ABSTRACT AND TITLE SERVICES - NORTH DAKOTA EASEMENT PROGRAMS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation Subpart 12.6, as supplemented with additional information in this notice. This announcement constitutes the only solicitation; proposals are being requested. Solicitation AG-6633-S-13-0006 is issued as a request for proposals (RFP's). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-27. The United States Department of Agriculture, Natural Resources Conservation Service (NRCS), North Dakota State Office intends to award multiple Blanket Purchase Agreements (BPA's) to small business sources capable of providing abstract, title commitment and filing services for conservation easements. A BPA is a method of filling anticipated repetitive needs. It is not a contract. The Government is not obligated to place any call orders nor is the vendor obligated to accept any orders. For each work assignment, the Government will request title services through the issuance of a BPA call order from those firms that have been awarded BPA's. Individual call orders shall be submitted in accordance with the terms agreed to in the BPA. Government personnel authorized to place call orders under the BPA will be identified on the BPA by name and telephone number. The contractor will be expected to furnish the service in accordance with the terms and conditions of the BPA, without the need for additional paperwork beyond the Statement of Work that accompanies the order. Updating and/or developing abstracts, issuing title commitment and filing of easement documents will be for conservation easements located throughout the State of North Dakota. The contractor shall furnish all services, including obtaining title insurance from a title company approved by the U.S. Attorney General. The contractor will perform the same services as a commercial transaction, including updating of existing abstracts, creating abstracts (as deemed necessary), preparing preliminary and final title commitments, obtaining deeds and completion of any necessary curative instruments to assure merchantable title to the conservation easement. The Statement of Work is attached to this solicitation. Timely delivery of complete and accurate abstract and title commitments is crucial to the success of NRCS programs. Call order completion dates will vary depending on the phase of services provided. Obtaining abstracts from landowners may take additional time which in turn will affect completion of the updates and issuance of the preliminary title policy. Photocopies requested by NRCS based on title policy exceptions shall be provided to NRCS within 7 calendar days of NRCS request. Timeframes may fluctuate and therefore will be negotiated with the Contracting Officer as deemed necessary. This is a Total Small Business Set Aside. The applicable NAICS Code is 541191, with a business size standard of $10M. PERIOD OF PERFORMANCE: Abstract and Title Services are being sought for a period of five (5) years with a BPA period anticipated to be October 15, 2013 through October 14, 2018 or upon signature of both parties, whichever is later. The BPA will remain in effect until cancelled by either party. STANDARDS AND RESPONSIBILITIES: Title Commitment services must comply with the Department of Justice (DOJ) Title Standards 2001. The Offeror must be 1) knowledgeable of current requirements of North Dakota State Law in connection with real estate transactions and obtaining title clearances; 2) be an approved agent licensed to do title insurance business in the State of North Dakota; 3) use a title insurance company that is on the United States Attorney General's list of approved companies and also approved by the State Insurance Commissioner in order to assure compliance with all state laws, including title insurance reserve requirements; and 4) provide evidence of liability insurance coverage (standard closing protection letter) for errors and omissions in the amount of at least $1,000,000 and fidelity coverage of at least $500,000 on each individual who will perform substantially services in the process of an easement; or provide an indemnification agreement, satisfactory to NRCS, from the title insurance company providing for reimbursement to NRCS for any loss caused by fraud or failure by the attorneys, agents, or employees of the contractor to comply with NRCS' written closing instructions. The provisions of FAR 52.212-1, Instructions to Offerors-Commercial Items applies to this acquisition. Offerors must submit a completed copy of the provisions at FAR 52.212-3, Offerors Representations and Certifications - Commercial Items with their offer. In addition, the provisions of FAR 52.212-4 Contract Terms and Conditions - Commercial Items and FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial items apply to this solicitation and are attached. EVALUATION PROCEDURES: The following factors shall be used to evaluate offers: 1. Technical Capacity - a narrative of the offer's technical ability to provide personnel with education and experience required to perform the work described in the Statement of Work. Ability to perform in a timely manner and in compliance with performance schedules and quality of work for title work performed. Ability to perform simultaneously on multiple services. 2. Price each item noted in the attached schedule. If a price cannot be provided by "Job" please indicate otherwise and the basis for the amount provided. 3. Past Performance - past experience in performing the work described in the Statement of Work, as well as experience in the area proposed. Past performance ratings demonstrating a commitment to customer satisfaction and timely delivery of quality services at fair and reasonable price (which may include a list of references and letters of recommendation with company seal or logo) may be submitted for evaluation purposes. Technical and past performance, when combined, are equal to price. System for Award Management (SAM): All contractors must be registered with the System for Award Management to be awarded a BPA. You may register easily and quickly online at www.ccr.gov or 1-888-227-2423. The first step to registering is to obtain a Data Universal Numbering System (DUNS) number, which is a unique nine-character identification number provided by the commercial company Dun & Bradstreet (D&B). To request a DUNS number call D&B at the toll free number 1-866-705-5711 or register online at http://www.dnb.com. Obtaining a DUNS number through this process is free of charge. It is advised that you begin this process as soon as possible since it can take several days to complete. Failure to register by close of business on the third day after notification of possible award by the Contracting Officer may cause rejection of your offer. Interested Contractors wishing to enter into a BPA should reply in writing to the Contracting Officer listed below no later than 4:00PM CT, Wednesday, October 9, 2013. Offers should be addressed to the following: United States Department of Agriculture Natural Resources Conservation Service North Dakota State Office ATTN: Linda K. McArthur, Contracting Officer 220 E. Rosser Avenue, Room 278 Bismarck, ND 58501 Offerors must submit the following to the address noted above: a. Provide Contractor Name, Address, Phone, Fax, Email and Data Universal Numbering System (DUNS) Number. b. Return the completed "Schedule" specifying pricing for Preliminary Abstract and Title services and the counties in North Dakota in which you are willing to complete this work. c. Provide evidence of liability insurance coverage as outlined above; d. Describe staffing level that will enable you to perform simultaneously on multiple call orders. e. Provide qualification information for key personnel (any regularly and frequently used sub-contractors) expected to participate in the work under the BPA, this information should include years of experience, types of title services prepared, and experience in the areas proposed. f. Provide a listing of previous experience in completing the Government requested services, including a point of contact for each Government BPA or contract you have previously worked on. In the alternative, provide a list of references and letters of recommendation with company seal or logo.