W912ES21Q0089 Solicitation.pdf

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Attached to: Real Estate Title Services IDIQ
Solicitation number: W912ES21Q0089
Issued by: Department of the Army Corps of Engineers Engineering District St Paul

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SEE ADDENDUM

(No Collect Calls)

W912ES21Q0089 29-Sep-2021

b. TELEPHONE NUMBER

651-290-5614

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 22 Oct 2021

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.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOHN P RIEDERER

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

W81G6712528929

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

CONTRACTING DIVISION

USACE - ST PAUL

180 FIFTH STREET EAST

SUITE 700

SAINT PAUL MN 55101-1678

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 966323 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFP

REAL ESTATE DIVISION OFF

STEPHANIE DUPEY

USACE - 180 FIFTH STREET EAST

SAINT PAUL MN 55101-1678

TEL: 651-290-5369 FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,000,000

NAICS:

541191

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 OF62

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.

W912ES21Q0089

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

PLEASE DIRECT QUESTIONS TO JOHN RIEDERER AT JOHN.P.RIEDERER@USACE.ARMY.MIL or

(651) 290-5614. THE SOLICITATION AND RESULTING CONTRACT SHALL BE THE GOVERNING

DOCUMENT IN ALL CASES.

** IT IS PREFERRED THAT QUOTES BE E-MAILED TO JOHN RIEDERER AT

JOHN.P.RIEDERER@USACE.ARMY.MIL.**

Quotes may also be submitted by mail/courier to the following:

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: John Riederer

180 5TH STREET EAST, SUITE 700

ST. PAUL, MN 55101-1678

THE PRICE SCHEDULE MUST BE COMPLETED AND SUBMITTED FOR A QUOTE TO BE

CONSIDERED COMPLETE.

THE GOVERNMENT INTENDS TO AWARD MULTIPLE (UP TO THREE (3)) IDIQ CONTRACTS FROM

THIS ONE SOLICITATION.

In accordance with FAR Part 52.204-7(b)(1) Contractors must be registered in the System for Award Management (SAM) database (www.SAM.gov) to submit an offer. (Formerly the Central Contractor Registration (CCR) database and the On-Line Representations and Certifications (ORCA).) Any reference to CCR or ORCA in any clause or provision is referring to the www.sam.gov website. Please note that Google and Google Chrome are not supported browsers for SAM registration. Mozilla FireFox, Safari, and Internet Explorer are supported browsers.

NOTE: SAM.gov registration takes approximately 3 weeks (DUNS registration 1-2 business days; CAGE code validation up to 10 business days; IRS validation and overall submission 7-10 business days). It is the contractor’s responsibility to track SAM.gov registration and follow-up with required tasks.

In addition, if you are registering a new entity in SAM.gov, you must provide an original, signed notarized letter stating that you are the authorized Entity Administrator. The Entity Administrator must establish a LOGIN.GOV account using the e-mail address that will be associated with the SAM registration. See https://www.gsa.gov/aboutus/organization/federal-acquisition-service/office-of-systems-management/integratedaward-environment-iae/samupdate for additional information.

Provide DUNS number: ___________________________ (telephone 866-705-5711 for DUNS)

Provide CAGE code: ____________________________

Provide TAX ID: __________________________

Per FAR Part 52.212-3 Alt I, the Contractor is required to complete the On-line Representations and Certifications Application (www.SAM.gov) and paragraph (b) if applicable, OR to complete paragraphs (c) thru (m) of this clause and return with quote.

POTENTIAL QUOTERS ARE NOTIFIED THAT THE BASIS ON WHICH AWARD WILL BE MADE IS PRICE

ALONE.

ALL RESPONSIBLE SOURCES MAY SUBMIT A RESPONSE WHICH, IF TIMELY RECEIVED, MUST BE

CONSIDERED BY THE AGENCY.

INVOICES SHALL BE SENT TO TECHNICAL POINT OF CONTACT.

STATEMENT OF WORK

SCOPE OF WORK

DESCRIPTION/SPECIFICATIONS

FOR DELIVERY OF REAL ESTATE TITLE SERVICES

PART 1 - GENERAL

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 20 items per order in a single county, and will be agreed upon between the contractor and the contracting officer (or his/her designated representative) prior to placing the Delivery 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 Saint Paul District (MVP) area of operation (See Exhibit “B” Below). 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 MVP area of operation.

7. The Contractor shall in all instances adhere to the U.S. Department of Justice, Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (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 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 the St. Paul District Real Estate Contracting Officer at:

kevin.j.sommerland@usace.army.mil. If the file size exceeds the email file size capacity, ARL Secure Access File Exchange (SAFE) or other Department of Defense approved file exchange 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.

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

29. Contract Minimum/Maximum Amounts and Contract Value:

The guaranteed minimum value for this contract is $1,000.00 per each option period.

The total maximum amount of this contract shall not exceed $450,000.00. The maximum contract value for all orders issued against this contract shall not exceed the maximum contract value stated.

GENERAL PROTECTION / SECURITY POLICY

30. All contractor and all associated sub-contractor’s 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.

31. 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.

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

EXHIBIT A

NAME AND TITLE OF ORDERING REALTY SPECIALIST/ATTORNEY

SIGNATURE OF CONTRACTING OFFICER

(OR DESIGNATED REPRESENTATIVE)

EXHIBIT B

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 20 Hours Title Searches

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W81G6712528929

PSC CD: R411

NET AMT

0002 5 Each Preliminary Title Binder

FFP

FOB: Destination

0003 5 Each Interim Title Binder

FFP

FOB: Destination

0004 1 Each Final Title Binder

FFP

FOB: Destination

0005 1 Job Acquisition Closing

FFP

FOB: Destination

0006 10 Hours Curative Title Work

FFP

FOB: Destination

0007 1 Thousand Title Insurance

FFP

Rate per $1,000 of final sale price FOB: Destination

1001 20 Hours OPTION Title Searches OPTION YR 1

FFP

FOB: Destination

1002 5 Each OPTION Preliminary Title Binder OPTION YR 1

FFP

1003 5 Each OPTION Interim Title Binder OPTION YR 1

FFP

1004 1 Each OPTION Interim Title Binder OPTION YR 1

FFP

1005 1 Job OPTION Acquisition Closing OPTION YR 1

FFP

1006 10 Hours OPTION Curative Title Work OPTION YR 1

FFP

1007 1 Thousand OPTION Title Insurance OPTION YR 1

FFP

Rate per $1,000 of final sale price

2001 20 Hours OPTION Title Searches OPTION YR 2

FFP

2002 5 Each OPTION Preliminary Title Binder OPTION YR 2

FFP

2003 5 Each OPTION Interim Title Binder OPTION YR 2

FFP

2004 5 Each OPTION Final Title Binder OPTION YR 2

FFP

2005 1 Job OPTION Acquisition Closing OPTION YR 2

FFP

2006 10 Hours OPTION Curative Title Work OPTION YR 2

FFP

2007 1 Thousand OPTION Title Insurance OPTION YR 2

FFP

Rate per $1,000 of final sale price

3001 20 Hours OPTION Title Searches OPTION YR 3

FFP

3002 5 Each OPTION Preliminary Title Binder OPTION YR 3

FFP

3003 5 Each OPTION Interim Title Binder OPTION YR 3

FFP

3004 1 Each OPTION Final Title Binder OPTION YR 3

FFP

3005 1 Job OPTION Acquisition Closing OPTION YR 3

FFP

3006 10 Hours OPTION Curative Title Work OPTION YR 3

FFP

3007 1 Thousand OPTION Title Insurance OPTION YR 3

FFP

Rate per $1,000 of final sale price

4001 20 Hours OPTION Title Searches OPTION YR 4

FFP

4002 5 Each OPTION Preliminary Title Binder OPTION YR 4

FFP

4003 5 Each OPTION Interim Title Binder OPTION YR 4

FFP

4004 1 Each OPTION Final Title Binder OPTION YR 4

FFP

4005 1 Job OPTION Acquisition Closing OPTION YR 4

FFP

4006 10 Hours OPTION Curative Title Work OPTION YR 4

FFP

4007 1 Thousand OPTION Title Insurance OPTION YR 4

FFP

Rate per $1,000 of final sale price

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00 $450,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$1.00 $10,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 1005 N/A N/A N/A Government 1006 N/A N/A N/A Government 1007 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government 2005 N/A N/A N/A Government 2006 N/A N/A N/A Government 2007 N/A N/A N/A Government 3001 N/A N/A N/A Government

3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government 3005 N/A N/A N/A Government 3006 N/A N/A N/A Government 3007 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government 4003 N/A N/A N/A Government 4004 N/A N/A N/A Government 4005 N/A N/A N/A Government 4006 N/A N/A N/A Government 4007 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-NOV-2021 TO

31-OCT-2022

N/A REAL ESTATE DIVISION OFF

STEPHANIE DUPEY

USACE - 180 FIFTH STREET EAST

SAINT PAUL MN 55101-1678

651-290-5369

966323

0002 POP 01-NOV-2021 TO

31-OCT-2022