTACHED HERETO

Approved for Sufficiency of Funds ________________________________________________

Name Date

OWNER(S) OR APPARENT OWNER(S)

_____ THIS LAND IS UNDER OPTION

_____ THIS LAND IS NOT UNDER OPTION BUT IS UNDER

INVESTIGATION FOR ACQUISITION

NAME AND TITLE OF ORDERING REALTY SPECIALIST/ATTORNEY

SIGNATURE OF CONTRACTING OFFICER

(OR DESIGNATED REPRESENTATIVE)

EXHIBIT “B”

The following clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses can be accessed electronically at website:

http://www.farsite.hill.af.mil.

FAR 52.212-1 Instructions to Offerors – Commercial Items

FAR 52.212-2 Evaluation Criteria - Commercial Items:

(a) The Government will award two BPA’s from this solicitation to the responsible Offerors whose offer conforming to the solicitation will be most advantageous to the Government based on evaluation criteria. The following factors shall be used to evaluate offers:

Following each standard is a description of the information that should be included in the proposals in order for the evaluator to determine that the standard has been met. Proposals will be rated as Acceptable or

Unacceptable.

Note: If the primary bidder associates itself with subcontractors to meet the minimum qualification criteria, the proposal must include a letter from each subcontractor stating his/her willingness to become part of the team and stating his/her commitment to fulfillment of the work should the primary firm be awarded the contract.

Furthermore, the subcontractor should indicate their company has reviewed the scope of work set forth in the solicitation.

1. TECHNICAL EXPERIENCE

The U.S. Department of Justice imposes certain minimum qualifications on Contractors who are not title insurance companies but who are attorneys or direct agents of title insurance companies: Each

Contractor must submit a written commitment from a title insurance company authorized and qualified to issue such policies in the state where the land is located. The written commitment from the title insurance company as required by this paragraph shall contain a statement of commitment that the title insurance company will issue title insurance products, including but not limited to, interim title binders and final title policies, that comply with the requirements of the Department of Justice Title Standards as well as the terms and conditions of this work contract. If Offeror and/or its subcontractor is a juridical entity such as a corporation or a limited liability company, then it must be registered with the applicable

Secretary of States and must be in good standing in all required states. Evidence of good standing from the Secretary of State’s office or website must be submitted.

If the proposal does not contain these commitments it will be considered non-responsive.

(a) Experience in performing title research and obtaining title and ownership data to form accurate professional opinions regarding the identification of ownership of real property

(tracts), including property defects, liens, mineral interests, and other third party encumbrances affecting such tracts as well as performing property tax status research, and experience in expressing same in interim title binders and final title insurance policies. The proposal must include an average number of title binders prepared annually for the last three years; data should be listed by County and state (e.g., Shelby County, TN – 15 binders; Mississippi County, AR – 30 binders; New Madrid County, MO – 2 binders, etc).

Note that many of the properties impacted by our projects will be located in rural and unincorporated areas.

The proposal shall specify how many title binders your firm has prepared of rural and unincorporated properties and include the names of those clients.

http://www.farsite.hill.af.mil/

(b) Experience in determining, recommending or reviewing the necessary curative which would remove the defects, liens and/or third party encumbrances in title, e.g., cancellations, releases and subordinations.

The proposal shall include an average number of curative actions performed or reviewed by your firm annually for the last three years.

(c) Experience serving as an expert witness in state or federal court on title issues in government condemnation trials.

The proposal shall cite the number of times the attorney has testified as an expert witness.

The proposal should include specific references regarding the type of case, the name of the court in which the attorney testified and the approximate date. Please delineate between testimony in Federal Court as opposed to State Court.

(d) Experience acquiring property title and ownership data for tracts that: 1) are not evidenced by documents of records (i.e. unopened succession); 2) have boundary problems, boundaries bordering water bottoms, claims to ownership of water bottoms and/or have shifting water courses; 3) have numerous owners; and 4) have complicated title histories, such as dual and/or multiple chains of title, after-acquired titles, and grants into and out of levee districts.

The proposal shall include specific references regarding client, title defect or complexity, and approximate date title was researched.

(e) Shall have sufficient manpower to handle a production rate of 15 interim title insurance binders within 30 days. Task orders may be issued every two weeks effectively rendering workloads of 30 title binders in a 30 day time frame. For the purposes of a title insurance product, an ownership is a contiguous area of land in an identical ownership and is deemed to be contiguous even though crossed by roads, railroads, rights of way and/or streams even if the property derived from more than one chain of title.

The proposal shall cite the number of title attorneys and abstractors in the firm and number of years of experience each has in this field of work. If abstractors are not staff personnel, then the firm must include letters of intent from abstractors which it proposes to employ.

2. PAST PERFORMANCE

Satisfactory past performance of similar work for the Federal or State Government is a critical evaluation factor. Timeliness and quality of the product or service must be addressed. Those offerors with no previous work experience with the Mississippi Valley Division should submit references that can verify past performance with other government agencies. The proposal must include the

Government Agency contact name and phone number. An offeror who does not have past experience with a Government agency will not be evaluated unfavorably.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be evaluated as neutral on Past Performance, providing the offeror supplies a statement with their offer that no past performance information is available. (Past

Performance Questionnaire (PPQ) attached.

RATING

DESCRIPTION SYMBOL

Acceptable

Proposal demonstrates a fair level of competence in achieving the goals and objectives of the contract. There are strengths and weaknesses.

Strengths are in balance with weaknesses that exist. Proposal meets government’s expectations.

Unacceptable

Proposal demonstrates a poor level of competence in achieving the goals and objectives of the contract. There are significant weaknesses that will be difficult to correct or are not correctable. Proposal fails to meet government’s expectations.

PRICE

Price proposals shall be submitted for each line item as a price per ownership. Prices should be submitted for the base year of the contract and for each additional option year. Prices should be differentiated by land class: residential/ recreation/agricultural, and commercial/industrial. The requested pricing format is listed on SAMPLE BPA CALL.

The price proposal must include a statement signed by the prime contractor and any proposed subcontractors by which they attest that each has read and understood the scope of work and they understand that this is a firm-fixed price BPA and that no price adjustments will be made once the contract is awarded.

FAR 52.203-3 Gratuities

FAR 52.203-6 Restrictions on subcontractor sales to the government

FAR 52.204-4 Printed or Copies Doubled-Sided on Postconsumer Fiber Content Paper

FAR 52.204-7 System for Award Management

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-16 Commercial and Government Entity Code Reporting

FAR 52.204-17 Ownership or Control of Offeror

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-19 Incorporation by Reference of Representations and Certifications

FAR 52.212-1 Instructions to Offerors—Commercial Items

FAR 52.212-2 Evaluation – Commercial Items (See Notice to Offeror)

FAR 52.212-3 Offeror Representation and Certifications--Commercial Items (See Notice to Offeror)

FAR 52.212-4 Contract Terms and Conditions—Commercial Items

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders—Commercial Items

FAR 52.219-30 – Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program

FAR 52.223-1 Bio-based Product Certification

FAR 52.223-3 Hazardous Material Identification and Material Safety Data

FAR 52.223-5 Pollution Prevention and Right-to-Know Information

FAR 52.223-6 Drug-Free Workplace

FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

FAR 52.228-5 Insurance – Work on a Government Installation

FAR 52.229-3 Federal, State and Local Taxes

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FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-2 Service of Protest

FAR 52.237-1 Site Visit

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation

FAR 52.242-13 Bankruptcy

FAR 52.244-2 Subcontracts

FAR 52.252-2 Clauses to Incorporate by Reference (HTTP://FARSITE.HILL.AF.MIL)

FAR 52.252-6 Authorized Deviations in Clauses

FAR 52.253-1 Computer Generated Forms

REQUIRED INSURANCE

(a) As required by the Contract Clause entitled “Insurance—Work on a Government Installation”, the

Contractor obtain insurance prior to the commencement of work, a certificate or written statement as evidence of the minimum insurance listed below. The Contractor shall procure and maintain such types and amounts of insurance during the entire period of his performance under this contract. The Contractor shall assure that the certificate or written statement is in accordance with required wording indicated in paragraph (b) of the aforementioned Contract Clause.

(1) Workmen’s Compensation – Amounts required by applicable jurisdictional statutes.

(2) Employer’s Liability Insurance -- $100,000.00

(3) Comprehensive General Liability Insurance – (No property damage liability insurance is required.)

Bodily Injury -- $500,000 per occurrence

(4) Comprehensive Automobile Insurance –

Bodily Injury -- $200,000 each person

$500,000 each accident

Property Damage $ 20,000 each accident

(b) Certificates of insurance should be submitted to the following address:

Contracting Division

Memphis District, Corps of Engineers

ATTN: TiJuana M. Harris, Room 665

167 North Main

Memphis, TN 38103

The following are applicable from 52.212-5:

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

FAR 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

FAR 52.209-10 Prohibition on Contracting with inverted domestic corporations

FAR 52.219-6 Notice of Total Small Business Set-Aside

FAR 52.219-8 Utilization of Small Business Concerns

FAR 52.219-13 Notice of Set-Aside of Orders

FAR 52.219-14 Limitations on Subcontracting

FAR 52.219-28 Post Award Small Business Program Representation http://farsite.hill.af.mil/

FAR 52.222-3 Convict Labor

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

FAR 52.222-21 Prohibition of Segregated Facilities

FAR 52.222-26 Equal Opportunity

FAR 52.222-35 Equal Opportunity for Veterans

FAR 52.222-36 Equal Opportunity for Workers with Disabilities

FAR 52.222-37 Employment Reports on Veterans

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

FAR 52.222-41 Service Contract Labor Standards

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires

23760 - Painter, Maintenance

FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and

Option Contracts)

FAR 52.222-50, Combating Trafficking in Persons

FAR 52.222-55 Minimum Wages under Executive Order 13658

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

FAR 52.225-13 Restrictions on Certain Foreign…