W912HN-12-R-0021.doc

Section SF 30 - BLOCK 14 CONTINUATION PAGE

STATEMENT OF WORK

EXPANDED HOMEOWNERS ASSISTANCE PROGRAM

By the AMERICAN RECOVERY AND REINVESTMENT ACT of 2009

TITLE EVIDENCE AND CLOSING SERVICES

For All Fifty (50) States, the District of Columbia, and Puerto Rico

SECTION I - GENERAL SPECIFICATIONS

1. Work to be Performed: The work to be performed under these specifications consists of closing services for transactions in which the Government purchases properties, Government is reselling the acquired properties (resale), Government Assisted Private Sale (GAPS) closings in which the Government is providing a Benefit check to the Applicant to close at closing, providing title insurance binders and policies, and providing Department of Justice (DOJ) inspections and property boundary surveys.

The Contractor will perform services detailed below and represent the Government’s interest at closing in accordance with the laws and regulations of the jurisdiction in which the property is situated, and the “Standards for the Preparation of Title Evidence in Land Acquisitions by United States” attached hereto.

Properties could be located in all fifty (50) of the United States, the District of Columbia, and Puerto Rico, including the following designated geographic areas: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and Puerto Rico.

2. Required Services: The required services consist of:

a. Closing transactions in which the Government is the purchaser of properties through the Expanded Homeowners Assistance Program (HAP).

b. Closing transactions in which the Government acts as the seller of the properties acquired through the Expanded Homeowners Assistance Program.

c. Attending on behalf of Government, private sale closings in which the Government is providing a Government Assisted Private Sale Benefit check to the Applicant.

d. Providing Interim Binders on Owner’s Title Guarantee Insurance Policies and Final

Title Insurance Policies.

e. Taking curative action when necessary to issue a final policy subject only to objections which have been waived by the Government.

f. Conduct DOJ Inspections and provide property boundary surveys and survey updates.

3. Definitions:

a. Applicant – military service member, federal employee or employee of Non-Appropriated Fund Instrumentality (NAFI) who has applied for benefits under the Expanded Homeowners Assistance Program.

b. Closing Statement – a form prescribed by the Government entitled Real Estate Closing Statement, which is used to determine Applicant’s benefits and tax liabilities.

c. Closing Documents – As described in Sections II, III, and IV, documents prepared for closing for execution by the Government and the Applicant/Seller.

d. Expanded Homeowners Assistance Program (HAP) – A program designed to alleviate the undue hardship associated with selling a residential property as outlined in the American Recovery and Reinvestment Act of 2009.

e. Government Assisted Private Sale Benefit – Allows Applicant to sell their home when they do not have funds available to pay off their mortgage by having their benefit check at the closing.

f. DOJ Inspections and property boundary surveys – Each parcel of real property, that is acquired by the U.S. Government as part of the HAP program, is subject to an inspection, survey and review of the title documentation in order to determine whether work or labor has been performed, or materials furnished in connection with repairs that would entitle any person or entity to a lien upon the premises.

SECTION II – SPECIFICATION FOR CLOSING SERVICES GOVERNMENT PURCHASE OF PROPERTY

1. Work to be performed – The Contractor will coordinate the purchase of Applicant’s property who has requested that the Government purchase his/her property under the Expanded HAP. The Contractor will prepare all closing documents for execution by the Government and the Applicant/Seller including, but not limited to the following:

(a) A General Warranty Deed in accordance with the laws and regulations as stated above.

(b) A Real Estate Closing Statement which is a form prescribed by the Government and which will be provided to the Contractor.

(c) A Reimbursable Worksheet, if required, which is a form provided by the Government and which will be provided to the Contractor.

(d) Any Seller’s Affidavits required by the title insurance company issuing a Binder or Title Insurance Policy on the property.

2. Delivery – Closing of Government purchases will be completed within 30 days from the receipt of the closing assembly package, unless otherwise instructed. The closing assembly package will consist of an Information Sheet which will contain the available information about the acquisition and instructions for completion of the Closing Statement.

3. Responsibilities – The Contractor will be solely responsible for the closing of the real estate transaction, to include the following:

(a) determining a closing date and coordinating the acquisition of Applicant’s property with the Applicant, the Applicant’s mortgage company and the Government.

(b) performing a full sixty (60) year title search or updating title from the date of an owner’s policy, if one is available, to the date of closing.

(c) obtaining necessary title curative data and documents as required in Section VI, paragraph 1.

(d) perform all property inspections, boundary surveys, including staking of the property lines, and send inspectors out to each property to review the findings of the surveyors and perform inspections for the issues listed in the DOJ Inspection Certificate, and title work necessary to the completion of the U.S. Department of Justice Certificate Inspection and Possession Form

(e) obtaining information regarding the condition of indebtedness and the payoff of loan balance from Applicant’s mortgage company.

(f) preparing a Closing Statement in the format provided by the Government which includes calculating program benefits and payments using information provided by the Government. The Government will make at least one visit to the Contractor to provide instruction on the correct preparation of the Closing Statement and the calculation of benefits.

(g) preparing a Warranty Deed conveying title to the Government.

(h) preparing a cover letter to the Applicant enclosing the deed and other closing documents and explaining financial details including tax liabilities and specific instructions on completing and returning the documents.

(i) conforming to local statutes and recording requirements.

(j) verifying cancellation of Applicant’s mortgage.

4. Costs: Closing and settlement costs will be paid by the Government. The Government may reimburse the Applicant for mortgage interest (not principal payments), taxes and hazard insurance premiums that have been paid for the period determined by the Government that benefits start to the date the Government acquires the property. Payments made into an escrow account with Applicant’s lender which will eventually be returned to the Applicant will not be reimbursed.

5. Taxes: Property taxes will be prorated, with the Applicant paying his/her portion through the date of closing. When the closing takes place before a determination of the amount of taxes has been made by the taxing authority, or before the taxes are due and payable, an estimate of the current year taxes will be made based on the previous year taxes. The Applicant will pay his/her estimated prorata share of the current year taxes to the Government at closing in certified funds. Payments made into an escrow account with Applicant’s lender will not be used to fulfill Applicant’s obligation to pay a prorata share of the taxes. The Government will be responsible for payment of the taxes when billed – no further adjustments will be made for any increase or decrease in the actual tax due at time of billing.

6. Closing date:

(a) Prior to closing, the Contractor will notify the Government of the established closing date and forward to the Government the following documents no less than ten (10) working days prior to the closing date:

(1) Draft of the Warranty Deed

(2) Closing Statement

(3) Reimbursable Worksheet, if required

(4) Written verification of the payoff amount for the Applicant’s mortgage

(b) A pre-closing inspection will be scheduled and done by the Government not more than three (3) days or less than one (1) day prior to closing. The Government will provide proof of this inspection and the Contractor must not close until this proof is received.

7. Review of Documents: The Government will review the Warranty Deed and the Reimbursable Worksheet and will review and sign the Closing Statement. If the Closing Statement meets the Government’s approval, the Government will then return the Closing Statement to the Contractor.

8. Signatures: The Contractor will obtain signatures of Applicant(s) on the Closing Statement, Warranty Deed and a Seller’s Affidavit as required by the title insurance company. The Contractor will update title and file or record the Warranty Deed. The Contractor will then transmit by fax or email to the Government a copy of the final executed Closing Statement and a clocked in or filed copy of the Warranty Deed.

9. Disbursements: Savannah District Expanded HAP Branch will make any disbursements to the Applicant and the payoff to the mortgage company based on the Closing Statement prepared by the Contractor.

10. Closing Package: Immediately after closing is completed, the Contractor will send the following documents to the Government:

(a) Copy of recorded Warranty Deed

(b) Original Closing Statement

(c) Reimbursable Worksheet

(d) Copy of executed Seller’s Affidavit

11. Title Insurance: The Contractor will provide a final Title Insurance Policy as specified in Section V, paragraph 4. The original recorded Warranty Deed will be forwarded to the Government along with the final title policy.

12. Payment: Payment shall be made for closing services ordered and delivered, on the item basis provided in the bid schedule. Invoices setting forth Application number and names of Applicant will be submitted in duplicate for Closing Services delivered and accepted, during the preceding month. Payment shall be made for recording fees upon invoice by the Contractor with a receipt from the Courthouse attached. Contractor shall be reimbursed for actual costs incurred for express mail charges necessary for timely consummation of each closing transaction.

SECTION III - SPECIFICATION FOR CLOSING SERVICES GOVERNMENT ASSISTED PRIVATE SALE BENEFIT

1. Work to be performed: The work to be performed consists of attending Government Assisted Private Sale closing transactions in which the Government is paying a Government Assisted Private Sale benefit to the seller pursuant to HAP. The contractor will perform the services detailed below and represent the Government’s interest at the Government Assisted Private Sale closing.

2. Responsibilities: The Contractor will have the following responsibilities:

a. Attend the Government Assisted Private Sale closing on behalf of the Government.

b. Take and disburse, if closing is completed, the Government check made payable to the Applicant, or if the government elects to use the escrow option, disburse the amount as instructed from the escrow account funds.

c. Obtain and send to the Government within 3 days a coy of the (1) sales contract; (2) Deed; (3) Purchase and Settlement Statement: (4) Any other documents pertinent to the closing such as Powers of Attorneys.

SECTION IV - SPECIFICATION FOR CLOSING SERVICES GOVERNMENT RESALE OF PROPERTY

1. Work to be performed: The work to be performed consists of closing transactions in which the Government acts as the seller of property purchased by the Government pursuant to HAP. The Contractor will perform the services detailed below and represent the Government’s interest at closing in the sale of properties.

2. Delivery: Upon acceptance of a Contract to Purchase, the Government will forward it to the Contractor, with supporting documents. The Contractor will schedule a closing date to conform to time frame stipulated in the sales agreement.

3. Responsibilities: The Contractor will have the following responsibilities:

a. Determine what documents are required to complete the sale and prepare closing documents for execution by the Government and the Purchaser including but not limited to the following:

Quitclaim Deed

Settlement Statement

Other documents, addendums, or affidavits required transferring marketable title

b. Represent the interests of the Government at closing. The Contractor may also provide closing services to the buyer if requested by the buyer, at buyer’s expense. If buyer does not require closing services from the Contractor, the Contractor will continue to have the responsibilities listed in this paragraph and the responsibility of coordinating the closing on behalf of the Government.

c. Obtain and review updated title information.

d. Explain all closing papers and documents related to the transfer of the property to the purchaser.

e. Administer requests for closing extensions.

f. Collect funds related to the sale by the Government.

4. Closing Date: Prior to closing, the Contractor will notify the Government of the established closing date and forward to the Government, by fax or email, for review the following documents no less than four days prior to the closing date:

a. Quitclaim Deed

b. Power of Attorney for the Attorney to act on behalf of the Chief of Real Estate

c. The Settlement Statement summarizing the transaction.

5. Review of Documents: The Government will review and sign the Deed, the Settlement Statement and other required documents. The Government will return the executed Deed and Closing Statement in advance of the date of closing.

6. Coordination: The Contractor will conduct all coordination between the Government and the Purchaser, Real Estate Broker, Purchaser’s mortgage company, Purchaser’s attorney, and any other parties necessary to meet the closing date specified in the Sales Contract. The contractor will inform the purchaser fairly and accurately on matters pertaining to the sales closing, including providing information on the location and date for closing, the amount of funds needed to close the sale, and documents related to closing. If a mortgage loan is being obtained, the closing will be at the mortgage lenders office.

7. Earnest Money and Closing Procedures. The Contractor will be responsible for the coordination and accounting for disposition of the earnest money as well as for disposition/collection of all other closing proceeds. Contractor will forward proceeds to the Government as soon as practicable following closing – usually within 24 hours, to the address set forth in Section V, paragraph g.

8. Copies of Documents: The Contractor will provide copies of all executed closing documents.

9. Taxes: Property taxes will be prorated, with the Government paying its portion through the date of closing. When the closing takes place before a determination has been made of the amount or before the taxes are due and payable, an estimate of the current year taxes will be made based on the previous year taxes. The Government will pay its estimated prorate share of the current year taxes to the Purchaser at closing. Purchaser will be responsible for payment of the taxes when billed – no further adjustments will be made for an increase or decrease in the actual tax due at time of billing.

10. Closing Costs: The Government’s closing costs and the real estate commissions are to be paid from the closing proceeds at the time of closing. Items, which may be deducted from the Government’s proceeds at closing, may include any of the following:

a. Real Estate Brokers Sale Commission in the amount specified in the Sales Contract.

b. Unpaid Utility bills which occurred during Government ownership

c. Termite/Pest Inspection and Certification letter, required by the Lender.

d. Termite/Pest treatments required as a result of the inspection, required by Lender.

e. Unpaid Homeowners Association dues, which were assessed during Government ownership.

f. Government’s estimated pro rata share of current year’s taxes.

g. Recording and transfer charges required to be paid by the Government as seller.

h. Any other expenses approved and agreed to the Government.

11. Recording: The Contractor will record the Quitclaim Deed in the appropriate District where the property is situated. Contractor will provide a certified copy of the deed as recorded to the purchaser and to the Government. All recording fees other than those associated with the Quitclaim Deed will be the expense of the purchaser.

12. Payment: The Settlement Statement will show the Contractor’s fee. However, the Government at closing will not pay the Contract Attorney. Rather, it will be necessary that the Contractor provide an invoice to the Government for services rendered at the time of submission of the recorded documents, final Settlement Statement and other items relevant to the closing. After review, the invoice will be processed for payment through the Finance and Accounting Office in accordance with the terms of the Purchase Order Contract entered into between the Contractor and the Government.

13. Costs Associated with Delay in Closing:

a. Closing services for the Government Purchase. If the contractor fails to complete the closing on or before the specified closing date, absent circumstances beyond the contractor's control, the contractor shall be responsible for any additional costs incurred.

b. Closing Services for Government Sale of Property. If the contractor fails to complete the closing on or before the date specified in the Sales Contract, absent circumstances beyond the contractor's control, or if the sale proceeds are not delivered or not forwarded to the Government within 24 hours after the closing, the Government will have the right to require the Contractor to pay interest for each day of delay at the prime rate.

14. Bonding: The Contractor shall obtain bonding in an amount equal to the value of the cases assigned by the Government during a normal two-month period. The Bond may be surety or fidelity, provided the Government is fully protected against acts involving misappropriation of funds by the principal, employees of the Contractor and any subcontractor the closing agent may use. The bond must be in place prior to contract award.

15. Escrow Account: The Contractor must have an escrow account for all proceeds. Complete and accurate records must be maintained for the escrow account, which as a minimum, include a cash receipts and disbursement register. This register shall be reconciled monthly to the bank account. The register shall identify by address and case number each property to which the receipt or disbursement applies and the purpose for each disbursement.

16. The Government reserves the right to make on site reviews of the Contractor’s records and procedures relating to the closing under this contract including the receipt and disbursement register referred to in Paragraph 15.

SECTION V - OWNER'S TITLE INSURANCE BINDERS AND POLICIES AND ENDORSEMENTS

1. The Contractor represents, and it is a condition of any obligation of the Government hereunder, that the Corporation that is to issue Title Insurance Policy there under, is authorized and qualified to issue a policy in the State where the land is located. If the Contractor is an abstractor, the binders and title policies to be issued are binders and title policies issued by a corporation authorized and qualified to issue binders and title policies in the State where the land is situated.

2. The Title Binders and Policies shall be based on an unqualified and thorough search and examination of the public records affecting the title to the land, and shall contain the legal description of the property to be insured.

3. The Title Binders and Policies shall disclose the name or names of the record owner or owners of the property described therein for which the Title Insurance Policy is to be issued. Where subsurface estates or mineral interests in the property to be acquired are owned by parties other than the present record owner of the surface, it will not be necessary to furnish ownership data on the outstanding subsurface interests as title to the Government will be taken subject to any outstanding third parties subsurface or mineral interest.

4. The Title Binders and Policies shall contain in Schedule B, the names and addresses, as disclosed by the public records, of all persons or corporations having any liens or mortgages or rights or interests in the property described therein. This information shall include the amount of indebtedness of any liens secured by the property and all subsequent assignees of the lien, as disclosed by the public record.

5. The Title Binders and Policies shall contain sufficient information concerning defects, liens, encumbrances, and other matters accepted therein, 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 an Endorsement deleting each such defect, lien, encumbrance, and other matter from the Title Policy.

6. The Policy shall contain a detailed statement of any taxes and special assessments of record that are a lien on the property described. This statement shall include information concerning Homeowners Association fees or dues affecting the property sufficient to enable an attorney examining the policy to determine the nature and amount and the method of payment of the fees or dues.

7. If the Policy contains any objection with respect to liens for taxes, assessments, or bonds of a special improvement district, such objections will be followed by facts necessary to enable an attorney examining the policy to determine the nature and extent and method of payment of the lien, if any, created by such taxes, assessments, or bonds, on the land described therein.

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

9. The Title Binders and Policies and Endorsements shall be provided on a United States form approved by the Attorney General of the United States and the American Land Title Association. Each Binder, Policy and Endorsement shall be executed by an authorized officer of the issuing corporation, shall bear the corporate seal, and shall be countersigned by the authorized officer of the corporation, where necessary. The Title Policy shall not except from the corporation's liability any defects, liens, encumbrances, or other matters of record set forth in the original policy, which are waived by the corporation or its duly authorized representative or are cured to the satisfaction of the corporation or its duly authorized representative before closing of the acquisition, nor shall such amended policy contain any exception with respect to any matter affecting the title as of the date of the original Binder or Policy which was not disclosed in the original Binder or Policy.

10. The Contractor shall report changes in ownership and/or to eliminate or cause to be eliminated from the Title Binder or Policy objections disclosed in the Title Binder or Policy when ownership changes occur and when curative material obtained by representatives of the United States is acceptable to the title company issuing the Title Policy.

11. Liability of the corporation under the Title Policy, issued pursuant to these specifications, shall not be limited to a sum less than the monetary consideration paid or to be paid by the United States for the acquisition of the property.

12. The Contractor shall provide copies of liens affecting the property including but not limited to, mortgages, assignments, Uniform Commercial Code Financing Statements, at no additional charge. Contractor agrees to provide copies of documents for each exception set out in the Title Binder or Policy when requested by the Government at no additional charge.

13. If available through the public records, the Title Binder shall be accompanied by a plat or plan, based on a survey by a surveyor or engineer, sufficient to enable an attorney to locate the land described in the Title Binder. When the land is part of a subdivision, a copy of the subdivision plat, or the section in which the land is located, should be submitted.

14. Title Binders shall contain a statement that the obligations and liabilities under the Binder will not terminate after six months and that the obligations and liabilities will extend for two years from the effective date of the Binder or until the policy committed for shall be issued.

15. The amounts necessary to satisfy any liens or mortgages shall be transmitted to the lien holder by the Contractor. Upon receipt by the contractor of the check, the payoff statement, and the transmittal letter to the lien holder, the Contractor will remit to the mortgage holder. Upon closing, the final Title Policy shall be issued without a Schedule B exception for the liens or mortgages.

16. Performance shall be in accordance with the "Standards for the Preparation of Title Evidence in Land Acquisitions by United States" and Engineer Regulation (ER 405-1-12) (See copies attached) and U.S. DOJ Title Standards, 2001, www.u.s.doj.gov/enrd/legaldocuments.html.

17. Quality Control Plan. Within five (5) days of contract award, the Contractor shall provide a written Quality Control Plan to the Government for approval. The Quality Control Plan shall outline the procedures the Contractor has in place to ensure the specifications of this contract are met as required and that the performed work meets local codes and industry standards.

SECTION VI – U.S. DEPARTMENT OF JUSTICE INSPECTIONS AND PROPERTY BOUNDARY SURVEYS

1. The U.S. Department of Justice requires each parcel of real property, that is acquired by the U.S. Government as part of the HAP program, to be subject to an inspection, survey and review of the title documentation in order to determine whether work or labor has been performed, or materials furnished in connection with repairs, on the property, that would entitle any person or entity to a lien upon said premises, and/or determine that there are no persons or entities which have, or which may have, any rights of possession in said premises adverse to the rights of the named owners of the property or the United States of America.

2. In addition, to ensure that both the U.S. Government and the Contractor have maximum information from the Sellers/HAP Applicant pertaining to the property being acquired by the government, Seller/HAP Applicant would be required to furnish to Contractor and to the U.S. Government a separate Seller's Affidavit intended to obtain their certification that no property changes have been made that would result in a lien on the property, or create any dispute over the rights of possession held by the U.S. Government on the property. Contractor agrees to provide all necessary legal work to produce the Seller’s Affidavit for approval by the government, and once approved, Contractor and U.S. Government agree that said Seller’s Affidavit shall be obtained by the Contractor, from the Seller/HAP Applicant, prior to the closing on the sale of the property to the government.

3. To the extent necessary to the timely completion of these services prior to the closing on the sale of the property to the U.S. Government, Contractor agrees to order and process additional title updates necessary for each property.

4. To the extent that there is adequate funding already incorporated in the Contract to fund this additional work, there has been no additional funding required at this time. To perform these additional duties, an additional 35 days may be added to the required closing times for all U.S. Government acquisitions assigned to the Contract.

5. The quantities are strictly “estimates” based on current information available and may change or be modified based on the actual number of properties acquired. The quantities for each line item may be adjusted to reflect the most realistic number of properties the U.S. Government expects to purchase. The quantities shown are for estimating purposes “Only” and the total funding limits in the contract shall dictate the amount of work ordered by the government and performed by the Contractor.

SECTION VII - DETAILED SPECIFICATIONS

1. Title Evidence. Title evidence shall consist of a Preliminary Title Insurance Binders, Endorsements to Title Insurance Binders or Policies, Copies of Easements as required, and Final Title Insurance Policies, as appropriate. References hereinafter to "Binder," "Policy," and "Endorsements" shall apply to the forms of title evidence specified by said Schedule.

Applicants to this Program designate the property for which he or she is claiming benefits through an application to the Program. One abstract of title, binder or policy shall be issued for each Applicant. A copy of a portion of the application submitted by the Applicant that shows information about the property and possible liens on the property, Applicant’s social security number, a copy of a valid driver’s license, copy of recorded purchase deed, and information pertaining to Homeowners Association dues will be provided to the Contractor. The Contractor shall confirm the actual liens on the property through the title examination.

The Title Search shall include a bankruptcy search, tax search, Homeowners Association Certification, Flood Zone Certification and utilities (water and electricity) search. The tax search shall identify all entities that collect property taxes on the property.

The Contractor shall deliver Abstracts of Title, Interim Binders and Title Insurance Policies as requested by the Government in the purchase order. The Contractor shall examine titles and deliver abstracts of title and interim binders within 10 working days after requested. The Government will accept facsimile copies of Abstracts and Binders pending receipt of the original by the Government. If any defect or deficiency is found during the title examination, which is not part of the title services, the Contractor shall provide sufficient information with the title binder so that the Government can evaluate the need for curative action. Should the Government determine that curative action is required; the Government will submit a task order to the Contractor to provide specific curative action.

2. Title Update. The Contractor shall have a representative available in the land record office to affect an updated title search immediately prior to the acquisition of the property by the Government. The Contractor shall provide written verification of the update when an invoice for the update is submitted. The Contractor will receive notice of the day of the scheduled closing for the acquisition of the property at least two working days prior to the closing. Should there be a change affecting the title, the Contractor shall immediately notify the Government of the change by telephone and by facsimile or email. If requested by the Government, the Contractor shall perform an additional update of the title. The Contractor shall provide endorsements to the interim binder issued as a result of title updates within ten working days of receipt of request to provide the title update.

3. Recording and Recording Fees. The Contractor shall record deeds to the Government and other documents including, but not limited to Powers of Attorney, mortgage satisfactions, and cancellations of Uniform Commercial Code financing statements. Deeds to the Government shall be recorded on the day of the scheduled closing for the acquisition of the property or within one business day after the scheduled closing, provided there has been no change affecting the title since the issuance of the binder. The Contractor shall provide confirmation that the deed has been recorded by facsimile or email to the Government. The Contractor shall record mortgage cancellations no later than the next business day following receipt by the Contractor. The Contractor shall pay the required recording fees and will be reimbursed for these fees at actual cost. The Contractor shall provide copies or examples of forms, affidavits or documents required by state or federal authorities or which are necessary to conform to recording requirements.

4. Title Insurance Policy. The Standards for the Preparation of Title Evidence in Lands Acquisitions by the United States, herein attached and made a part thereof, and Section IV contain detailed specifications concerning the Government's requirements for the title insurance policy. One Binder and one Owner's Title Insurance Policy will be furnished for each property designated by an Applicant as the property for which he or she is claiming benefits. The Contractor shall issue and deliver the Title Insurance Policies immediately after the Government has acquired the property. The Government will accept facsimile/email copies of Policies pending receipt of, the original by the Government.

A "reissue rate" for the title insurance premium for the Government's policy is requested when the Contractor is provided with an Owner's Title Insurance Policy for the property to be insured that is sufficient to qualify for this rate.

The Contractor shall provide any seller's affidavits required by the title insurance company issuing a Binder or Title Insurance Policy on the property.

5. U.S. Department of Justice Inspections (DoJ) and Property Boundary Surveys. The Contractor agrees to perform, through its employees and subcontractors, all of the services and requirements necessary to complete the Department of Justice Certificate of Inspection and Possession form for each and every assigned property relevant to a government acquisition of the parcel of real property, including options. Performance of all property inspection, including staking of the property lines, and send inspectors out to each property to review the findings of the surveyors and perform inspections for the issues listed in the DOJ Inspection Certificate survey, and title work necessary to the completion of the U.S. Department of Justice Certificate of Inspection and Possession Form (attached herewith) with the cost of the real property survey, to be conducted by licensed Survey firms, to be reimbursed at actual costs per property, and Express mail charges as necessary to the transmission of documents relevant to the DoJ Certificate of Inspection and Possession Form to be reimbursed at actual costs.

6. Closing duties. The Contractor shall prepare all necessary title insurance and closing documents for the closing of the property and submit them to the Government for approval, prior to the acquisition or resale of the property.

7. Other duties. In execution of the duties listed above, the Contractor shall furnish any reports, answer all inquiries and adhere to such requirements as may be set out from time to time by an attorney of the Government at no additional cost to the Government.

8. PROCEDURES FOR INVOICING OF SERVICES - The Contractor shall include the following items on the Invoice:

Purchase Order Number

Corps of Engineers (COE) HAP Number

Applicant Name

Property Address

Invoice shall be mailed to:

U.S. Army Corps of Engineers, Savannah District

P. O. Box 889, Attn: CESAS-RE-HA

Savannah, GA 31402-0889

The Contractor shall list each line item and the amount billed for the line item separately on the invoice. The Contractor shall note whether the invoice includes a reissue rate for the title insurance premium. The Government will make payment only after verification that the services have been performed. The Government may request documentation from the Contractor to verify performance.

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PROPOSAL EXPENSES AND PRECONTRACT COSTS:

This request for proposal does not commit the Government to pay for costs incurred in the preparation and publication of a proposal or for any other costs incurred prior to execution of a formal contract.

PREAWARD SURVEY

The Government reserves the right to conduct a preaward survey, of any firm under consideration, to confirm any part of the information furnished by the offeror; or to require other evidence of managerial, financial, technical, and other capabilities, the positive establishment of which, is determined by the Government to be necessary for the successful performance of the contract.

HAND-CARRIED OR MAILED PROPOSALS

HAND-CARRIED AND ELECTRONIC PROPOSAL SUBMISSIONS, TO INCLUDE EMAIL AND FACSIMILE, ARE NOT AUTHORIZED.

MAILED PROPOSALS: Mailed proposals must be clearly identified with the contractor’s name and address. To ensure timely and proper handling, the lower left corner of the outermost wrapper should indicate the following:

Request For Proposal No: W912HN-12-R-0021

Due Date of Proposal: 23 March 2012 Time by which Proposals are Due: 1:30 P.M. (E.T.)

Title of Project: HAP Title Evidence and Closing Services for All Fifty (50) States, the District of Columbia, and Puerto Rico The Government will not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. Offerors are responsible for ensuring that proposals are submitted so as to reach the office designated for receipt of proposals. Offerors are responsible for allowing sufficient time for the proposal to be physically received and processed by Mailroom personnel in accordance with the information provided.

Proposals must be delivered by U.S. Mail, including U.S. Express Mail, Federal Express, or United Parcel Services must be addressed as indicated below.

U.S. Army Engineer District, Savannah

ATTN: CECT-SAS-E (Nikisha Weston)

100 West Oglethorpe Avenue

Savannah, Georgia 31401-3640

The date and time of delivery established by commercial carriers is not the official time of receipt by the Government. Security Guards posted at the loading dock entry for the building do not receive proposals and will contact Mailroom personnel. Once Mailroom personnel are available, the proposal will be processed by the Security Guards using established security procedures and subsequently picked up by Mailroom personnel. After receipt by the Mailroom personnel, a record will be made of the receipt of the proposal. Completion of these actions will constitute delivery of the proposal by the date and time designated for receipt of proposals in Block 8 of the SF 1449. Offerors are responsible for allowing sufficient time for the proposal to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of proposals.

Proposals sent by U.S. Mail or U.S. Express Mail and addressed the street address of 100 West Oglethorpe Avenue may be delivered to the Savannah District Post Office Box and not to the street address. Offerors that use U.S. Mail or U.S. Express Mail must allow sufficient time for proposals to be received by Mailroom personnel by the time specified for receipt of proposals in Block 8 of the SF 1449. Offerors are responsible for allowing sufficient time for the proposal to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of proposals.

TECHNICAL MATTERS

Technical inquiries are to be emailed to Cassandra Rinehart at cassandra.k.rinehart@usace.army.mil or (912) 652-4724 All other questions should be emailed to Nikisha Weston at nikisha.weston@usace.army.mil or (912) 652-5102

L.5 PROPOSAL EVALUATION

GENERAL INSTRUCTIONS

Interested Offerors should submit technical proposals in conjunction with price proposals for review and consideration by the Government. The Government will evaluate these proposals to ensure the contractor can perform the work described in the statement of work.

Proposals are due no later than the time and date specified in Block 8 of Standard form 1449.

GENERAL PROPOSAL FORMAT:

Include the title of the solicitation, solicitation number, Offeror name, and date of the submittal.

Standard form 1449, completed and signed by authorized individual(s) of the Offeror.

Proposal Pricing Schedule Representations and Certifications, Section K.

Proposal Data Sheet. Offerors should ensure telephone number; fax number, and e-mail address and DUNS number are all included. The Offeror should also submit their Tax ID number on the proposal data sheet.

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and…