W912PL-17-Q-0007.pdf

SEE ADDENDUM

(No Collect Calls)

W912PL17Q0007 09-Sep-2017

b. TELEPHONE NUMBER

(213) 452-3234

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 18 Sep 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912PL9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANTOINETTE C ALLEN F

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, LOS ANGELES DISTRICT

CONTRACTING DIVISION

915 WILSHIRE BLVD, SUITE 930

LOS ANGELES CA 90017

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

213-452-4187FAX:

TEL: 213-452-3242 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11M

NAICS:

541191

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF102

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PBWS

PERFORMANCE BASED WORK STATEMENT (PBWS)

DESCRIPTION/SPECIFICATIONS

FOR DELIVERY OF ESCROW SERVICES, TITLE EVIDENCE, TITLE SERVICES, AND

RECORDATION SERVICES

PART 1 - GENERAL

1. General: This is a non-personnel services contract to provide escrow services, title evidence, title services, and recordation services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform The contractor shall perform to the standards in this contract deliverance of Owner's Guarantee (Insurance) Policies or Certificates of Title and Continuations. Services may cover South Pacific Division (SPD) land acquisition actions for Programmatic Title, Escrow and Survey Activities for various land acquisitions projects in support of the Army Reserve Components within the Area of Responsibility (AOR) of USACE, Los Angeles District (SPL) which include the states of Arizona.

1.2 Background: Provide necessary services to acquire land in the best interest of the United States to ensure Owner's Guarantee (Insurance) Title Insurance Commitment, Title Insurance Policy/Policies or Certificates of Title to cover the South Pacific Division (SPD), within the area of responsibility of USACE, Los Angeles District (SPL).

1.3 Objectives: Basic service objective includes

a. Provide and perform escrow services including notification services

b. Provide new certificate of title or title insurance commitment

c. Provide continuous updates of certificate of title or title insurance commitment as needed

d. Provide ALTA U.S. Policy 9/28/91 (revised 12/03/12)

e. Provide endorsement or interim binder on ALTA U.S. Policy under item “D” above

f. Provide updates of old abstract of title or preliminary title report

g. Provide updates of updates of abstract of title or preliminary title report

f. Provide recordation services of escrow

1.4 Scope: The work to be done under these specifications consists of furnishing and delivering Owner's Guarantee (Insurance) Title Insurance Commitment, Title Insurance Policy/Policies or Certificates of Title. Services may cover South Pacific Division (SPD) land acquisition actions for Programmatic Title, Escrow and Survey Activities for various land acquisitions projects in support of the Army Reserve Components within the Area of Responsibility (AOR) of USACE, Los Angeles District (SPL) which include the states of Arizona.

1.5 Period of Performance: 2 years after Notice of Award.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall submit by email or via regular mail the Quality Control Proposal (QCP) within 30 days after award with three evaluation factors, technical experience, technical competence and past performance. A written comprehensive written (QCP) shall be submitted to the Contracting Officer and Contractor Officer Representative within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the (QCP) system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The Contractor is not required to perform services on the Holidays listed below:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 09:00 a.m. to 17:30 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Contractor Facility.

1.6.6 Type of Contract: The government will award a firm-fixed price commercial purchase order.

1.6.7 Special Security Requirement: (See AT/OPSEC Requirements)

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

AT/OPSEC REQUIREMENTS:

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand-alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF- 85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Los Angeles District, ATTN: Security Officer CPT Reginald Seabrook, 915 Wilshire Blvd, Ste. 1100, Los Angeles, California 90017 (213)-452-3669 within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Los Angeles District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Los Angeles District Security Office will process the investigation in coordination with the Contractor and contract employees.

B. ACCESS CONTROL:

Visitors, contractors and vendors 18 years and older, entering Department of Defense Installation or USACE facilities or assets, who do not have a DoD identification card, will be subject to a background check before being allowed entry to the Department of Defense Installation USACE facility or asset. Those who present a common access card (CAC card), Military ID, Military Dependent ID, Gold Star ID, or other valid DoD credential won't be affected.

C. CONTRACTORS\VENDORS ACCESS:

The District Security Office uses a secure web-based system for the completion of screening checks (http://www.redtailsecurity.com/corp/usace). Contractors may log into this secure system from their office and compete the upload of information to complete the screening process. If the contractor would like to physically come into the District Security Office to complete the process, they may do so by making an appointment with the USACE POC (section 11). The contractor will be logging into the same secure system, they would only be performing this action from the District Office (which will be the same upload process).

If the contractor needs to be issued a Department of Defense Installation access badge or ID pass, the contractor needs to complete the secure screening and complete the Installation access badge process with the District Security Office. This process can take 72 – 96 hours after submission of information. Once the contractor is cleared, the information is sent over to the Installation of issuance of a Badge or ID. The Installation process can up to 24 – 72 (excluding Saturday, Sunday and Federal Holidays) after submission by the District Security Office to the Installation.

If the contractor needs to be cleared for a Civil Works or an Off-Installation site or project, the contractor would complete the secure screening and the District process can take up to 72 – 96 hours (excluding Saturday, Sunday and Federal Holidays) to complete the process and validate the contractors employees for work on the Civil Work site and or project.

If a contractor requires a Common Access Card (CAC). That information must appear in the contractor’s contract under ‘Security Requirements.” The District Security Office will work with that contractor’s POC directly for the completion of the CAC process. Once the contractor submits the required information, the District process can take up to 72 – 96 hours (excluding Saturday, Sunday and Federal Holidays) before completing the CAC approval process. Once the CAC is approved, the contractor may pick up the CAC at any approved RAPIDS location.

D. VISITORS ACCESS:

Visitors, contractors and vendors 18 years and older, entering Department of Defense Installation or USACE facilities or assets, who do not have a DoD identification card, will be subject to a background check before being allowed entry to the Department of Defense Installation or USACE facility or asset. Those who present a common access card (CAC card), Military ID, Military Dependent ID, Gold Star ID, or other valid DoD credential won't be affected. This is to ensure that USACE is in compliance with Homeland Security Presidential Directive 12, which requires that 100 percent of visitors be vetted prior to entering the Department of Defense Installation or USACE facility or asset. While this is a DoD-wide initiative, we are doing all we can to streamline the process for accessing Department of Defense Installation or USACE facility or asset to ensure the safety and security of our employees and stakeholders.

The list of states/territories whose driver's licenses and identification cards are not compliant with the Real ID Act of 2005 include: Maine, Montana, Minnesota, Missouri, and Washington. Unless those States are granted extensions visitors to Department of Defense Installation or USACE with driver's licenses and identification cards from those states/territories will be required to provide a supplemental form of identification to receive a visitor or long term pass to enter the Department of Defense Installation or USACE facility or asset. Attached is a list of acceptable supplemental forms of identification, which is also on Los Angeles District home page "HSPD-12 Information." The following states/territories are compliant with the REAL ID Act: Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, DC, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Maryland, Mississippi, Nebraska, Nevada, New Mexico, Ohio, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin, and Wyoming.

E. HERE ARE THE BELOW FACTORS THAT WOULD CONSTITUTE AN ACCESS

DENIAL:

1. The NCIC III contains criminal arrest information about the individual that causes the Installation Commander and/or USACE to determine that individual presents a potential threat to the good order, discipline, or health and safety on the installation.

2. The installation is unable to verify the individual's claimed identity based on the reasonable belief that the individual has submitted fraudulent information concerning his or her identity in the attempt to gain access.

3. The individual has a current arrest warrant in NCIC, regardless of the offense or violation.

4. The individual is currently barred from entry or access to a federal installation of facility.

5. The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography trafficking in humans, drug possession with the intent to sell or drug distribution.

6. The individual has a US conviction for espionage, sabotage, treason, terrorism or murder.

7. The individual is a registered sex offender.

8. The individual has a felony conviction within the past 20 years, regardless of the offense or violation.

9. The individual has been convicted of a felony firearms or explosives violation.

10. The individual has engaged in acts or activities designed to overthrow the U.S.

Government by force.

11. The individual is identified in the Terrorist Screening Database (TSDB) as known to be or suspected of being a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity.

F. Standard Contract Provisions and Clauses

AT Level I Training:

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Access and General Protection/Security Policy and Procedures:

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say something):

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

Pre-screen candidates using E-Verify Program:

The Contractor must pre-screen Candidates using the E-verify Program

(http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award."

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative.

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

POINTS OF CONTACT FOR QUESTIONS:

USACE Los Angeles District 915 Wilshire Blvd.

Los Angeles, CA 90017 CPT Reginald K. Seabrook (USAR) Military Police Corps

Chief of Security & Law Enforcement reginald.k.seabrook@usace.army.mil 213-452-3969 - Office 213-283-2220 - Law Enforcement Operations Center (LEOC) - West 213-507-9209 – Mobile http://www.spl.usace.army.mil/

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.9 Contracting Officer Representative (COR): The (COR) will be identified by separate letter.

The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel: The follow personnel are considered key personnel by the government:

Title Officer and Escrow Manager, The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 9: am to 17:30 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: The contractor shall be experienced, financially responsible and reputable.

1.6.11 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.12 Contractor Travel: N/A

1.6.13 Other Direct Costs: N/A

1.6.14 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI. The contractor must not have any interest in the lands to be acquired by the United States government under this contract and must not be related to the vendors under this contract.

PART 2 - DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AOR Area of Responsibility AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CMR Contract Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SPD South Pacific Division TE Technical Exhibit

PART 3 - GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES: N/A

3.1. Services N/A

3.2 Facilities N/A

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Materials: N/A

PART 4 -CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: N/A

4.3. Materials: The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.4. Equipment: The Contractor shall equipment necessary to meet the requirements under this

PWS.

PART 5 -SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services for the work to be done under these specifications consists of furnishing and delivering Owner's Guarantee (Insurance) Title Insurance Commitment, Title Insurance Policy/Policies or Certificates of Title. The Title Commitment should name the United States of America as the proposed insured. Preliminary Title Reports, Continuations/Updates thereof in the form of preliminary, interim or final policies, certificates of title, interim binders, or endorsements, as appropriate, and providing full title and escrow services in accordance with Paragraph 1.4 to include the following:

Opening of escrow, disbursement of payment to include proration of taxes. Prior to or at the time of the acquisition of fee simple interests in real property, all tax and other assessments that have attached as liens against title must be paid. When such taxes or other assessments are liens on property at the time of acquisition by the United States, but not yet payable, adequate funds must be withheld to permit payment when due recording of documents and appropriate closing services, as set forth on the Exhibit A or Schedule to which these specifications are attached for land described in Exhibit A-1. Except where certificates are clearly referred to separately, all references hereinafter to "Policies, Preliminary Title Report, Continuations and Updates" shall apply to the forms of title evidence specified by said Exhibit A or Schedule for land described in Exhibit A-1. Without regard, however, to the attached schedule, the preference for insuring documents are ALTA Exhibit A-4, U.S. Policy 9-28-91 (Revised 12-3-12), prompt notice requirement appears in section 3 of the and Preliminary Policies (or Certificates only where this is the prevailing local practice). The Government will not accept delivery of certificates except where the Contractor does not issue policies for any lands located in the state wherein the property to be insured lies.

The Title & Escrow Company/Vendor/Contractor must be licensed and bonded in the States of Arizona.

5.2. NOTIFICATION OF WORK TO BE DONE. The service order items for the opening of escrow, Title Commitment, Preliminary Title Report, Supplemental/Updated Title Reports, pro forma of the Title Policy, Title Insurance Policy, Litigation Guarantee(s) and Recording of Documents in the local land records shall be in accordance with the specifications in this contract Scope of Work and the Department of Justice Federal procedures and requirements for closing land acquisition transactions. The Contractor shall in all instances adhere to the Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016). These items will be listed on the “Exhibit A” or Schedule for the land described in Exhibit A-1.

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

5.4. OWNERSHIP.

(a) One Preliminary Title Report and One Insurance Policy will be furnished for each contiguous area of land in identical ownership. Land will be deemed contiguous even though portions thereof are separated by roads, railroad rights-of-way, streams, etc. If there has been a severance of the surface and the subsurface of the land, determination of what constitutes a tract will be based on ownership of the surface. Unless otherwise specified in the purchase order, the Preliminary Policy shall cover the entire ownership of the tract and if certain estates or subsurface interests are vested in others than the owner or owners of the surface, the Preliminary Policy shall cover all such outstanding estates or interests. The Preliminary Policy shall furnish pertinent information such as parties, dates and recordation data regarding mineral severance deeds and the deeds under which the present owner or owners of the minerals acquired title thereto. The Preliminary Policy shall include complete copies of all schedule B exceptions and vesting documents. Hyperlinks to the schedule B exceptions and vesting documents is preferred.

(b) Where there has been a severance of the surface and subsurface of the land, it is contemplated that there may be multiple acquisitions pertaining to the same tract of land. In the event the contractor has furnished a Final Policy covering acquisition of the surface owner's interest in the land, the Contracting Officer reserves the right to order Intermediate Policies and Final Policies covering the acquisition of the outstanding water rights or minerals underlying the same tract. The Contractor shall receive partial payment for such Intermediate and Final Policies as appropriate.

5.5 REMUNERATION.

(a) Partial Payments are authorized and shall be made for Escrow Services, Preliminaries, Intermediates, and Final Policies, other title services, and recordation services ordered and delivered.

(b) Invoices setting forth tract numbers and names of vendors will be submitted in quadruplicate for Escrow Services, Preliminaries, Intermediates, Updates and Final Policies upon delivery thereof. The invoices must specify when the charges are for Escrow Services, Preliminary, Intermediate and/or Updated Title Reports, Recording of Documents and will itemize, as a separate item, the cost of Title Insurance and Litigation Guarantee, which charge shall not include any amount for search fees or the like, but be limited solely to the Title Insurance and/or Litigation Guarantee premiums. Payment for title insurance shall be made along with payment for the Final Title Policy showing title to be vested in the United States of America and acquired by the United States. The contractor shall assume and pay all charges of the company issuing the policies to be furnished under this contract. If court judgments result in the need for endorsements to the Title Policy to increase the limits of liability, payment in such cases will be limited to the fee for the endorsement and the units of title insurance in excess of the units covered by the previously issued Title Policy or endorsement.

(c) The contractor shall review any and all additional curative actions submitted by the Government, discuss any proposed curative actions with Corps legal staff, and will delete, remove and/or amend exceptions in compliance with law. The contractor will have open communications with the Corps legal staff, including communications by phone, facsimile and electronic mail, with a view toward curing title deficiencies. Any time or costs associated with such discussions will not be billed separately, but instead is factored in the contract price for the title evidence items specified herein.

PART 2 - EXECUTION

5.6. The Contractor represents and it is a condition of any obligation of the Government hereunder, that the corporation which is to provide escrow services and issue title policies hereunder, is authorized and qualified in the State where the land is located.

5.7. The Contractor shall adhere to the Department of Justice Federal procedures and requirements for closing land acquisition transactions. The Contractor shall in all instances adhere to the Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016) or any successor thereto as may be in existence at the time of delivery. The standards can currently be found at https://www.justice.gov/enrd/page/file/922431/download.

5.8. The Preliminary, Supplemental/Updated Title Reports and Insurance Policies to be furnished shall be based on a thorough search and examination of the public records affecting the title to the land, and shall contain the legal description of the property as furnished by the Government. The Contractor shall correct or revise the source or derivation of title of the present owner or owners, contained in such description, if necessary, or otherwise furnish an appropriate derivation of title as required by law or local practice. The policy shall be unqualified as to the period of search, shall contain the legal description of the property as furnished by the government, and shall be immediately followed by a reference to the source of title of the present owner. The Preliminary Title Reports, Continuations, Updated Prelim, Insurance Policy shall be issued only on the most recent forms approved by the Attorney General of the United States and the American Land Title Association for acquisitions by the United States. (The following information, though correct at the time this specification was written, is provided for the contractor's information only, and is not guaranteed: American Land Title Association (ALTA) U.S. Policy - 9/28/91 (Revised 12/03/12) form is the ONLY currently approved policy form, a sample is attached at Exhibit A-3. ALTA U.S. Policy - 1963 is not approved for use after March 30, 1995). Delivery of policies on forms other than those so approved will be considered a nonconforming delivery. Delivery of certificates shall be considered a nonconforming delivery in any state where the insurer issues policies to any client, or if the certificate is not the most recent approved form for acquisitions by the United States.

Some or all of the lands to be insured may be acquired in the name of an entity other than the United States of America. If so, the entity will be a sponsor of the project as contemplated by the Water Resources Development Act of 1986. If requested by the Government, the Preliminary Policy shall offer to insure the United States of America or the local sponsor. If title to the lands is taken in the name of the local sponsor, then the Final Title Policy or certificate shall be issued on the title company'spolicy or certificate then in use for non-federal acquisitions, notwithstanding that the preliminary policy or certificate was issued on the federal form. Please see, Exhibit A-2, Title Insurance Requirements and Instructions.

In addition, Title Policies for tracts acquired by condemnation proceedings shall include information regarding the United States' immediate predecessor in the title, in language similar to the following:

"Title to the estate or interest covered by this Title Policy at the date hereof is vested in the United States of America by virtue of a Declaration of Taking, as evidenced by Lis Pendens Notice or [or Judgment on Declaration of Taking], dated _______________, recorded in _____________ Book _________, page _________ of the records of ____________, _________ . Prior to the Declaration of Taking, title was vested in ____________."

5.9. The Title Policy will disclose the name or names of the record owner or owners of the property described therein. Where subsurface estates or interests in the property to be acquired are owned by persons, corporations, or other legal entities, other than the owners of the surface estate, the present record owners of each such outstanding estate or interest and all pertinent data relating thereto shall be shown in the Title Policy unless otherwise specified in the order.

5.10. Title policies shall be executed and submitted in quadruplicate and shall contain in Schedule B thereof the names and addresses, as disclosed by the public records, of all persons or entities having any liens on or rights or interests in the property described therein, in order that they may be joined as parties defendant in a condemnation proceeding if one is necessary.

5.11. The Title Policy shall contain sufficient information concerning defects, liens, encumbrances, and other matters accepted, to enable an attorney examining the policy to determine the nature and extent of such exceptions and their probable effect on the validity of the title to the land described. It shall also state or be accompanied by a report specifying the evidence or action, if any, which will be acceptable to the corporation issuing the policy, as a basis for the issuance of a Continuation/update deleting each such defect, lien, encumbrance, and other matter from the Title Policy.

5.12. Each policy shall contain a detailed statement of any taxes and special assessments of record which are a lien on the property described. Such statement will include, at a minimum, the current assessment information, including name of taxpayer, district (if applicable) assessment, and dollar amount. The statement will also either clearly itemize all delinquent taxes or affirmatively state that there are no delinquent taxes.

5.13. 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 references to the statutes pursuant to which such special improvement district was organized, its taxes and assessments levied and its bonds issued and any other facts necessary to enable an attorney examining the policy to determine the nature and extent of the lien, if any, created by such taxes, assessments, or bonds, on the land described therein.

5.14. If the policy shows title in a record owner who is deceased, it shall also state therein, or be accompanied by a statement indicating whether a judicial proceeding, affidavits of heirship, or some other form of proof will be acceptable to the title company as the basis for the issuance of a 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.

5.15. If the policy shows record title in a state, county municipality, or other subdivision of the state, or in a corporation, or a church or other religious, educational, or charitable institution or organization, or in a person or persons acting in a fiduciary or similar capacity, without authority to convey the property in the absence of specific authorization, the policy shall disclose the incapacity of or limitation on the authority to convey the property and shall specify what action, if any, is necessary before a valid conveyance of the property may be made to the United States and what proof thereof will be required by the title company before issuing a Title Policy showing valid title to the property in the United States.

5.16. Policies containing any exception or objection with respect to rights or possible rights under the provisions of Section 13 of the Selective Training and Service Act of 1940 (50 USC App. 313), or the Soldiers and Sailors Civil Relief Act of 1940, as amended (50 USC App. 501-

509) must:

a. Contain the name of each person having such rights, and the address of any such person, if known.

b. Contain or be accompanied by a statement of the company issuing the policy showing the nature and extent of the interest in the land of each such person, and

c. If any such person has an actual interest in the land, contain or be accompanied by a transcript of the proceeding giving rise to such rights and disclose the action, if any, taken in the proceeding to comply with the requirements of said Acts.

5.17. Each Policy and Continuation/update shall be executed in quadruplicate by a duly authorized officer of the issuing corporation, shall bear the corporate seal of such corporation, and shall be countersigned by the proper officer of the corporation, where necessary. The Title Policies, as amended by the final Continuation/update thereof, 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 before closing of the acquisition, nor shall such amended policies contain any exception with respect to any matter affecting the title as of the date of the original Policy, or its continuation/updates, which was not disclosed in the original Policy, or its continuation/updates. The Contractor also agrees, if requested by the Contracting Officer, to pass upon the proposed deed of the property to the United States or the local sponsor and the sufficiency of the deed to vest in it valid title to the property described in Schedule "A" of the Interim Binder or Title Policy. For these purposes the Contractor shall designate a local representative authorized by it to pass upon the form and sufficiency of the curative material, to waive objections, in the Interim Binder or Title Policy and approve the proposed deed to the United States. The Contractor shall, if so requested, have its representative present at the closing of the purchase transaction to determine the current status of the affected titles.

5.18. The Contractor agrees to report changes in ownership and/or to eliminate or cause to be eliminated from the Title Policy by intermediate Continuations/updates thereof, objections disclosed in the Title Policies issued hereunder when ownership changes occur and when curative material obtained by representatives of the United States or others is acceptable to the title company issuing the Title Policies hereunder.

5.19. "Continuation/update" is defined as a printed or typed amendment to the Title Policy previously issued by the title company, which extends the effective date of the original policy, and executed in the same manner as the original Title Policy, and may be either an intermediate or final Continuation/update. The intermediate Continuation/update shall reflect the condition of title subsequent to the date of the original Title Policy and prior to the date of closing of the acquisition; the final Continuation/update shall reflect the vesting of title in the United States.

The Continuations/updates shall be issued only upon written order of the Contracting Officer or duly authorized representative. Endorsements which merely delete exceptions from the original policy due to presentation to the title company or the contractor of satisfactory curative matter and which do not require any search of courthouse records are not continuations/updates within the meaning of this contract.

5.20. If the corporation which is to issue Title Policies hereunder customarily insures marketability of title in the locality where the land is situated, the Policies to be issued hereunder shall not contain the paragraph headed "Refusal to Purchase" under "General Exceptions" of the aforesaid approved Title Policy, but shall insure the marketability of the title.

5.21. The Contractor shall provide title, escrow, and closing services to include the following:

a. Take action necessary to record satisfaction and release of liens of taxes and assessments prior to transfer of title to the United States. If the United States pays for any taxes, assessments, and encumbrances which are a lien against the land, the amount of any such payments by the United States shall be…