W912P826QA021 Real Estate Solicitation.pdf
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- Solicitation number
- W912P826QA021
About this file
This is a Request for Quotation (RFQ) for professional real estate title services issued by the U.S. Army Corps of Engineers, New Orleans District (USACE MVN). The solicitation seeks to establish one or more five-year Blanket Purchase Agreements (BPAs) with a cumulative purchase limitation of $325,000 per BPA. This is a Small Business Set-Aside procurement using simplified acquisition procedures for commercial items. The Government will issue individual call orders against awarded BPAs for specific title service needs. Products and services required include Title Ownership Data (TOD), Interim Binders (Preliminary Title Policies/Commitments to Insure), Interim Binders with mineral search, Intermediate Certificates of Title with updates or continuations, Intermediate Certificates of Title with mineral search, Title Endorsements, Copies of Supporting Documentation, and Final Title Insurance Policy reimbursement fees. Pricing must be submitted on a unit basis for each title product except Final Title Insurance Policies, which are compensated based on the Louisiana Rate Table. NAICS Code is 541191. All work will comply with U.S. Department of Justice Regulations for Title Review and Approval of Federal Land Acquisitions (2016).
The Performance Work Statement specifies that title services are required for properties located in 33 Louisiana parishes and may involve residential, commercial, industrial, or rural properties requiring research of fee simple title, easement interests, and full or partial takings. Title searches must conform to DOJ standards with a minimum search period of 60 years. Suppliers must either be title insurance companies authorized in Louisiana or non-title company attorneys/agents with written commitments from authorized title insurers. Call order schedules mandate completion within 45 calendar days for Title Insurance Commitments, 20 calendar days for Updated Commitments, 15 calendar days for Endorsements, and 10 calendar days for Final Title Insurance Policies (for ownerships involving no more than 15 parties). All deliverables must be submitted electronically in PDF or Word format for Government review and approval, with specific requirements for chain-of-title documentation, exception identification, curative actions, tax verification, and treatment of adverse possession, deceased owners, partnerships, minors, and mineral interests. Service Contract Act Labor Standards apply with prevailing wages applicable to Louisiana counties as specified.
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| File | Type | Posted |
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| Solicitation Amendment W912P826QA0210001_.pdf | ||
| W912P826QA021 Solicitation Questions.pdf |
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Text version
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
15. DATE OF QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
b. TELEPHONE
AREA CODE
NUMBER
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
8. TO:
b. COMPANYa. NAME
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
c. CITY
d. STATE e. ZIP CODE
7. DELIVERY
FOB DESTINATION
OTHER
(See Schedule)
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY 6. DELIVER BY (Date)
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
Section A - Solicitation/Contract Form
Title ServicesInstrument Name:
Product Service Code : R411
W912P826QA021
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
0001 Title Ownership Data (TOD) Product Service Code: R411 Pricing Arrangement: Firm Fixed Price
1 Job
0002 Interim Binders (Preliminary Title Policies /Commitment to Insure) Product Service Code: R411 Pricing Arrangement: Firm Fixed Price
1 Job
0003 Interim Binders (w/mineral search) Product Service Code: R411 Pricing Arrangement: Firm Fixed Price
1 Job
0004 Intermediate Certificate of Title (Updates or Continuations) Product Service Code: R411 Pricing Arrangement: Firm Fixed Price
1 Job
0005 Intermediate Certificates of Title with Mineral Search (Policy Updates or Continuations) Product Service Code: R411 Pricing Arrangement: Firm Fixed Price
1 Job
0006 Title Endorsements Product Service Code: R411 Pricing Arrangement: Firm Fixed Price
1 Job
0007 Copies of Supporting Documentation (i.e Trusts, Wills, etc.)
Product Service Code: R411 Pricing Arrangement: Firm Fixed Price
1 Job
0008 Final Title Policy Reimbursement Fees {No Bid Required) Product Service Code: R411 Pricing Arrangement: Firm Fixed Price
1 Job
Section C - Description/Specifications/Statement of Work
Requirements Provide professional title services work associated with projects that fulfill Corps of Engineers missions
PERFORMANCE WORK STATEMENT
U.S. ARMY CORPS OF ENGINEERS (USACE)
NEW ORLEANS DISTRICT (MVN)
REAL ESTATE TITLE SERVICES
The scope of work of this blanket purchase agreement is to provide professional title services. The work is associated with projects that fulfill Corps of Engineers missions. Projects will be located in the following parishes in Louisiana:
Acadia
Allen
Ascension
Assumption
Avoyelles
Beauregard
Calcasieu
Cameron
East Baton Rouge
East Feliciana
Evangeline
Iberia
Iberville
Jefferson
Jefferson Davis
Lafayette
Lafourche
Livingston
Orleans
Plaquemines
Pointe Coupee
Rapides
St. Bernard
St. Charles
St. Helena
St. James
St. John the Baptist
St. Landry
St. Martin
St. Mary
St. Tammany
Tangipahoa
Terrebonne
Vermillion
Vernon
Washington
West Baton Rouge
West Feliciana
Properties to be researched include residential, commercial, industrial, and rural (agricultural, woodland, wetland). Legal descriptions are described based upon which section, township and range the property is located. Rarely will legal descriptions include property addresses, lot number, square number or subdivision name. See EXHIBITS A and B for sample legal description and plat map. Properties could be owned by government or private interests. Title researched could be for the acquisition of fee and easement interests as well as full and partial takings depending upon the project needs.
It is the intention of this solicitation to award multiple blanket purchase agreements (BPA). Each BPA will be for one year with options to renew for a maximum of five years. Products will be ordered by individual call orders for each project/order. Products ordered will be Title Insurance Commitments, Updated Title Insurance Commitments and Final Title Insurance Policies. Endorsements to Final Title
Insurance Policies and/or Title Insurance Commitments may be ordered if deemed necessary by the
Government. The BPA will include an option to order these products with a mineral search as well.
Price proposals should be provided on a unit basis for each title product provided, except for final title insurance policies (compensation is based upon the Louisiana Rate Table for Title Insurance Policies issues by the title insurance company). The BPA Purchase Limitation is $325,000 over the five (5) year
Period of Performance.
The following schedule applies to call orders that involve no more than 15 ownerships. The Supplier receiving the call order will be expected to meet the Government’s schedule.
Title Insurance Commitment 45 calendar days
Updated Title Insurance Commitment 20 calendar days
Endorsement 15 calendar days
Final Title Insurance Policy 10 calendar days
All work will be conducted for and at the direction of the U.S. Army Corps of Engineers, New Orleans, which is hereinafter referred to from time to time in this scope of work as “USACE” or “Government,” consisting of the following:
For the purposes of the delivery of a title product under this BPA, an ownership is defined to be all that contiguous project area owned by all of the same parties. Such areas will be deemed to be a contiguous, single ownership even though traversed by servitudes for roads, railroads, pipelines, or other rights-of way, or by non-navigable streams, political subdivisions, etc. Such area will also be deemed to be a single ownership even though acquired through multiple chains of title or if multiple conflicting chains of title exist over the property.
1. An electronic copy duly signed and endorsed (PDF or Microsoft Word format), of each Title Insurance Commitment must be furnished for review and approval by USACE. In addition, the Supplier must furnish an electronic copy duly signed and endorsed (PDF or word format) of any Updated Title Insurance Commitment or Endorsement for review and approval by USACE. In addition, for a Final Title Insurance Policy, the Supplier must furnish an electronic copy (PDF or word) for attorney review. If revisions are requested, Supplier will furnish a revised electronic copy (PDF or word). A duly signed and endorsed electronic copy of the Final Title Insurance Policy will be furnished to USACE once it is reviewed and approved for acceptance. Thereafter, a duly signed and dated original of the Final Title Insurance Policy shall be furnished by the Supplier to the Government. Each title product shall include a reference to the prime Suppliers name, a policy or commitment number as the case may be, the BPA number, the call order number, the project name and the tract number.
2. Orders for individual title products will be issued in writing using ENG Form 1011 (EXHIBIT C). The Supplier shall strictly adhere to the specifications cited herein. Title search will be in accordance with U.
S. Department of Justice Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016). Said Regulations may be found at:
https://www.justice.gov/enrd/page/file/922431/download.
3. The U.S. Department of Justice imposes certain minimum qualifications on Supplier who are not title companies but are attorneys or direct agents of title companies: Each Supplier must submit a written commitment from a title insurance company authorized and qualified to issue such policies in the state where the land is located. The written commitment from the title insurance company as required by this paragraph shall contain a statement of commitment that the title insurance company will issue title insurance products, including but not limited to, title insurance commitments and final title insurance policies, that comply with the requirements of the U. S. Department of Justice Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016) as well as the terms and conditions of this work BPA. If offeror or its sub-supplier is a corporate entity, limited liability company or other juridical entity, then it must be registered with the Louisiana Secretary State and be in good standing.
4. Description/Specifications:
a. General: The Title Insurance Commitment (see attached EXHIBIT D) must include a chain of title for each ownership. The Title Insurance Commitments will also include the period of records search
W912P826QA021
http://www.justice.gov/enrd/page/file/922431/download
(beginning and ending date), current ownership and any outstanding third-party interest, including but not limited to servitudes, leases, mortgages, liens, etc. that may affect ownership. The outstanding third-party interests to be identified in the Title Insurance Commitment will be based upon the estate(s) to be acquired by USACE, which estates will be provided in each call order.
If USACE requires a Title Insurance Commitment with minerals, the Commitment will also include the current ownership of the surface and any outstanding third party interest(s), including but not limited to servitudes, leases, mortgages, liens, mineral servitudes, mineral executive rights, oil, gas and mineral leases and other agreements and rights that are in effect and that may affect ownership, access to and/or use of the surface. Please note that interests that affect use of the surface include current mineral servitudes or leasehold rights and such mineral interests for which terms have expired but which rights are held in effect by production on the land or on acreage pooled therewith. The Supplier is expected to independently research and examine the production information that is available in the public records as well as at the Louisiana Department of Natural Resources, Office of Conservation. The Government is not interested in owners of mineral royalties or overriding royalties. The Government is not interested in mineral interests that have prescribed, expired or otherwise terminated. Mineral interests that have prescribed, expired or otherwise terminated should not be included as special exceptions in the Title Insurance Commitment. The supplier must conduct its own independent research and examination to determine whether any recorded mineral interest has prescribed, expired or otherwise terminated.
THE PERIOD OF SEARCH WILL BE in accordance with the U. S. Department of Justice Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016), paragraph 3.3; except, that, in no instance will the search be less than 60 years unless otherwise stated in the call order.
If an ownership’s property boundaries are located within multiple parishes, the records of the relevant parishes will be researched. In the event that the record search by the Supplier or the communications during negotiation with the interest owner reveals the existence of a document or legal proceeding which impacts the ownership of the interests in the ownership tracts and that document or proceeding is not filed in the records of the parish where the ownership under review is located, the Supplier is required to obtain and review said documents and proceedings and their impact on the ownership tracts. The Supplier will provide certified copies of such documents as must be filed in the records of the parish where the ownership tract is located. Where there is a fiduciary relationship conveyed, including but not limited to a usufructuary interest, curatorship, tutorship or succession representative, the company will affirmatively state whether or not there exists any limitations or incapacity in the authority of the fiduciary to convey the property.
b. Chain-of-Title: For each ownership, the Supplier shall provide a typed chronological descriptive list, which list shall include all title instruments during the period of search depicting the transfer of a fee simple title (other than as security for a debt) including, but not limited to, patents, direct deeds of conveyance, deeds by or to fiduciary representatives, sheriffs, wills or judgments of possession, and/or decrees, judgments or orders of courts of competent jurisdiction purporting to quiet, confirm, or establish title in fee simple. The description of a title instrument will contain the names of all of the grantors and grantees, the effective date and the date of execution of the instrument, the recordation data, including the date of filing, brief description of the affected lands if only a portion of the ownership tract is affected, a description of the interest conveyed and any reservations or exceptions thereto.
Under the terms of this BPA, multiple chains of title may be discovered in a single ownership. Where a single ownership includes multiple chains of title, the chronological descriptive list shall be provided for each chain of title. The existence of multiple chains of title in an ownership shall not be deemed to result in the separation of the single ownership into multiple ownerships.
The Supplier’s approving attorney shall attest, in writing that he/she reviewed the chain-of title and the determination of ownership interests for each tract. The Supplier shall be obligated, upon written request from the Contracting Officer, to provide copies of title instruments, including but not limited to maps, plats and/or surveys, that appear in the chain of title, subject to reimbursement for actual copy expenses which must be verified by appropriate receipt or invoice.
c. Adverse Possession/Acquisitive Prescription: Where the Supplier is furnished or discovers information or evidence of the existence or potential existence of a claim of adverse possession upon the subject tract or in favor of the subject tract, either through the plat furnished for the tract under examination, through a review of the public records or through an affidavit of possession, the Supplier shall provide to the Contracting Officer a copy of any evidence so that a determination can be made by the Contracting Officer as to whether further title examination is needed. The Supplier shall be obligated, upon written request from the Contracting Officer, to provide evidence of title for the lands subject, in whole or in part, to the claim of adverse possession. Such title evidence shall adhere to the same standards and requirements as established herein on tracts for which title evidence has been specifically contracted, and the Supplier shall be compensated in the same manner and extent set forth in the subject BPA for the tract under examination.
d. Deceased Owners: Where a review of the public records by the Supplier discloses that a record owner of a tract under examination is deceased, Supplier shall be obligated to provide the names and addresses of any and all purported heirs whose names and addresses may appear of record. In the case of a succession proceeding opened in the name of the record owner, Supplier shall be required to review the court records, including probate, of such succession proceedings and provide the names and addresses of any and all purported heirs, legatees or other parties, such as usufructuaries, who purport to have an interest in the tract under examination. Supplier shall also provide the name(s) and address(es) of any executor(s) or administrator(s) of the open succession. This requirement is in addition to the above stated requirement that a Supplier affirmatively state whether or not there exists any limitations or incapacities in the authority of a fiduciary to convey the property under examination. If no succession proceeding has been opened, but if the public records disclose that third parties purporting to be heirs of the deceased owner of record have executed documents purporting to convey, dispose or encumber any ownership interest in the subject property, including but not limited to the grant of a lease, timber deed, servitude, ROW, mortgage or similar interest, Supplier shall be obligated to provide, to the extent disclosed by the public records, the names and addresses of all grantors who have executed any such documents. The above requirements of providing names and addresses of potential heirs or claimants to the succession can be satisfied by providing the relevant copies of documents that contain the said names and addresses.
Where a title examination discloses that an owner of record is deceased and that no succession proceeding in the name of such person and involving the subject property has been opened, Supplier shall state that title to such property is vested in the “estate of” the name of the deceased person and shall list names and addresses of the heirs which appear of record, and shall list the failure to open succession as a defect in title to the property.
Supplier will recognize legally sufficient affidavits of heirship as proof of heirship so as to allow heirs to exercise their rights of property ownership in accordance with Louisiana Civil Code Article 938, et seq., including the right to transfer the property. As curative of an exception listing the failure to open succession as a defect in title to the property, Supplier will state in the Title Requirement that it will accept legally sufficient affidavits of heirship as proof of heirship so as to allow heirs to exercise their rights of property ownership in accordance with Louisiana Civil Code Article 938, et seq., including the right to transfer the property.
e. Partnerships and Limited Liability Companies (LLCs): Where the Supplier’s title examination discloses that an ownership interest in the property under examination is held by a partnership or LLC, Supplier shall obtain and review any relevant partnership agreements, articles of partnership or organization, operating agreements and other documents which appear in parish records where the property is located or in the records of the Louisiana Secretary of State. Supplier shall provide the Government with copies of such documents.
f. Minors and Interdicts: Where Supplier’s title examination discloses that an ownership interest in the property under examination is vested in a minor or an interdict, Supplier shall provide the names and address of the tutor, under tutor, co-tutor, the curator, and/or under curator as the case may be, and provide copies of the documents that contain such information. Supplier shall review all courthouse records as required for the title search, including, but not limited to real estate tax rolls, conveyance, mortgage, district court and probate records and shall affirmatively state what limitations or incapacities exist in the authority of the tutors or curators to convey the subject property.
g. Ownership Interest: In each Title Insurance Commitment, Supplier must provide the percentage of ownership interest (to the sixth decimal point) of each owner of every tract, and, if available in the chain of title documents, shall provide the name, marital status, mailing address of each owner of every tract for which a Title Insurance Commitment or an Updated Title Insurance Commitment is provided. For each ownership interest provided, the supplier must specify whether that ownership interest is either a community property interest or a separate property interest.
h. Exceptions: The Title Insurance Commitment for each tract shall list as a special exception only those defects, liens, encumbrances or other matters adversely affecting title that applies specifically to both the portion of the property being acquired and to the interest in the property being acquired. The practice of providing blanket special exceptions (i.e., the listing of all special exceptions or encumbrances which appear of record in the name of a particular landowner, without regard to the applicability of such exceptions or encumbrances to the particular tract of land under examination) will render the Title Insurance Commitment unacceptable. Additionally, the practice of including special exceptions for easements, servitudes and/or rights-of-way to which the estate of the property that is being acquired is “subject to” will likewise render the Title Insurance Commitment unacceptable.
Should the Supplier take exception to the legal status, standing or authority of any trust or juridical entity, such as a corporation, partnership, limited liability company, etc., then Supplier shall identify each by name and shall state with particularity the defect associated with such trust or juridical entity.
The Supplier shall provide copies of all documents creating or related to any identified exception, defect, lien or encumbrance subject to reimbursement for actual copy expenses which must be verified by appropriate receipt or invoice.
i. Curative: Supplier shall provide a list of Title Requirements, that describe the necessary actions and/or documents that will cure each title defect listed as a special exception. Each Requirement must adequately and thoroughly describe the actions and/or documents needed to satisfy the requirement and remove the special exception, cloud, defect, lien or encumbrance from the title.
At such time as USACE orders an Updated Title Insurance Commitment of the title and the curative document has been executed and filed of public record, the Supplier will delete, remove and/or amend the applicable exceptions upon satisfaction of the corresponding requirement. Supplier is required to have open communications with attorneys for the Government, including communications by telephone, facsimile and e-mail, in order to be accessible for discussions regarding title defects, title requirements and curative actions. The time and effort expended for such discussions and communications must be factored into the Supplier's bid price or proposal.
j. Taxes: Supplier shall identify all taxing authorities and verify payment and amount of applicable property taxes and assessments pertaining to the parent tract(s) under examination for a minimum period of three (3) years prior to date of record search and shall make specific statement thereof. Supplier shall include the assessment number and ward number, if applicable
k. Expert Witness: If needed, the Supplier may be asked to provide expert witness services for legal proceedings. The request may be made by the DOJ, local U.S. Attorney's office or the USACE. In such case, compensation for expert witness services will be negotiated with the Agency or Department requesting the services.
l. Title Insurance Commitment or Updated Title Insurance Commitment, if required in the sole discretion of USACE, shall be ordered by the Contracting Officer, in writing, using ENG Form 1011 (Order For Title Evidence), and shall adhere to the specifications detailed herein. Updated Title Insurance Commitments shall also be delivered in accordance with the format stipulated for the Title Insurance Commitment. The period of search for an Updated Title Insurance Commitment shall be from the ending search date of the last Title Insurance Commitment or the last Updated Title Insurance Commitment, as the case may be. (ENG Form 1011, Order For Title Evidence). Supplier will not issue Updated Title Insurance Commitments in the form of individual addendums to the Title Insurance Commitment. An Updated Title Insurance Commitment shall be in the form of a Title Insurance Commitment.
m. Endorsements: Endorsements, if required, shall be ordered by the Contracting Officer, in writing, using ENG Form 1011 (Order For Title Evidence), in accordance with specifications herein.
Endorsements shall also be delivered in accordance with the format stipulated for the Title Insurance Commitment. Supplier will not issue endorsements in the form of individual addendums to the Title Insurance Commitment. An Endorsement shall be in the form of a Title Insurance Commitment.
No endorsement shall be required where USACE requests the Supplier to substitute a revised and/or corrected plat map and/or tract legal description(s) to Title Insurance Commitment or Updated Title Insurance Commitment where said request for substitution is made prior to acceptance and approval of the Title Insurance Commitment or Updated Title Insurance Commitment by USACE and where no additional land acreage is added to the revised plat map and/or tract legal description(s). The substitution of the revised and/or corrected plat map and/or legal description(s) to a Title Insurance Commitment or Updated Title Insurance Commitment, as described in this paragraph, shall be without cost to the Government.
n. Final Title Insurance Policies: At such time as the tract values of the properties involved have been established and conveyances are completed, Title Guarantee (Insurance) Policy shall be ordered by the Contracting Officer, (see EXHIBIT E, American Land Title Association U.S. Policy –9/28/91, Revised 12-03-12. If for any reason an interest in land is not acquired, a Final Title Insurance Policy may not be ordered.
Where a Title Insurance Commitment is procured listing therein the name of the United States of America as insured applicant in a Final Title Insurance Policy but where acquisition of the subject property tract(s) occurs in the name of a state or local governing or governmental authority, then the Final Title Insurance Policy if requested or ordered, shall be in the form of the American Land Title Association Owner’s Policy of Title Insurance, adopted 6-17-06. In this case, the name of the insured on the ALTA Owner’s Policy of Title Insurance shall be the state or local governing or governmental authority listed as “Vendee” in the acquisition deed or easement/servitude agreement for the subject property.
Final Title Insurance Policy for condemnation shall be in accordance with U. S. Department of Justice Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016), paragraph 9.5.
o. Copies: No bid is to be submitted for this item. Suppliers will be reimbursed the actual cost of certified copies and non-certified copies that have been purchased from the public records office whenever said copies are furnished to the Government in compliance with the terms set forth herein.
The Supplier will submit invoice/receipt from courthouse or public office where said copies were obtained. Suppliers will not be reimbursed for in-house office copies or fees associated with online records search; costs for these incidental expenses must be factored into the Supplier's bid price or proposal.
CAUTION TO SUPPLIERS:
FAILURE TO COMPLY WITH THE TERMS CONTAINED HEREIN
WILL CAUSE THE TITLE PRODUCT TO BE RETURNED TO
SUPPLIER FOR COMPLIANCE WITH BPA.
All work products will be reviewed by Government attorneys. Suppliers will be required to comply with the specifications described herein. Work products that do not meet these specifications will be returned to the supplier for correction. Work products found not to be technically accurate will be returned to the supplier to be revised at no cost to the Government.
Title Insurance Commitment and Title Guarantee (Insurance) Policy specified herein is to be used;
however, title forms approved by DOJ prior to this BPA may be used providing proof of approval by DOJ is furnished. Failure to furnish DOJ approval on substituted forms will constitute forms unacceptable.
Strict adherence must be paid to the U. S. Department of Justice Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016).
LISTING OF EXHIBITS
EXHIBIT A - Sample Tract Plat Map
EXHIBIT B - Sample Legal Description
EXHIBIT C - ENG Form 1011 (Order For Title Evidence)
EXHIBIT D - Title Insurance Commitment
EXHIBIT E - Sample ALTA US Policy - Revised 12-03-12
EXHIBIT A - Sample Tract Plat Map
EXHIBIT B - Sample Legal Description
EXHIBIT D - Title Insurance Commitment
DEPARTMENT OF THE ARMY
Title Insurance Commitment for Title Guarantee (Insurance) Policy
INSURER’S NAME
AGENT’S ADDRESS
BPA #:
Call Order #:
Project Name:
Tract #:
Application #:
THE UNITED STATES OF AMERICA:
In connection with the above numbered application for a title (guarantee) (insurance) policy this Corporation having caused the title searches to the property hereinafter described to be made and completed , reports that it will issue a policy of title insurance to the UNITED STATES OF AMERICA, in the form approved by the Department of justice, ALTA U.S. Policy – 9/28/91, revised 12/03/12, (guaranteeing) (insuring) the assured against loss or damage, not exceeding the amount set for the in our policy, which the assured may sustain by reason of defects in the title of
To the hereinafter described land, on the said date, subject to the following:
1. Rights or claims of parties in possession not shown of record,
2. Questions of survey,
3. Mechanics liens where no notice thereof appears of record,
4. Specials assessments and special taxes of record as follows:
5. Defects, liens, or encumbrances created subsequent to issue hereof,
6. Current and delinquent taxes, as follows:
7. Defects, liens, encumbrances and other matters adversely affecting the title as follows:
Description of land:
This report is made in connection with the above numbered application for Title Guarantee (Insurance) policy in the sum of ($ ).
2. CONTI UATION OF INSURANCE AFTeR CONVEYANCE OF TITLE.
The coV11f� of hi& policy sholl con n1.1e 111 ro,cc -, of Date of Po,cy In favor of an insured only !10 long oa 1he Insured retains en este1e or merest in the land, or hold; an indcblednc$s oev.od try .'II pu-ehase money mortgage g,,ven by a purcha!ler from the lnsised, or only so long as Iha inM.nd shall have liabiliy by rcuon of cov.nant:s of wamtnly m.'llde by the Insured In any trensf« or OCW1Veyence of the er.uue or 1nterut Th1r. policy shell oot contu,ue in force in favor of any purt:h;is• rrom the mured ol e U'ler (I) an e:slate or interest in the land, ex (Ii) an indeb1ednesr; &eCUrvd by a pulChoso money mor� glYen 10 the Insured.
3. NOTICE OF CLAJM TO BE GIVl:N BY INSURED CLAIMANT.
The mured sh n nohty the Company pr<>fT1)tly In wnting (1) In case of arry utigatlon as set forth in SGciion 4(a) below, (ii} ., c:.,se knowledge Sl'lell come 10 en In.sured hereundef of any ca.m of �1le or in ere� which is adver&e 1o the • la lo the mat. or int.est, In ured and wtltch might aw�e loss or damage fat wt11ch the Company may be liable by virtue of tJ1i5 porcy. or (iii) if tillc 10 Uio es Le 01' We<esl. 3 ,ns.ured Is � ted s unmork�ble If prompt nolice sl\!d not be 91ven to the Company, tMen as to lhO insured II of the Canpany shall tcnninate with reg(m;l Lo the llllllter or malters for whlcti prompt nO(ice ir. requrecf. proV1C!ed, however, that failure to notify lhe Compa.'ly shall in no case prejudloe the r,ghls of ,ny ln!lA'ed under this policy unless tne Company shell be pre;udx:ed t:,y tho fi!IA.cre and then only IO the e1ttent of the P"f!iudiee
4. DEA;HSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE.
(a} Upon WNten request by the insured and �ect to the opCions �med sec.Jon 6 of thes.e Conditions and S1Jpulahon he CofllllSl"IY, et 1ta °'"" CO!lt and v11thout unreasonable delay. shall provido fat the defense of an mured In ibg tlon n which 11ny third paf1V asserts a claim edveMie to 1he bde 01 Interest as mured. blJ1 only as to those stated causos of action ,ng • det.et, i.n or encumtwance « Olher matter tnSured ega.nst tr/ U'lls policy. The Cor11)any shall have the rghl k> selccl counsel of its d'IOoCe (sulljec:t lo ltlo tghl ot the Insured to object fc, reasonable cause) to reproYnt the insurod lo those s1l'l,ed c.,ug,es of ;,ci,on aod sh nee be l�ble lo, and v,111 not pay the fees of err, other counsel. The Company w, nae pay any lees com or oxpcmsos. inc:vrred by the lnS\I� ,n the de'ense or thOE.e ceut:e!I of acbon l\hlCh atege matters not msureo by this policy
◄b) The Cofll)allY r.nall have the right. at its own 00,t, 1o 11st. ut• •nd prooecu•e any action or proceeding ex to do any other act whtch in it& opnon may be NICels.Jry or desirable to cs�h th 1.-1e lo the estote or ,nterut as insured or o prevent or reduoe lor;s or damage to the mured lhe C0fl1)a"Y may lako any ,111proprio1L• .ct10n under lhe tenns of U'lls policy wtie;har or not rt shall be liable hereunder, end shaU not thereby concede birty °' wai� any l)tOIIISiOn ot this policy ft Company shell exercise rts ngh1s under thl3 paragraph. shell do so ctr9C111ly
(c} Whenever the Comp:,ny shall have brought an ecbon or interpoeed a defenr;e as required or permrt:ed by the provt:5lons of his policy. the Co� may pooiue MY lgot;o.l\ Lo nn I d terminsuon by a court of co�tent furisdle11on and el!pre5'1y te!lerve!I the right, ,n rts sole discretion, 1o appeal from any advef'se Judgment or order
(11) In �, r.ll!lf!!! wtlefe this pol/ley pemvts or requses the Co!Tl)arry to Jl(Osccuto or proyldo for tho defense or 9/lY acalon or prooeeding the 11sured shall wcure to th• Company the ngh1 to so proseo,te 0t ptO\llde d�cnse the acclon or proceeding, end ell appeals It! en, and permi1 ll'lo Cofl1)any o ui;e at its option tho name ol lho WI urcd ro, this purpose. l,\tlenever requested by the Cofll)allly the insured, at the Company's expense, shall gi\•e 1he Co�ny II te&son;itlle eld (I) in any action or proceedJll9, 98CUlng al/ldence ob:a,nlng witness.es, �in!iJ or dgf«drlg the action or proceeding or ett Ing settlemena and (11) In any other lawful
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative.
1991-12
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
DFARS Clauses Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.232-7006 Wide Area WorkFlow Payment Instructions.
2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ____ Issue By DoDAAC ____ Admin DoDAAC ____ Inspect By DoDAAC ____
Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)
2026-02
52.204-19 Incorporation by Reference of Representations and Certifications.
2014-12
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)
2026-02
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(Deviation 2026-O0038)
2026-02
52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02
52.213-4 Terms and Conditions-Simplified Acquisitions (Noncommercial).
(Deviation 2026-O0038)
2026-02
52.217-2 Cancellation Under Multi-year Contracts.
1997-10
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02
52.222-3 Convict Labor. (Deviation 2026- O0038)
2026-02
52.222-35 Equal Opportunity for Veterans.
(Deviation 2026-O0038)
2026-02
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)
2026-02
52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)
2026-02
52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)
2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)
2026-02
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)
2026-02
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0038)
2026-04
52.223-23 Sustainable Products. (Deviation 2026-O0038)
2026-02
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
52.229-12 Tax on Certain Foreign Procurements.
2021-02
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03
52.233-3 Protest after Award. (Deviation 2026-O0038)
2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)
2026-02
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)
2026-02
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
2022-12
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01
252.225-7012 Preference for Certain Domestic Commodities.
2022-04
252.225-7048 Export-Controlled Items. 2013-06
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06
252.232-7010 Levies on Contract Payments. 2006-12
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
2023-01
252.247-7023 Transportation of Supplies by Sea.
2024-10
FAR Clauses Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.222-42 Statement of Equivalent Rates for Federal Hires.
2014-05
Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.
5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
(End of clause)
52.252-2 Clauses Incorporated by Reference.
1998-02
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
____ ____ ____[Insert one or more Internet addresses]
(End of clause)
Section K - Representations, Certification, & Other Statements
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)
2026-02
DFARS Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-
2023-06
Representation.
FAR Provisions Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.
2020-06
Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)
(a) Definitions. As used in this provision-
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It [ ] is [ ] is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror must select one] from the excise tax.
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR
52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of provision)
DFARS Provisions Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
2021-05
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."
(a) Definitions. "Covered defense…
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