W912HN-16-T-0007_Combined_Synopsis_Solicitation.pdf

This notice is being posted as an avenue to provide Request for Quote, W912HN-16-T-0007.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. This procurement will be 100% set aside for only small businesses. The NAICS code is 541191 with a small business size standard of $11,000,000.00. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-86.

Title of Requirement: Homeowner’s Assistance Program (HAP) Title Evidence and Closing Services

Description of Requirement: The work to be performed under these specifications consists of closing services for transactions in which the Government acquires properties, Government is reselling the acquired properties (resale), providing title insurance binders and policies, and providing Department of Justice (DOJ) inspections and property boundary surveys. Properties could be located in all fifty (50) of the United States, the District of Columbia, and Puerto Rico.

Submission requirements: Quotes should be E-mailed to whittni.c.hiscox@usace.army.mil by 2:00 p.m. eastern time on March 09, 2016. Please courtesy copy Mr. Bruce Helms at bruce.a.helms@usace.army.mil.

Basis for Award: Award will be based on Lowest Price Only. The Government has a right to reject any and all offers. See FAR 52.212-2, Evaluation – Commercial Items, below.

The Government reserves the right to cancel this solicitation.

mailto:whittni.c.hiscox@usace.army.mil mailto:bruce.a.helms@usace.army.mil

W912HN-16-T-0007

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 INITIATION: 38 Each $________________ $_________________ The Contractor shall provide Title Evidence, preparation of closing documents, DOJ inspections and survey for the Homeowners Assistance Program (HAP) in accordance with the following items and the attached Performance Work Statement (PWS). (BASE YEAR)

• Title Exam Including Title Binder, Endorsements, Title Updates and Curative Actions (Sections IV and VI)

• Preparation of Closing Documents for Acquisition (Sections II, III and IV)

• DOJ Inspections (Sections II Paragraph 6b, Sec. V Paragraph 1 and Sec. VI Paragraph 5)

• DOJ Property Boundary Line Survey, including Updates (Sections V and VI Paragraph 5)

UNIT UNIT PRICE AMOUNT

0002 GOVERNMENT

ACQUISITION OF

PROPERTY (No

16 Each $________________ $_________________

Resale): The Contractor shall provide Acquisition Final Title and Closing Services for the Homeowners Assistance Program (HAP) to include the following items in accordance with the attached Performance Work Statement (PWS).

(BASE YEAR) •

Acquisition Closing Services (Section II)

• Recording Fees (Section II Paragraph 4 and Section VI Paragraph 3)

• Title Insurance Policy (Section II Paragraph 11 and Section VI Paragraph 4)

• Deed Stamps (Section II Paragraph 4 and Section VI Paragraph 3)

• Cancellation of Mortgage (Section VI Paragraph 3)

• DOJ Pre-closing Inspection(Sections II Paragraph 6b, Sec. V Paragraph 1 and Sec. VI Paragraph 5)

• Overnight Mail Service(s) (Section II Paragraph 4)

UNIT UNIT PRICE AMOUNT

0003 GOVERNMENT

ACQUISITION AND

RESALE OF

20 Each $________________ $_________________

PROPERTY: The Contractor shall provide final Title and Closing Services for the Homeowners Assistance Program (HAP) to include the following items and in accordance with the attached Performance Work Statement (PWS). (BASE YEAR) • Acquisition and Resale Closing Services (Section II and III)

• Recording Fees (Section II Paragraph 4 and Section VI Paragraph 3)

• Title Insurance Policy (Section II Paragraph 11 and Section VI Paragraph 4)

• Deed Stamps (Section II Paragraph 4 and Section VI Paragraph 3)

• Cancellation of Mortgage (Section VI Paragraph 3)

UNIT UNIT PRICE AMOUNT

0004 CANCELLATION: 2 Each $________________ $_________________ The Contractor may invoice for this cancellation fee to cover their costs for

Acquisition or Resale work completed and closing(s) were not completed. (BASE

YEAR)

UNIT UNIT PRICE AMOUNT

0005 INITIATION: 38 Each $________________ $_________________ OPTION The Contractor shall provide Title Evidence, preparation of closing documents, DOJ inspections and survey for the Homeowners Assistance Program (HAP) in accordance with the following items and the attached Performance Work Statement (PWS). (OPTION YEAR 1)

• Title Exam Including Title Binder, Endorsements, Title Updates and Curative Actions (Sections IV and VI)

• Preparation of Closing Documents for Acquisition (Sections II, III and IV)

• DOJ Inspections (Sections II Paragraph 6b, Sec. V Paragraph 1 and Sec. VI Paragraph 5)

UNIT UNIT PRICE AMOUNT

0006 GOVERNMENT

ACQUISITION OF

PROPERTY (No

16 Each $________________ $_________________

OPTION Resale): The Contractor shall provide Acquisition Final Title and Closing Services for the Homeowners Assistance Program (HAP) to include the following items in accordance with the attached Performance Work Statement (PWS).

(OPTION YEAR 1)

• Acquisition Closing Services (Section II)

• Recording Fees (Section II Paragraph 4 and Section VI Paragraph 3)

• Title Insurance Policy (Section II Paragraph 11 and Section VI Paragraph 4)

• Deed Stamps (Section II Paragraph 4 and Section VI Paragraph 3)

• Cancellation of Mortgage (Section VI Paragraph 3)

• DOJ Pre-closing Inspection(Sections II Paragraph 6b, Sec. V Paragraph 1 and

UNIT UNIT PRICE AMOUNT

0007 GOVERNMENT

ACQUISITION AND

RESALE OF

20 Each $________________ $_________________

OPTION PROPERTY: The Contractor shall provide final Title and Closing Services for the Homeowners Assistance Program (HAP) to include the following items and in accordance with the attached Performance Work Statement (PWS). (OPTION YEAR 1) • Acquisition and Resale Closing Services (Section II and III)

• Recording Fees (Section II Paragraph 4 and Section VI Paragraph 3)

• Title Insurance Policy (Section II Paragraph 11 and Section VI Paragraph 4)

• Deed Stamps (Section II Paragraph 4 and Section VI Paragraph 3)

UNIT UNIT PRICE AMOUNT

0008 CANCELLATION: 2 Each $________________ $_________________ OPTION The Contractor may invoice for this cancellation fee to cover their costs for

Acquisition or Resale work completed and closing(s) were not completed.

(OPTION YEAR 1)

UNIT UNIT PRICE AMOUNT

0009 INITIATION: 38 Each $________________ $_________________ OPTION The Contractor shall provide Title Evidence, preparation of closing documents, DOJ inspections and survey for the Homeowners Assistance Program (HAP) in accordance with the following items and the attached Performance Work Statement (PWS). (OPTION YEAR 2)

• Title Exam Including Title Binder, Endorsements, Title Updates and Curative Actions (Sections IV and VI)

• Preparation of Closing Documents for Acquisition (Sections II, III and IV)

• DOJ Inspections (Sections II Paragraph 6b, Sec. V Paragraph 1 and Sec. VI Paragraph 5)

UNIT UNIT PRICE AMOUNT

0010 GOVERNMENT

ACQUISITION OF

PROPERTY (No

16 Each $________________ $_________________

OPTION Resale): The Contractor shall provide Acquisition Final Title and Closing Services for the Homeowners Assistance Program (HAP) to include the following items in accordance with the attached Performance Work Statement (PWS).

(OPTION YEAR 2)

• Acquisition Closing Services (Section II)

• Recording Fees (Section II Paragraph 4 and Section VI Paragraph 3)

• Title Insurance Policy (Section II Paragraph 11 and Section VI Paragraph 4)

• Deed Stamps (Section II Paragraph 4 and Section VI Paragraph 3)

• Cancellation of Mortgage (Section VI Paragraph 3)

• DOJ Pre-closing Inspection(Sections II Paragraph 6b, Sec. V Paragraph 1 and

UNIT UNIT PRICE AMOUNT

0011 GOVERNMENT

ACQUISITION AND

RESALE OF

20 Each $________________ $_________________

OPTION PROPERTY: The Contractor shall provide final Title and Closing Services for the Homeowners Assistance Program (HAP) to include the following items and in accordance with the attached Performance Work Statement (PWS). (OPTION

YEAR 2) •

Acquisition and Resale Closing Services (Section II and III)

• Recording Fees (Section II Paragraph 4 and Section VI Paragraph 3)

• Title Insurance Policy (Section II Paragraph 11 and Section VI Paragraph 4)

• Deed Stamps (Section II Paragraph 4 and Section VI Paragraph 3)

UNIT UNIT PRICE AMOUNT

0012 CANCELLATION: 2 Each $________________ $_________________ OPTION The Contractor may invoice for this cancellation fee to cover their costs for

Acquisition or Resale work completed and closing(s) were not completed.

(OPTION YEAR 2)

Please complete the following in addition to filling in the above individual CLINS (both Unit Price and Amount Total for each CLIN).

Total of Base Period (CLINS 0001-0004) $______________

Total of Option Period 1 (CLINS 0005-0008) $______________

Total of Option Period 2 (CLINS 0009-0012) $______________

Total of Base plus all Options (CLINS 0001-0012) $______________

All items must be filled in completely. Any offers received that are not completely filled out may be rejected.

Please complete the following form:

CONTRACTOR: ______________________________________________________

DUNS NO.: ______________________________________________________

CAGE CODE: ______________________________________________________

TAX ID NO.: ______________________________________________________

E-MAIL: ______________________________________________________

PHONE NO.: ______________________________________________________

DATE OF QUOTE: ______________________________________________________

I certify that by submission of this quote, I am able to meet all tasks as required by the Performance Work Statement in all specified geographic locations, either as the prime contractor or through subcontracts that I manage as the prime contractor and the work will be performed within the applicable laws of jurisdiction for the properties.

QUOTE PREPARED AND CERTIFIED BY:

(Printed Name and Title) (Signature)

Notes to Offerors

Note 1: Quotes shall meet the evaluation/submittal requirements located below in FAR 52.212-2, Evaluation – Commercial Items, to be eligible for an award. All work shall be performed in accordance with the Performance Work Statement.

The contract award will be made to the lowest priced (total of all items), responsible, responsive quote. This is in accordance with Federal Acquisition Regulations (FAR) 52.212- 2, Evaluation

– Commercial Items, and FAR 9.104.

Note 2: The Taxpayer Identification Number may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government.

Note 3: The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company is registered in SAM (https://www.sam.gov) must be submitted along with each Quote.

Note 4: See Performance Work Statement for delivery information.

Note 5: TECHNICAL MATTERS: Submit technical inquiries and questions relating to this solicitation via email to the Contract Specialist, Whittni Hiscox at whittni.c.hiscox@usace.army.mil. Inquiries period will end 5 days prior to quote due date.

If an Offeror believes that the requirements in this Request for Quote contain an error, omission, or are otherwise unsound; immediately notify the Contract Specialist in writing with supporting rationale. The Government reserves the right to award this Request for Quote based on the initial quote, as received, without discussion.

Note 6: If amendments to the Solicitation are issued, all Offerors must acknowledge all amendments in their submission.

Note 7: This requirement is procured following FAR 13.5 Simplified Procedures for Certain Commercial Items.

PERFORMANCE WORK STATEMENT

EXPANDED HOMEOWNERS ASSISTANCE PROGRAM

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 acquires properties, Government is reselling the acquired properties (resale), 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. Providing Interim Binders on Owner’s Title Guarantee Insurance Policies and Final Title

Insurance Policies.

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

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

f. Conduct Pre-Closing Inspections.

g. If after 6 months and no closing has occurred an update on title, DOJ Inspection and

Survey will be required and survey will be requested.

3. Definitions:

a. Applicant – Members of the Armed Forces or civilian employee or employee of Non- Appropriated Fund Instrumentality (NAFI) and Surviving Spouse of a Service Member or Civilian Employee who has been determined eligible for benefits under the Expanded Homeowners Assistance Program.

b. Closing Statement – a form prepared by the Government entitled Government Acquisition Settlement Sheet, 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 42 U.S.C.

3374 (HTTPS://WWW.GPO.GOV/FDSYS/PKG/PLAW-111publ5/content-detail.html) and 32 CFR Part 239 (HTTP://CFR.REGSTODAY.COM/32CFR239.ASPX).

e. 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.

f. Pre-Closing Inspections – Each parcel of real property, that is acquired by the U.S.

Government as part of the HAP program, is subject to a pre-closing inspection to insure property is completely vacant, inside and outside, prior to closing. Pre-closing inspection is not needed if the HAP applicant has procured a buyer for the resale of the property.

SECTION II – SPECIFICATION FOR CLOSING SERVICES GOVERNMENT

ACQUISITION OF PROPERTY

1. Work to be performed – The Contractor will coordinate the acquisition of Applicant’s property who has requested that the Government acquire 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 prepared 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 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 acquisitions 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. This step will be performed by the Government and confirmed with the Contractor.

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. This step will be performed by the Government and a copy provided to the Contractor.

f. The Government prepares the calculation worksheet and HAP Settlement Statement and provides to the Contractor for preparing the final Closing Statement. 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. This step will be performed by the Government and a copy provided to the Contractor.

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 credit the Applicant for mortgage interest (not principal payments), taxes and HOA fees that have been paid in advance for the period determined by the Government. Payments made into an escrow account with Applicant’s lender will not be reimbursed by the Government.

Eventually these monies will be returned to the Applicant by the lender. Title Exam and Binder and any title updates, recording fees, deed stamps, curative actions and mortgage cancellation and express mail costs are included in the service fees as outlined in the bid schedule.

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 Government will notify the Contractor of the established closing date.

The Government will forward to the Contractor a copy of the mortgage payoff statement, calculation worksheet, and settlement sheet for preparation of the Final HUD/Disclosure and other documents. The Contractor will 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) Final HUD-1 Settlement Statement

(3) Reimbursable Worksheet, if required

(4) Any and all other documents required by the state, city, county, etc. where the property is located.

b. A pre-closing inspection will be scheduled not more than five (5) days or less than three

(3) days prior to closing. The Contractor will provide a copy of this inspection to the

Government, and the Contractor must not close until Government clears the inspection for closing.

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 Government 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 VI, paragraph 4. The original recorded Warranty Deed will be forwarded to the Government along with the final title policy.

SECTION III - 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 acquired 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 HUD/Disclosure 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, 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 held at an agreed upon location.

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 VI, number 8.

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 prorata 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. 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.

c. 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.

13. 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.

14. 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 IV - 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 qualified 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 must be issued in a format acceptable to the Government and comply with the Department of Justice Title Standards. 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 Government. 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) USACE Real Estate Handbook (See copies attached) and the U.S. DOJ Title Standards, 2001, www.usdoj.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 V – 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.

The DOJ Inspection, survey and pre-closing inspection must be prepared in a format acceptable to the Government and comply with the Department of Justice Title Standards.

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 acquire or sell. 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 VI - 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 contract. The Contractor shall examine titles and deliver abstracts of title and interim binders within 10 working days after requested. The Government will accept email or 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. The Contractor will perform all curative actions requested by the Government.

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. 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. The Contractor agrees to perform all property inspections, 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 to be conducted by licensed Survey firms, including transmission of documents relevant to the DOJ Certificate of Inspection and Possession Form to the Government.

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 submit an invoice for each event consistent with the contract line items (CLINs). Invoices shall be submitted electronically via email to dorothy.m.steinbeiser@usace.army.mil on a company letterhead, listing the following information:

Company Name, Address, Phone Number Date of Invoice Description of Contract Name and Number Corps of Engineers (COE) HAP Number Applicant Name Property Address Invoiced Amount in Accordance with CLINs Mark “Final” on final invoice

The Government will make payment only after verification that all listed services have been performed. The Government may request documentation from the Contractor to verify performance. After review, the invoice will be processed for payment through the Finance and Accounting Office in accordance with the terms of the Contract entered into between the Contractor and the Government.

9. CONTRACT MANPOWER REPORTING APPLICATION

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officers Technical Representative (COTR) or also known as the Contracting Officers Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language;

and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year.

10. CONTRACT PERIOD

The contract period shall begin upon the date of contract award and shall continue for a period of (1) year from that date, not including the two additional one year options as follows:

Base Year -- 365 calendar days after contract award Option Year One…